Common use of Entitlement to Force Majeure relief Clause in Contracts

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 47 contracts

Samples: Track Access Contract (Passenger Services), Track Access Contract (Passenger Services), Track Access Contract (Passenger Services)

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Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure force majeure relief if and to the extent that: (a) performance of the Relevant Obligation Obligation, including as to the achievement of a Local Output, has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause Clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 25 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure force majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(fClause 17.1(g), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 22 contracts

Samples: Track Access Contract (Freight Services), Track Access Contract, Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause Clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 19 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(f)paragraph (f) of the definition of Force Majeure Event, none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 15 contracts

Samples: Model Connection Contract, Model Connection Contract, Model Connection Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure force majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause Clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 8 contracts

Samples: Freight Customer Track Access Contract, Freight Customer Track Access Contract, Freight Customer Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(f17.1(g), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 7 contracts

Samples: Track Access Contract, Track Access Contract, Track Access Contract

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Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated): (i) to avoid the occurrence of the Force Majeure Event; and (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and (c) except in the case of clause 17.1(f)paragraph (g) of the definition of Force Majeure Event, none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.

Appears in 3 contracts

Samples: Connection Contract, Connection Contract, Connection Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event;Event;‌ (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated):anticipated):‌ (i) to avoid the occurrence of the Force Majeure Event; andand‌ (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; andand‌ (c) except in the case of clause Clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.Event.‌

Appears in 1 contract

Samples: Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure force majeure relief if and to the extent that: (a) performance of the Relevant Obligation Obligation, including as to the achievement of a Local Output, has been prevented or materially impeded by reason of a Force Majeure Event;Event;‌ (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated):anticipated):‌ (i) to avoid the occurrence of the Force Majeure Event; andand‌ (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; andand‌ (c) except in the case of clause Clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.Event.‌

Appears in 1 contract

Samples: Track Access Contract

Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: (a) performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event;Event;‌ (b) it has taken all reasonable steps, taking account of all relevant circumstances (including as to whether the event in question could reasonably have been anticipated):anticipated):‌ (i) to avoid the occurrence of the Force Majeure Event; andand‌ (ii) to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; andand‌ (c) except in the case of clause 17.1(f), none of the Affected Party, its officers, employees or agents caused the Force Majeure Event.Event.‌

Appears in 1 contract

Samples: Track Access Contract

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