Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 4 contracts
Samples: Track Access Contract, Track Access Contract, Track Access Agreement
Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure force majeure relief if and to the extent that: 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; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 2 contracts
Samples: 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: performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 2 contracts
Samples: 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: performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 2 contracts
Samples: Track Access Contract (Passenger Services), Track Access Contract
Entitlement to Force Majeure relief. An Affected Party is entitled to Force Majeure relief if and to the extent that: performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 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: performance of the Relevant Obligation has been prevented or materially impeded by reason of a Force Majeure Event; 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): to avoid the occurrence of the Force Majeure Event; and to minimise, and where practicable avoid, the effects of the Force Majeure Event on its ability to perform the Relevant Obligation; and 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 1 contract
Samples: Track Access Contract