Common use of Events outside of our Clause in Contracts

Events outside of our. or your control Neither you or we will be responsible for failing to keep to any term of this contract (other than a failure to make any payment), if this is caused by any event or set of circumstances which is outside of our or your reasonable control (as relevant) (an “event outside of our or your control”). An event outside of our or your control will include (but not be limited to), any event or set of circumstances that qualifies as “Force Majeure” under the Uniform Network Code. If either of us (as relevant, being the “affected party”) is subject to an event outside of our or your control, the affected party will not be in breach of this contract if: • the affected party promptly notifies the other by telephone and email of the nature and extent of the event outside of our or your control causing the failure or delay in performance; and • the affected party has taken all reasonable steps to minimise the effect of the event outside of our or your control and to carry out its obligations under this contract in any way that is reasonably practicable. The affected party shall resume the performance of its obligations as soon as reasonably possible. If the event outside of our or your control continues for more than three (3) months, either of us may give written notice to the other to end this contract. The notice to end the contract must specify the date of termination, which must not be less than fifteen (15) days after the date on which the notice is given. Once a notice to end the contract has been validly given, the contract will terminate on the date of termination set out in the notice.

Events outside of our. or your control Neither you or we will be responsible for failing to keep to any term of this contract (other than a failure to make any payment), if this is caused by any event or set of circumstances which is outside of our or your reasonable control (as relevant) (an “event outside of our or your control”). An event outside of our or your control will include (but not be limited to), any event or set of circumstances that qualifies as “Force Majeure” under the Uniform Network Code. If either of us (as relevant, being the “affected party”) is subject to an event outside of our or your control, the affected party will not be in breach of this contract if: • the affected party promptly notifies the other by telephone and email of the nature and extent of the event outside of our or your control causing the failure or delay in performance; and • the affected party has taken all reasonable steps to minimise the effect of the event outside of our or your control and to carry out its obligations under this contract in any way that is reasonably practicable. The affected party shall resume the performance of its obligations as soon as reasonably possible. If the event outside of our or your control continues for more than three (3) months, either of us may give written notice to the other to end this contract. The notice to end the contract must specify the date of termination, which must not be less than fifteen (15) business days after the date on which the notice is given. Once a notice to end the contract has been validly given, the contract will terminate on the date of termination set out in the notice. If an event outside of our or your control occurs, we will each bear half of any loss incurred by AvantiGas ON Limited from selling the gas that has not been supplied to you, but which was secured, in anticipation of your supply, on the open market. We will invoice you for such amount and you will pay such amount to us in accordance with section 6.1.