Common use of Majeure Events Clause in Contracts

Majeure Events. 19.1 Subject to clauses 19.2 to 19.6, each Party shall be relieved from liability for non-performance of its obligations under this Agreement (other than any obligation to make payment) to the extent that it is not able to perform such obligations by reason of a Force Majeure Event. 19.2 Each Party shall at all times following the occurrence of a Force Majeure Event: (a) take all reasonable steps to prevent and mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Force Majeure Event as soon as practicable and use all reasonable endeavours in accordance with Good Industry Practice to remedy its failure to perform; and (b) not be relieved from liability under this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to any failure to comply with its obligations under clause 19.2(a). 19.3 On the occurrence of a Force Majeure Event, the affected Party shall serve notice on the other Party as soon as reasonably practicable and in any event within ten (10) Working Days of it becoming aware of the relevant Force Majeure Event. Such notification shall give sufficient details to identify the particular event claimed to be a Force Majeure Event and shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including the date of occurrence of the Force Majeure Event, the effect of the Force Majeure Event on the ability of the affected Party to perform, the action being taken in accordance with clause 19.2(a) and an estimate of the period of time required to overcome the effects of the Force Majeure Event. The affected Party shall provide the other Party with any further information it receives or becomes aware of which relates to the Force Majeure Event and provide an update on the estimate of the period of time required to overcome its effects. 19.4 The affected Party shall notify the other Party as soon as practicable once the performance of its affected obligations can be resumed (performance to continue on the terms existing immediately prior to the occurrence of the Force Majeure Event). 19.5 As soon as practicable following the notification described in clause 19.3, the Parties shall use all reasonable endeavours to agree appropriate terms or modifications to the Implementation Programme to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of this Agreement. 19.6 If no such terms or modifications are agreed on or before the date falling three months after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing or its effects remain, then either Party may terminate this Agreement with immediate effect by written notice to the other Party. Upon termination the provisions of clause 22 shall apply.

Majeure Events. 19.1 Subject to clauses 19.2 to 19.616.1 Notwithstanding any other provision of this Agreement, each a Party shall not be relieved from liability for non-in breach of this Agreement if performance of any of its obligations (other than an obligation to make any payment of the Charges or any other amounts due and payable) under this Agreement is prevented or delayed (other than any obligation in full or in part) due to make payment) to the extent that it is not able to perform such obligations by reason of a Force Majeure Event. 19.2 Each Party shall at all times following the occurrence of 16.2 If a Force Majeure EventEvent occurs, the affected Party shall: (a) inform the other Party in writing as soon as reasonably practical of the impact of the Force Majeure Event (including, if reasonably practicable, the period for which it is estimated that such failure or delay will continue); (b) take all reasonable steps to prevent comply with the terms of this Agreement as fully and mitigate the consequences promptly as possible and shall provide updates as frequently as reasonably possible in respect of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Force Majeure Event as soon as practicable and use all reasonable endeavours in accordance with Good Industry Practice to remedy its failure to performEvent; and (bc) not be relieved from liability under this Agreement take all reasonable steps to minimise the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to any failure to comply with its obligations under clause 19.2(a). 19.3 On the occurrence of a Force Majeure Event, the affected Party shall serve notice on the other Party as soon as reasonably practicable and in any event within ten (10) Working Days of it becoming aware of the relevant Force Majeure Event. Such notification shall give sufficient details to identify the particular event claimed to be a Force Majeure Event and shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including the date of occurrence impact of the Force Majeure Event, . 16.3 This clause 16 will not apply to a Party affected by a Force Majeure Event if such Party could have avoided the effect of the Force Majeure Event on by taking precautions which, having regard to all the ability of the affected Party matter known to perform, the action being taken in accordance with clause 19.2(a) and an estimate of the period of time required to overcome the effects of it before the Force Majeure Event, it ought reasonably to have taken, but did not. The affected 17Confidentiality 17.1 Each Party shall provide protect the Confidential Information of the other Party with any further information against unauthorised disclosure by using the same degree of care as it receives or becomes aware takes to preserve and safeguard its own Confidential Information of which relates a similar nature, being at least a reasonable degree of care. 17.2 Confidential Information may be disclosed by the receiving Party to its employees, Affiliates and professional advisers, provided that the Force Majeure Event and provide an update on recipient is bound in writing to maintain the estimate confidentiality of the period Confidential Information received. 17.3 The obligations set out in this clause 17 shall not apply to Confidential Information which the receiving Party can demonstrate: (a) is or has become publicly known other than through breach of time this clause 17; or (b) was in possession of the receiving Party prior to disclosure by the other Party; or ​ (c) was received by the receiving Party from an independent third party who has full right of disclosure; or (d) was independently developed by the receiving Party; or (e) was required to overcome its effects. 19.4 The affected be disclosed by governmental Authority, provided that the Party shall notify subject to such requirement to disclose gives the other Party as soon as practicable once the performance of its affected obligations can be resumed (performance to continue on the terms existing immediately prior to the occurrence prompt written notice of the Force Majeure Event)requirement. 19.5 As soon as practicable following the notification described in clause 19.3, the Parties shall use all reasonable endeavours to agree appropriate terms or modifications to the Implementation Programme to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of this Agreement. 19.6 If no such terms or modifications are agreed on or before the date falling three months after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing or its effects remain, then either Party may terminate this Agreement with immediate effect by written notice to the other Party. Upon termination the provisions of clause 22 shall apply.

Majeure Events. 19.1 Subject to clauses 19.2 to 19.6, each Party shall be relieved from liability for non-performance of its obligations under this Agreement (other than any obligation to make payment) to the extent that it is not able to perform or suffers or causes delay in performing (acting reasonably) such obligations by reason of a Force Majeure Event. 19.2 Each Party shall at all times following the occurrence of a Force Majeure Event: (a) take all reasonable steps to prevent and mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Force Majeure Event as soon as practicable and use all reasonable endeavours in accordance with Good Industry Practice to remedy its failure to perform; and (b) not be relieved from liability under this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to any failure to comply with its obligations under clause 19.2(a). 19.3 On the occurrence of a Force Majeure Event, the affected Party shall serve notice on the other Party as soon as reasonably practicable and in any event within ten (10) Working Days of it becoming aware of the relevant Force Majeure Event. Such notification shall give sufficient details to identify the particular event claimed to be a Force Majeure Event and shall contain provide such relevant information relating to the failure to perform (or delay in performing) as is available, including the date of occurrence of the Force Majeure Event, the effect of the Force Majeure Event on the ability of the affected Party to perform, the action being taken in accordance with clause 19.2(a) and (where possible) an estimate of the period of time required to overcome effects on the effects of Implementation Programme, the Force Majeure EventCompletion Date and the Liquidated Damages Payment Date. The affected Party shall provide the other Party with any further information it receives or becomes aware of which relates to the Force Majeure Event and provide an update on the estimate of the period of time required to overcome its effectsEvent. 19.4 The affected Party shall notify the other Party as soon as practicable once the performance of its affected obligations can be resumed (performance to continue on the terms existing immediately prior to the occurrence of the Force Majeure Event). 19.5 As soon as practicable following the notification described in clause 19.3, the Parties shall use all reasonable endeavours to agree appropriate terms or modifications to the Implementation Programme (including those needed to mitigate properly take into account any changes to the Completion Date and the Liquidated Damages Payment Date required by Network Rail under clause 19.1) to take into account the effects of the Force Majeure Event and to facilitate the continued performance of this AgreementAgreement and the progress of the Works and Services. 19.6 If no such terms or modifications are agreed on or before the date falling three months after the date consequences of the commencement of the Force Majeure Event and such Force Majeure Event is are continuing or its effects remainfor a period not less than 42 calendar days and the Parties have not agreed appropriate modifications in accordance with clause 19.5, then either Party may terminate this Agreement with immediate effect by written notice to the other Party. Upon termination the provisions of clause 22 shall apply.

Majeure Events. 19.1 Subject to clauses 19.2 to 19.6, each Party shall be relieved from liability for non-performance performa nce of its obligations under this Agreement (other than any obligation to make payment) to the extent that it is not able to perform such obligations by reason of a Force Majeure Event. 19.2 Each Party shall at all times following the occurrence of a Force Majeure Event: (a) take all reasonable steps to prevent and mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Force Majeure Event as soon as practicable and use all reasonable endeavours in accordance with Good Industry Practice to remedy its failure to perform; and (b) not be relieved from liability under this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to any failure to comply with its obligations under clause 19.2(a). 19.3 On the occurrence of a Force Majeure Event, the affected Party shall serve notice on the other Party as soon as reasonably practicable and in any event within ten (10) Working Days of it becoming aware of the relevant Force Majeure Event. Such notification shall give sufficient details to identify the particular event claimed to be a Force Majeure Event and shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including the date of occurrence of the Force Majeure Event, the effect of the Force Majeure Event on the ability of the affected Party to perform, the action being taken in accordance with clause 19.2(a) and an estimate of the period of time required to overcome the effects of the Force Majeure Event. The affected Party shall provide the other Party with any further information it receives or becomes aware of which relates to the Force Majeure Event and provide an update on the estimate of the period of time required to overcome its effects. 19.4 The affected Party shall notify the other Party as soon as practicable once the performance of its affected obligations can be resumed (performance to continue on the terms existing immediately prior to the occurrence of the Force Majeure Event). 19.5 As soon as practicable following the notification described in clause 19.3, the Parties shall use all reasonable endeavours to agree appropriate terms or modifications to the Implementation Programme to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of this Agreement. 19.6 If no such terms or modifications are agreed on or before the date falling three months after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing or its effects remain, then either Party may terminate this Agreement with immediate effect by written notice to the other Party. Upon termination the provisions of clause 22 shall apply.