Common use of Nature of Relief Clause in Contracts

Nature of Relief. The Buyer or the Sellers (as the case may be) shall, subject to Article 16.5 and Article 16.6, be relieved from liability under this Agreement as follows: 16.4.1 In the case of the Sellers, to the extent that by reason of Force Majeure, the Sellers: (a) fail to deliver the quantities of Specification Gas Properly Nominated for delivery under this Agreement; (b) fail to perform any of their other obligations under this Agreement; or (c) are otherwise in breach of any covenant under this Agreement. 16.4.2 In the case of the Buyer, to the extent that by reason of Force Majeure, the Buyer: (a) fails to take delivery of Specification Gas Properly Nominated for delivery and properly tendered for delivery under this Agreement; (b) fails to perform any of its other obligations under this Agreement; (c) is otherwise in breach of any covenant under this Agreement; or (d) is unable to: (i) accept Natural Gas at Buyer’s Facilities and/or use Natural Gas to generate electricity at and/or transmit electricity from any of the Buyer’s Facilities; or (ii) transport or have transported in the Downstream System to any of Buyer’s Facilities the whole or any part of the Natural Gas which was to have been transported therein (pursuant to the Transportation Agreement) owing to the inoperability of the Downstream System caused by an event or circumstance beyond the control of the Transporter (acting and having acted as a Reasonable and Prudent Operator) and which could not have been prevented or overcome by the exercise by the Transporter of the standard of a Reasonable and Prudent Operator. 16.4.3 In the event that either the Buyer or the Sellers shall exercise their respective rights (pursuant to Article 23.1) to perform any obligations under this Agreement by procuring that such obligations are performed by a third party, then the Buyer or the Sellers (as the case may be) shall only be entitled to be relieved from liability for reasons of Force Majeure to the extent that they acted as a Reasonable and Prudent Operator in appointing such third party and such third party would have been so entitled to such relief if such third party had been the Buyer or the Sellers (as the case may be) under this Agreement. For the avoidance of doubt, any Force Majeure event relating to the Yam-Tethys Facilities shall constitute a Force Majeure event under this Agreement provided that the inoperability of the Yam-Tethys Facilities would have entitled the Yam-Tethys Partners to such relief if Yam-Tethys Partners had been the Sellers under this Agreement.

Nature of Relief. The Buyer or the Sellers (as the case may be) shall, subject to Article 16.5 16.4 and Article 16.616.5, be relieved from liability the duty to perform any obligation or undertaking under this Agreement and from any liability resulting from failing to perform such obligation or undertaking, in whole or in part, as follows: 16.4.1 16.3.1 In the case of the Sellers, to the extent that by reason of Force Majeure, the Sellersany Seller: (a) fail fails to deliver the applicable Seller’s Percentage of the quantities of Specification Gas Properly Nominated for delivery under this Agreement; (b) fail fails to perform any of their its other obligations under this Agreement, other than obligations to pay money; or (c) are is otherwise in breach of any covenant under this Agreement. 16.4.2 16.3.2 In the case of the Buyer, to the extent that by reason of Force Majeure, the Buyer: (a) fails to take delivery of Specification Gas Properly Nominated for delivery and properly tendered for delivery under this Agreement; (b) fails to perform any of its other obligations under this Agreement;; other than obligations to pay money; or (c) is otherwise in breach of any covenant under this Agreement; or (d) is unable to: (i) accept Natural Gas at Buyer’s Facilities and/or use Natural Gas to generate electricity at and/or transmit electricity from any of the Buyer’s Facilities; or (ii) transport or have transported in the Downstream System to any of Buyer’s Facilities the whole or any part of the Natural Gas which was to have been transported therein (pursuant to the Transportation Agreement) owing to the inoperability of the Downstream System caused by an event or circumstance beyond the control of the Transporter (acting and having acted as a Reasonable and Prudent Operator) and which could not have been prevented or overcome by the exercise by the Transporter of the standard of a Reasonable and Prudent Operator. 16.4.3 16.3.3 In the event that either the Buyer or the Sellers shall exercise their respective rights (pursuant to Article 23.1) to perform any obligations under this Agreement by procuring that such obligations are performed by a third party, then the Buyer or the Sellers (as the case may be) shall only be entitled to be relieved from the duty to perform obligations or undertakings under this Agreement and from any liability resulting from failing to perform such obligation or undertaking, in whole or in part, for reasons of Force Majeure to the extent that they acted as a Reasonable and Prudent Operator in appointing such third party and such third party would have been so entitled to such relief if such third party had been the Buyer or the Sellers (as the case may be) under this Agreement. For the avoidance of doubt, any Force Majeure event relating to the Yam-Tethys Facilities Facilities, shall constitute a Force Majeure event under this Agreement provided that the inoperability of occurrence in relation to the Yam-Tethys Facilities would have entitled the Yam-Tethys Partners to such relief if the Yam-Tethys Partners had been the Sellers under this Agreement.