Common use of Obligation to Notify Clause in Contracts

Obligation to Notify. 14.2.1 Notwithstanding anything contained herein, the Affected Party shall, as soon as practicable, and in any case within forty-eight (48) hours of the occurrence of a Force Majeure Event or from the date of having knowledge thereof, Notify the Independent Expert, the Independent Auditor and the other Party, of the occurrence of the Force Majeure Event by the issuance of a notice in writing (the Force Majeure Notice). 14.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the nature and extent of the Force Majeure Event; (b) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any of the Affected Party’s obligations under this Agreement are affected by the Force Majeure Event; (d) the measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and (e) any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the Parties under this Agreement. 14.2.3 The Parties shall, as soon as practicable upon the receipt of the Force Majeure Notice and in any case within five (5) days from the date of receipt of the same, convene a meeting, along with the Independent Expert for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of Force Majeure Period; and (c) to formulate damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of which had been affected by the Force Majeure Event. 14.2.4 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports and such other information, details and/or documents that the other Party may reasonably require.

Obligation to Notify. 14.2.1 Notwithstanding anything contained herein14.1.1 If by reason of an Insurable or Non-Insurable Event a Party claims that it is wholly or partially unable to carry out its obligations under this Agreement, the Affected affected Party shall, : (a) give the other Party notice of the event(s) as soon as practicable, and but in any case within event, not later than forty-eight (48) hours after the affected Party becomes aware of the occurrence of a Force Majeure Event that event or from those events or, if the date means of having knowledge thereofproviding such notice within such period is not available, Notify not later than six (6) hours after the Independent Expert, resumption of the Independent Auditor and means of providing such notice; (b) give the other PartyParty a second notice, describing that event or those events in reasonable detail and, to the extent that it can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than seven (7) days after the initial notice of the occurrence of the Force Majeure Event Insurable or Non-Insurable Event(s) is given by the issuance of a notice in writing (the Force Majeure Notice). 14.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the nature and extent of the Force Majeure Event; (b) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any of the Affected affected Party’s obligations under this Agreement are affected by the Force Majeure Event; (d) the measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and (e) any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the Parties under this Agreement. 14.2.3 The Parties shall, as soon as practicable upon the receipt of the Force Majeure Notice and in any case within five (5) days from the date of receipt of the same, convene a meeting, along with the Independent Expert for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of Force Majeure Period; and (c) when appropriate or when reasonably requested to formulate damage mitigation measures and the steps to be undertaken do so by the Parties for resumption of the obligationsother Party, the performance of which had been affected by the Force Majeure Event. 14.2.4 The Affected Party shall during the Force Majeure Period provide further notices to the other Party with regular (not less than weekly) reports more fully describing the event or events and such other informationits cause or causes and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect or effects thereof and estimates, details and/or documents to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to that event or those events. 14.1.2 The affected Party shall also provide notice to the other Party may reasonably requireof (i) with respect to an ongoing Insurable or Non-Insurable Event, the cessation of that event, and (ii) the affected Party's ability to recommence performance of its obligations under this Agreement, as soon as practicable after becoming aware of each of (i) and (ii) above, but in any event (and subject to the accommodation in Section 14.1.1 which shall apply, mutatis mutandis, where means of providing such notice within such period is not available), not later than seven (7) days after becoming so aware. 14.1.3 Failure by the affected Party to give notice of an Insurable or Non-Insurable Event to the other Party within the periods required by Section 14.1.1 shall not prevent the affected Party from giving such notice at a later time; provided however, that in such case, the affected Party shall not be excused from any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 14.1.1 has been given. If such notice is given within the forty-eight (48) hour period or six (6) hour period as required by Section 14.1.1, then unless the provisions of Section 14.2 apply, the affected Party shall be excused from such failure or delay pursuant from the date of commencement of the relevant event provided that no Insurable Event or Non-Insurable Event shall excuse the late payment of money when due.

Obligation to Notify. 14.2.1 15.2.1 Notwithstanding anything contained herein, the Affected Party shall, as soon as practicable, and in any case within forty-eight three (4803) hours days of the occurrence of a Force Majeure Event or from the date of having knowledge thereof, Notify the Independent Expert, the Independent Auditor and notify the other Party, of the occurrence of the Force Majeure Event by the issuance of a notice in writing (the “Force Majeure Notice”). 14.2.2 15.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the The nature and extent of the Force Majeure Event;. (b) the The estimated Force Majeure Period;. (c) the The nature of and the extent to which, performance of any of the Affected Party’s obligations under this Agreement Management Contract are affected by the Force Majeure Event;. (d) the The measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and. (e) any Any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the Parties under this AgreementO&M Contract. 14.2.3 15.2.3 The Parties shall, as soon as practicable upon the receipt of the Force Majeure Notice and in any case within five (5) days from the date of receipt of the same, convene a meeting, along with the Independent Expert Auditor, for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility Institute in order to: (a) assess Assess the impact of the underlying Force Majeure Event;. (b) to To determine the likely duration of Force Majeure Period; and. (c) to To formulate damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of which had been affected by the Force Majeure Event. 14.2.4 15.2.4 The Affected Party shall shall, during the Force Majeure Period Period, provide to the other Party with regular (not less than weekly) reports and such other information, details and/or documents that the other Party may reasonably require.

Obligation to Notify. 14.2.1 Notwithstanding anything contained herein16.3.1 If an Affected Party reasonably considers that a circumstance has arisen which constitutes or is likely to constitute or result in a Force Majeure Event in relation to it, the Affected Party shall, as soon as practicableis reasonably possible, and in any case within forty-eight no later than seven (487) hours of Days following the occurrence of a Force Majeure Event or from the date of having knowledge thereofEvent, Notify the Independent Expert, the Independent Auditor and give the other Party, of Party notice setting out the occurrence of the Force Majeure Event by the issuance of a notice following in writing (the Force Majeure Notice). 14.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the followingreasonable detail: (aA) the nature and extent a description of the relevant Force Majeure Event; (bB) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any rights or obligations of the Affected Party’s obligations Party under this Agreement which have been or shall be, or are likely to be, affected by the Force Majeure Event; (d) the measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and (eC) any other relevant information concerning an estimate of the expected duration of such Force Majeure Event, and/or the rights and obligations of the Parties under this Agreement. 14.2.3 The Parties shall, as soon as practicable upon 16.3.2 Failure by the receipt Affected Party to give notice of the a Force Majeure Notice and Event to the other Party within the seven (7) Day period required by Section 16.3.1shall not prevent the Affected Party from giving such notice at a later time, provided, however, that in such case, the Affected Party shall not be excused pursuant to this Section16 for any case failure or delay in complying with its obligations under or pursuant to this Agreement until the notice has been given. If such notice is given within five the seven (57) days Day period, the Affected Party shall be excused for such failure or delay from the date of receipt commencement of the samerelevant Force Majeure Event. 16.3.3 In the case of a Force Majeure Event which prevents the Affected Party from performing an obligation under this Agreement, convene a meeting, along with the Independent Expert for Affected Party shall keep the purpose of conducting discussions, other Party informed from time to time and on reasonable request in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility in order relation to: (aA) assess the impact Affected Party's estimate of the underlying likely duration of such Force Majeure Event; (bB) the action taken and the action proposed to determine be taken by the likely duration of Affected Party in order to mitigate and cure such Force Majeure PeriodEvent; (C) the cessation of such Force Majeure Event or the successful mitigation or minimisation of the effects of such Force Majeure Event; and (cD) to formulate damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of any other matter which had been affected by the Force Majeure Event. 14.2.4 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports and such other information, details and/or documents that the other Party may reasonably requirerequest in connection with the occurrence of such Force Majeure Event.

Obligation to Notify. 14.2.1 Notwithstanding anything contained hereinIf an Affected Party reasonably considers that a circumstance has arisen which constitutes or is likely to constitute or result in an Event of Force Majeure in relation to it, the Affected Party shall, must: as soon as practicable, and in any case within forty-eight reasonably practicable thereafter (48) hours of the occurrence of a Force Majeure Event or from but not later than 3 Business Days following the date of having knowledge thereof, Notify on which the Independent Expert, the Independent Auditor and the other Party, Affected Party became aware of the occurrence of the Force Majeure Event by circumstance), give the issuance other Party notice of a notice in writing (the Force Majeure Notice). 14.2.2 The Affected Party shall provide all relevant details in respect that circumstance and of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the nature and extent of the Force Majeure Event; (b) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any obligations of the Affected Party’s obligations Party under this Agreement which have been or will be, or are likely to be, affected by that circumstance; and keep the Force Majeure Event; (d) the measures which the Affected other Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event informed both at reasonable intervals and to resume performance of such of its obligations that are affected upon reasonable request by the Force Majeure Event; and (e) any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the Parties under this Agreement. 14.2.3 The Parties shallParty, as soon as practicable upon following the receipt of that request, of: the Force Majeure Notice and in any case within five (5) days from the date Affected Party's estimate of receipt of the same, convene a meeting, along with the Independent Expert for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of the Event of Force Majeure; the action taken and the action proposed to be taken by the Affected Party in complying with its obligations under clause 11.2(a); the cessation of that Event of Force Majeure Period; and (c) to formulate damage or the successful mitigation measures and the steps to be undertaken by the Parties for resumption or minimisation of the obligations, the performance effects of that Event of Force Majeure; and any other matter which had been affected by the Force Majeure Event. 14.2.4 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports and such other information, details and/or documents that the other Party may reasonably requirerequest in connection with the occurrence of the Event of Force Majeure. Failure to give notice in accordance with clause 11.3(a)(i) will not affect the operation of clause 11.1 if the Affected Party failed to give the notice because it reasonably considered in good faith that the occurrence of the circumstance did not constitute and was not likely to constitute or result in an Event of Force Majeure. Price & Charges Connection Charges The Connection Charges, for the provision of the Connection Services under this Agreement from the Connection Services Commencement Date, will be the amount calculated in accordance with Schedule 2. Connection Charges are payable by the Customer despite any outages or other service disruption, including as a result of an Event of Force Majeure. Termination Charge If this Agreement is terminated by: AusNet Services under clauses 19, 20 or 21; the Customer under clause 21; or AusNet Services or the Customer under clause 22, where the Network Extension Agreement was terminated due to the Customer’s default, then the Customer shall pay AusNet Services the Termination Charge. When Payable The Termination Charge payable by the Customer pursuant to clause 12.2 shall be the amount determined in accordance with Schedule 2; The Termination Charge shall be due and payable 10 Business Days after the Termination Date; and Interest shall accrue daily on that amount at the Bank Xxxx Rate plus 2% per annum for each day from the Termination Date until the amount is paid calculated on actual days elapsed and a 365 day year. Escalation by CPI The Connection Charges will be adjusted annually by CPI and otherwise in accordance with Schedule 2.

Obligation to Notify. 14.2.1 21.2.1 Notwithstanding anything contained herein, the Affected Party shall, as soon as practicable, and in any case within forty-eight seven (487) hours days of the date of occurrence of a Force Majeure Event or from the date of having knowledge thereof, Notify the Independent ExpertEngineer, the Independent Auditor and the other Party, of the occurrence of the Force Majeure Event by the issuance of a notice in writing (the Force Majeure Notice). 14.2.2 21.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the nature and extent of the Force Majeure Event; (b) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any of the Affected Party’s obligations under this Agreement are affected by the Force Majeure Event; (d) the measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and (e) any other relevant information concerning the Force Majeure Event, and/or and /or the rights and obligations of the Parties under this Agreement. 14.2.3 21.2.3 The Parties shall, as soon as practicable upon the receipt of the Force Majeure Notice and in any case within five (5) days from the date of receipt of the same, convene a meeting, along with the Independent Expert Engineer for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or and / or surveys of the Facility Project in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of Force Majeure Period; and (c) to formulate damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of which had been affected by the Force Majeure Event. 14.2.4 21.2.4 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports in respect of the matters set out Section 21.2.3 and such other information, details and/or and / or documents that the other Party may reasonably require.

Obligation to Notify. 14.2.1 17.2.1 Notwithstanding anything contained herein, the Affected Party shall, as soon as practicable, and in any case within forty-eight fifteen (4815) hours days of the date of occurrence of a Force Majeure Event or from the date of having knowledge thereof, Notify notify the Independent ExpertEngineer, the Independent Auditor and the other Party, of the occurrence of the Force Majeure Event in the Affected Area by the issuance of a notice in writing (the “Force Majeure Notice”). 14.2.2 17.2.2 The Affected Party shall provide all relevant details in respect of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the Affected Area; (b) the nature and extent of the Force Majeure EventEvent and the quantum of Force Majeure Costs as per the estimations of the Affected Party; (bc) the estimated Force Majeure Period; (cd) the nature of and the extent to which, performance of any of the Affected Party’s obligations under this Agreement are affected by the Force Majeure Event; (de) the measures which the Affected Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event and to resume performance of such of its obligations that are affected by the Force Majeure Event; and (ef) any other relevant information concerning the Force Majeure Event, and/or and /or the rights and obligations of the Parties under this Agreement. 14.2.3 17.2.3 The Parties shall, as soon as practicable upon the receipt of the Force Majeure Notice and in any case within five ten (510) days from the date of receipt of the same, convene a meeting, along with the Independent Expert Engineer and the Independent Auditor for the purpose of conducting discussions, in good faith, and where necessary the Parties Independent Engineer and the Independent Auditor shall agree to conduct within ten (10) days from such discussion for inspections and/or surveys of the Facility Project in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of Force Majeure Period; and (c) to formulate damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of which had been affected by the Force Majeure Event. 14.2.4 17.2.4 Within thirty (30) days of the receipt of the Force Majeure Notice, the Independent Auditor and the Independent Engineer shall determine the following: (a) That the event occurred be treated as the Force Majeure Event; (b) The impact of the underlying Force Majeure Event and the quantum of the Force Majeure Costs; (c) The likely duration of Force Majeure Period; and (d) Suggest damage mitigation measures and the steps to be undertaken by the Parties for resumption of the obligations, the performance of which had been affected by the Force Majeure Event. Further, the Independent Auditor shall immediately inform the Force Majeure Costs, which it had determined (as above), in writing to the Parties. 17.2.5 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports in respect of the matters set out Section 17.2.2 and such other information, details and/or documents that the other Party may reasonably require.

Obligation to Notify. 14.2.1 Notwithstanding anything contained hereinIf an Affected Party reasonably considers that a circumstance has arisen which constitutes or is likely to constitute or result in an Event of Force Majeure in relation to it, the Affected Party shall, must: as soon as practicable, and in any case within forty-eight reasonably practicable thereafter (48) hours of the occurrence of a Force Majeure Event or from but not later than 3 Business Days following the date of having knowledge thereof, Notify on which the Independent Expert, the Independent Auditor and the other Party, Affected Party became aware of the occurrence of the Force Majeure Event by circumstance), give the issuance other Party notice of a notice in writing (the Force Majeure Notice). 14.2.2 The Affected Party shall provide all relevant details in respect that circumstance and of the Force Majeure Event in the Force Majeure Notice, including but not restricted to the following: (a) the nature and extent of the Force Majeure Event; (b) the estimated Force Majeure Period; (c) the nature of and the extent to which, performance of any obligations of the Affected Party’s obligations Party under this Agreement which have been or will be, or are likely to be, affected by that circumstance; and keep the Force Majeure Event; (d) the measures which the Affected other Party has taken or proposes to undertake to alleviate/mitigate the impact of the Force Majeure Event informed both at reasonable intervals and to resume performance of such of its obligations that are affected upon reasonable request by the Force Majeure Event; and (e) any other relevant information concerning the Force Majeure Event, and/or the rights and obligations of the Parties under this Agreement. 14.2.3 The Parties shallParty, as soon as practicable upon following the receipt of that request, of: the Force Majeure Notice and in any case within five (5) days from the date Affected Party's estimate of receipt of the same, convene a meeting, along with the Independent Expert for the purpose of conducting discussions, in good faith, and where necessary the Parties shall agree to conduct inspections and/or surveys of the Facility in order to: (a) assess the impact of the underlying Force Majeure Event; (b) to determine the likely duration of the Event of Force Majeure; the action taken and the action proposed to be taken by the Affected Party in complying with its obligations under clause 11.2(a); the cessation of that Event of Force Majeure Period; and (c) to formulate damage or the successful mitigation measures and the steps to be undertaken by the Parties for resumption or minimisation of the obligations, the performance effects of that Event of Force Majeure; and any other matter which had been affected by the Force Majeure Event. 14.2.4 The Affected Party shall during the Force Majeure Period provide to the other Party with regular (not less than weekly) reports and such other information, details and/or documents that the other Party may reasonably requirerequest in connection with the occurrence of the Event of Force Majeure. Failure to give notice in accordance with clause 11.3(a)(i) will not affect the operation of clause 11.1 if the Affected Party failed to give the notice because it reasonably considered in good faith that the occurrence of the circumstance did not constitute and was not likely to constitute or result in an Event of Force Majeure. Price & Charges Connection Charges The Connection Charges, for the provision of the Connection Services under this Agreement from the Connection Services Commencement Date, will be the amount calculated in accordance with Schedule 2. Connection Charges are payable by the Customer despite any outages or other service disruption, including as a result of an Event of Force Majeure. Termination Charge If this Agreement is terminated by: AusNet Services under clauses 19, 20 or 21; the Customer under clause 21, or AusNet Services or the Customer under clause 22, where the Network Extension Agreement or the Network Modification Agreement was terminated due to the Customer’s default, then the Customer shall pay AusNet Services the Termination Charge. When Payable The Termination Charge payable by the Customer pursuant to clause 12.2 shall be the amount determined in accordance with Schedule 2; The Termination Charge shall be due and payable 10 Business Days after the Termination Date; and Interest shall accrue daily on that amount at the Bank Xxxx Rate plus 2% per annum for each day from the Termination Date until the amount is paid calculated on actual days elapsed and a 365 day year. Escalation by CPI The Connection Charges will be adjusted annually by CPI and otherwise in accordance with Schedule 2.