Common use of Prolonged Force Majeure Clause in Contracts

Prolonged Force Majeure. The Service Provider and the User must consult in good faith to decide what action should be taken to carry out the intentions of this Agreement if, as a result of a Force Majeure Event, a party is affected in the performance of any obligation or clause under this Agreement for a period of 12 Calendar Months. If after 1 Calendar Month the Parties are unable to agree upon resolving the Force Majeure Event, then: (a) if the Force Majeure Event wholly prevents the performance of this Agreement, either Party may terminate this Agreement by giving to the other Party not less than 30 Days' prior written notice to that effect; or (b) if the Force Majeure Event prevents delivery of Gas to some but not all of the Delivery Points, either Party may delete those Delivery Points from the Relevant Customer List by giving to the other Party not less than 3 Business Days' notice, and thereafter neither Party will be under any further obligation to the other in respect of this Agreement or the deleted Delivery Points as the case may be, but each Party will remain responsible for the performance of obligations under this Agreement arising prior to the date of termination and after that date for the performance of obligations in respect of any Delivery Points which are not deleted.

Prolonged Force Majeure. The Service Provider JGN and the User must consult in good faith to decide what action should be taken to carry out the intentions of this Agreement if, as a result of a Force Majeure Event, a party Party is affected in the performance of any obligation or clause under this Agreement for a period of 12 Calendar Months. If after a further 1 Calendar Month the Parties are unable to agree upon resolving a means to resolve or otherwise overcome the relevant impact of the Force Majeure Event, then: (a) if the Force Majeure Event wholly prevents the performance of this Agreement, either Party may terminate this Agreement by giving to the other Party not less than 30 Days' prior written notice to that effect; or (b) if the Force Majeure Event prevents delivery of Gas to some but not all of the Delivery Points, either Party may delete elect to have those Delivery Points deleted from the Relevant Customer List by giving to the other Party not less than 3 Business Days' notice, and JGN must delete those Delivery Points accordingly, and thereafter neither Party will be under any further obligation to the other in respect of this Agreement or the deleted Delivery Points as the case may be, but each Party will remain responsible for the performance of obligations under this Agreement arising prior to the date of termination termination, and after that date for the performance of obligations in respect of any Delivery Points which are not deleted.

Prolonged Force Majeure. The Service Provider ActewAGLEvoenergy and the User must consult in good faith to decide what action should be taken to carry out the intentions of this Agreement if, as a result of a Force Majeure Event, a party Party is affected in the performance of any obligation or clause under this Agreement for a period of 12 Calendar Months. If after a further 1 Calendar Month the Parties are unable to agree upon resolving a means to resolve or otherwise overcome the relevant impact of the Force Majeure Event, then: (a) if the Force Majeure Event wholly prevents the performance of this Agreement, either Party may terminate this Agreement by giving to the other Party not less than 30 Days' prior written notice to that effect; or (b) if the Force Majeure Event prevents delivery of Gas to some but not all of the Delivery Points, either Party may delete elect to have those Delivery Points deleted from the Relevant Customer List by giving to the other Party not less than 3 Business Days' notice, and ActewAGLEvoenergy must delete those Delivery Points accordingly, and thereafter neither Party will be under any further obligation to the other in respect of this Agreement or the deleted Delivery Points as the case may be, but each Party will remain responsible for the performance of obligations under this Agreement arising prior to the date of termination termination, and after that date for the performance of obligations in respect of any Delivery Points which are not deleted.