Common use of Right of Evoenergy to terminate Clause in Contracts

Right of Evoenergy to terminate. (a) Subject to clause 25.2(b), Evoenergy may terminate this Agreement by 30 Days' notice if, as a result of a Change in Law after the date of this Agreement: (i) the Service provided under this Agreement is no longer available to the User under the Access Arrangement as a reference service; or (ii) in the opinion of Xxxxxxxxx (acting reasonably), the commercial position of Evoenergy under this Agreement is materially adversely affected. (b) Evoenergy may only exercise its right to terminate under clause 25.2(a)(ii) if Evoenergy and the User, negotiating in good faith, have been unable to agree to amend this Agreement, to deal with the impact of the relevant Change in Law. (c) In this clause 25.2 Change in Law means: (i) the introduction of a new Law; or (ii) an amendment to, or repeal of, an existing Law; or (iii) a new or changed interpretation (which is binding on Evoenergy) of an existing Law resulting from a decision of: (A) a court; (B) a tribunal; (C) an arbitrator; (D) a Government or regulatory department, body, instrumentality, minister, commissioner, officer, agency or other authority; or (E) a person or body which is the successor to the administrative responsibilities of any person or body described in sub-paragraph (D) above.

Right of Evoenergy to terminate. (a) Subject to clause 25.2(bclause23.2(b), Evoenergy may terminate this Agreement by 30 Days' notice if, as a result of a Change in Law after the date of this Agreement: (i) the Service provided under this Agreement is no longer available to the User under the Access Arrangement as a reference service; or (ii) in the opinion of Xxxxxxxxx (acting reasonably), the commercial position of Evoenergy under this Agreement is materially adversely affected. (b) Evoenergy may only exercise its right to terminate under clause 25.2(a)(ii23.2(a)(ii) if Evoenergy and the User, negotiating in good faith, have been unable to agree to amend this Agreement, to deal with the impact of the relevant Change in Law. (c) In this clause 25.2 23.2 Change in Law means: (i) the introduction of a new Law; or (ii) an amendment to, or repeal of, an existing Law; or (iii) a new or changed interpretation (which is binding on Evoenergy) of an existing Law resulting from a decision of: (A) a court; (B) a tribunal; (C) an arbitrator; (D) a Government or regulatory department, body, instrumentality, minister, commissioner, officer, agency or other authority; or (E) a person or body which is the successor to the administrative responsibilities of any person or body described in sub-paragraph (D) above.