SUSPENSION OF COMMITMENTS AND TERMINATION. 6.1 Suspension due to events outside the Parties’ control The commitments undertaken by SNCF Réseau and the Framework Agreement Customer shall be suspended, except for the confidentiality obligation under Article 16 of this framework agreement, when the cause of the non-execution or partial execution of their obligations is the occurrence of one of the events outside their control set forth below: - In the case of force majeure, which shall be any irresistible, unpredictable event outside the control of the Parties, making it impossible for one or the other of the Parties to this agreement to fulfil its obligations in full or in part. - Natural disasters or weather-related phenomena (frost, snow, heat waves, floods, storms, etc.) of an intensity and/or on a scale deemed exceptional by comparison with normal conditions in metropolitan France. - Adoption of a law, regulation or decision by the State, the Transport Regulatory Authority (ART) or an institution of the European Union that significantly affects capacity allocation and the performance of transport services during the period of application of this framework agreement and prevents the Parties from fulfilling their obligations, in whole or in part, such as major decisions pertaining to a capacity reinforcement plan set out in Article 26 of Decree No. 2003-194 or requests for defence or public safety purposes. - Early termination by the customer with whom the Framework Agreement Customer has entered into a commercial contract and for the execution of which the Train Paths pertaining to this framework agreement have been ordered. In this hypothesis, the Framework Agreement Customer may request the suspension of its commitments for the Train Paths that have become non applicable due to the termination of the commercial contract. In order to do so, it must inform SNCF Réseau, by e-mail, accompanied by all useful supporting evidence, sent to the referent account manager, as soon as possible and within 15 days at the latest from the date on which it receives the letter announcing the early termination of the commercial contract. In all instances where the contractual obligations cannot be performed due to the occurrence of one of the events mentioned above, these shall be suspended automatically throughout the duration of the said event but only as concerns the obligations of the Parties regarding the capacity offered (at outbound/return level) that is in fact affected by the event. If an event set out in ...
SUSPENSION OF COMMITMENTS AND TERMINATION. 6.1 Suspension due to events outside the Parties’ control The commitments undertaken by SNCF Réseau and the Customer shall be suspended, excluding the confidentiality obligation as stipulated under Article 1, when the non-execution or partial execution of their obligations is due to the occurrence of one of the events outside their control set forth below: - In the event of a case of force majeure that designates any uncontrollable or unpredictable event external to the Parties that makes it impossible to perform all or some of the obligations of one or other of the Parties to this agreement as defined in Article 21 of the General Terms & Conditions of Use of the infrastructure to which it refers (accidental incidents and/or criminal or malicious acts, natural catastrophes or climactic phenomena of exceptional intensity and/or scale, strike among the staff of SNCF Réseau or the railway undertaking, measures sought or taken by the public authority, judicial authorities or by the emergency or fire services) . - Adoption of a law, regulation or decision by the State, the Transport Regulation Authority or any European Union institutions that significantly affects Capacity allocation and the performance of transport services during the period of application of this agreement, and prevents the Parties from fulfilling their obligations, in whole or in part, such as major decisions pertaining to a Capacity reinforcement plan set out in Article 26 of Decree No. 2003-194, or requests for defence or public safety purposes. - In the event of early termination by the Customer with whom a commercial contract was entered into and for the execution of which the Train Paths pertaining to this agreement were ordered. In this hypothesis, the Customer may request the suspension of its commitments for the train paths-days that have become non applicable due to the termination of the commercial contract. In order to do so, it must inform SNCF Réseau, by e-mail, accompanied by all useful supporting evidence, sent to the referent account manager, as soon as possible and within 15 days at the latest from the date on which it receives the letter announcing the early termination of the commercial contract. In all instances where the contractual obligations cannot be performed due to the occurrence of one of the events mentioned above, these shall be suspended automatically throughout the duration of the said event but only as concerns the obligations of the Parties regarding the add...
