Common use of Termination after extended Force Majeure Event Clause in Contracts

Termination after extended Force Majeure Event. If by reason of a Force Majeure Event a Party (“affected Party”) is rendered unable to perform its obligations under this Agreement for a period of more than three (3) consecutive Months, the Parties must meet in an endeavour to identify any alternative viable means to provide the suspended Access Rights and failing an alternative means being agreed upon within one (1) Month of the end of the three (3) Month period the other Party may terminate this Agreement by thirty (30) days written notice to the affected Party and the End User and the provisions of this Agreement relating to termination set out in Clauses 21.4 and 21.5 apply without prejudice to any of the rights of the Parties accrued prior to the date of such termination. Aurizon Network must send a written notice of invitation to the End User for, and provide the End User with a reasonable opportunity to participate in, any meeting of the Parties pursuant to this clause 19.6.

Termination after extended Force Majeure Event. If by reason of a Force Majeure Event a Party (“affected Party”) is rendered unable to perform its obligations under this Agreement for a period of more than three (3) consecutive Months, the Parties must meet in an endeavour to identify any alternative viable means to provide the suspended Access Rights and failing an alternative means being agreed upon within one (1) Month of the end of the three (3) Month period the other Party may terminate this Agreement by thirty (30) days written notice to the affected Party and the End User and the provisions of this Agreement relating to termination set out in Clauses 21.4 and 21.5 apply without prejudice to any of the rights of the Parties accrued prior to the date of such termination. Aurizon QR Network must send a written notice of invitation to the End User for, and provide the End User with a reasonable opportunity to participate in, any meeting of the Parties pursuant to this clause 19.6.