FORCE
MAJEURE;
(II)
DETAILS OF THE OBLIGATIONS
AFFECTED;
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(III)
DETAILS OF THE ACTION THAT
IT HAS TAKEN AND/OR PROPOSES TO TAKE TO REMEDY THE SITUATION;
(IV)
AN ESTIMATE OF THE TIME DURING
WHICH IT WILL BE UNABLE TO CARRY OUT ITS OBLIGATIONS DUE TO THE FORCE MAJEURE;
(V)
AN ESTIMATE OF THE COSTS
THAT IT WILL INCUR TO REMEDY THE SITUATION; AND
(VI)
DETAILS OF ALL INSURANCE
MONEYS UPON WHICH IT WILL BE ABLE TO RELY IN MAKING GOOD DAMAGE CAUSED BY THE
FORCE MAJEURE.
(B)
AFTER GIVING NOTICE UNDER
CLAUSE 20.1(A) THE PARTY MUST CONTINUE TO PROVIDE TO THE OTHER PARTIES ALL
RELEVANT INFORMATION PERTAINING TO THE FORCE MAJEURE.
20.2
MEETING, APPLICATION OF PROVISIONS
The Parties must meet within 5 Business Days of service of a notice of a Force
Majeure event to determine:
(A)
IF THE FORCE MAJEURE IS
COVERED BY INSURANCE;
(B)
THE ESTIMATED LENGTH OF
TIME FOR WHICH THE FORCE MAJEURE WILL CONTINUE; AND
(C)
A PLAN OF ACTION TO REMEDY
(IF POSSIBLE) THE EFFECTS OF THE FORCE MAJEURE.
20.3
SUSPENSION OF OBLIGATIONS
(A)
IF A FORCE MAJEURE OCCURS
EACH PARTY'S OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN UNDER THIS CLAUSE 20)
WHICH ARE AFFECTED BY THE FORCE MAJEURE WILL BE SUSPENDED BUT ONLY TO THE EXTENT
AND FOR SO LONG AS SUCH OBLIGATIONS ARE AFFECTED BY THE FORCE MAJEURE.
(B)
IF A FORCE MAJEURE OCCURS
AND A NOTICE UNDER CLAUSE 20.1(A) IS ISSUED, NO PARTY WILL BE IN DEFAULT OF ITS
OBLIGATIONS UNDER THIS AGREEMENT IN SO FAR AS THE FAILURE OR DELAY IN THE
OBSERVANCE OR PERFORMANCE OF THOSE OBLIGATIONS BY THAT PARTY IS CAUSED BY THE
FORCE MAJEURE SPECIFIED IN THE FORCE MAJEURE NOTICE.
(C)
UPON THE PARTY BECOMING
ABLE TO RECOMMENCE PERFORMING ITS OBLIGATIONS WHICH WERE SUSPENDED UNDER
CLAUSE 20.3(A), THE PARTY MUST RECOMMENCE THE PERFORMANCE OF THOSE OBLIGATIONS.
20.4
DUTY TO REMEDY FORCE MAJEURE
Where there is a remedy, the Contractor must and the Principal must use its best
endeavours to procure the Access Provider to use reasonable endeavours to remedy
the effects of a Force Majeure promptly, including making any reasonable
expenditure of funds which may mitigate or avoid the effect of the Force
Majeure.
21.
ASSIGNMENT
(A)
THE CONTRACTOR AND THE
ACCESS PROVIDER MUST NOT ASSIGN, NOVATE OR OTHERWISE TRANSFER ANY OF ITS RIGHTS
OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF THE
PRINCIPAL.
(B)
THE PRINCIPAL MAY, WITHOUT
THE CONSENT OF THE ACCESS PROVIDER OR THE CONTRACTOR, AT ANY TIME ASSIGN, NOVATE
OR OTHERWISE TRANSFER:
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(I)
THE BENEFIT OF ALL OR
ANY OF THE ACCESS PROVIDER AND CONTRACTOR'S OBLIGATIONS UNDER THIS AGREEMENT;
AND/OR
(II)
ANY OF ITS RIGHTS OR
OBLIGATIONS UNDER THIS AGREEMENT,
to any person to whom the Principal has assigned corresponding rights under the
Project Agreement and which has the capacity to carry out the obligations of the
Principal under this Agreement.
The Access Provider and Contractor will execute
any document required by the Principal and do such things as