Common use of Termination for continuing Force Majeure Event Clause in Contracts

Termination for continuing Force Majeure Event. The Party that is not the Affected Party may, by written notice to the Affected Party, terminate this Agreement with effect from the date specified in such notice if a Force Majeure Event endures for a continuous period of more than sixty (60) Working Days. Suspension of the Supplier from this Agreement will not affect existing Call-Off Contracts with the Supplier. The Contracting Bodies concerned with such existing Call-Off Contracts will make their own decisions on whether to suspend or terminate those Call-Off Contracts and suspension or termination in those circumstances will be governed by the terms and conditions of the relevant Call-Off Contracts. Notwithstanding the service of a notice to terminate this Agreement or the termination of the Agreement, any provisions in the Agreement which are for the Buyer’s benefit under a Call-Off Contract shall survive the termination or expiry of this Agreement and the Supplier shall continue to fulfil its obligations under this Agreement in relation to such provisions until the latest of any Call-Off Contract established under this Agreement expires or is earlier terminated. Termination or expiry of this Agreement shall be without prejudice to the survival of any provision of this Agreement which expressly (or by implication) is to be performed or observed notwithstanding termination or expiry of this Agreement, including the provisions of: Clauses: 18 (Warranties and Representations), 44 (Records and Audit Access), 20 (Management Charge), 39 (Intellectual Property Rights), 19 (Provision of Management Information), 40 (Provision and Protection of Information), 40.1 (Confidentiality), 40.1& 40.2(Transparency & Freedom of Information), 40.4(Protection of Personal Data), 33 (Liability), 14(Insurance), 23 (Consequences of suspension, termination and expiry), ,31(Waiver and Cumulative Remedies), 37 (Prevention of Fraud and Bribery)30Severability), 34 (Entire Agreement), 29 (Rights of third parties), 35 (Notices), 24 (Complaints Handling & Resolution), 25 (Dispute Resolution) and 28 (Law and jurisdiction); and Schedules:

Termination for continuing Force Majeure Event. The Party that is not the Affected Party may, by written notice to the Affected Party, terminate this Agreement with effect from the date specified in such notice if a Force Majeure Event endures for a continuous period of more than sixty (60) Working Days. Suspension of the Supplier from this Agreement will not affect existing Call-Off Contracts with the Supplier. The Contracting Bodies concerned with such existing Call-Off Contracts will make their own decisions on whether to suspend or terminate those Call-Off Contracts and suspension or termination in those circumstances will be governed by the terms and conditions of the relevant Call-Off Contracts. Notwithstanding the service of a notice to terminate this Agreement or the termination of the Agreement, any provisions in the Agreement which are for the Buyer’s benefit under a Call-Off Contract shall survive the termination or expiry of this Agreement and the Supplier shall continue to fulfil its obligations under this Agreement in relation to such provisions until the latest of any Call-Off Contract established under this Agreement expires or is earlier terminated. Termination or expiry of this Agreement shall be without prejudice to the survival of any provision of this Agreement which expressly (or by implication) is to be performed or observed notwithstanding termination or expiry of this Agreement, including the provisions of: Clauses: 18 (Warranties and Representations), 44 45 (Records and Audit Access), 20 (Management Charge), 39 40 (Intellectual Property Rights), 19 (Provision of Management Information), 40 41 (Provision and Protection of Information), 40.1 41.1 (Confidentiality), 40.141.2 & 40.2(Transparency 41.3 (Transparency & Freedom of Information), 40.4(Protection 41.4 (Protection of Personal Data), 33 (Liability), 14(Insurance14 (Insurance), 23 (Consequences of suspension, termination and expiry), ,31(Waiver , 31 (Waiver and Cumulative Remedies), 37 38 (Prevention of Fraud and Bribery)30SeverabilityBribery),37 ( ), 34 (Entire Agreement), 29 (Rights of third parties), 35 (Notices), 24 (Complaints Handling & Resolution), 25 (Dispute Resolution) and 28 (Law and jurisdiction); and Schedules: