Glossary Term: Supplier Force Majeure

A Supplier shall not be liable to any other Party for delay or failure in performing its obligations to the extent that such delay or failure results from or is caused directly by any event or circumstance beyond the reasonable control of the Supplier including: (a) Act of public enemy, war declared or undeclared, threat of war, terrorist Act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, sabotage or Act of vandalism; (b) strikes, lockouts or other industrial disturbances; (c) lightning, storm, accumulation of snow or ice, earthquake, fire, flood or Act of God; (d) explosion, fault or failure of Plant or machinery which (in each case) could not have been prevented by Good Industry Practice; (e) governmental restraint, Act of Parliament, other legislation, by-law and Directive (not being any order, regulation or direction under Section 32, 33, 34 or 35 of the Act); (f) a failure by the SVAA to provide Daily Profile Coefficients to a Data Collector for which the Supplier is responsible or to distribute Market Domain Data in accordance with the relevant BSC Procedures; (g) the provision to the Supplier or any Supplier Agent for which it is responsible by the SVAA of Daily Profile Coefficients or Market Domain Data which is incorrect in any material respect; (h) a failure in the Communication network or method used by the Supplier’s Supplier Agent in accordance with the relevant Party Service Lines and BSC Procedures provided the Supplier has first used reasonable endeavours to ensure that its Supplier Agent has used any reasonable alternative method of Communication available. (“Supplier Force Majeure”), provided that this paragraph 3.3 is subject to compliance by the Supplier and its Supplier Agents in all respects with the disaster recovery provisions from time to time set out in the applicable Party Service Lines; has the meaning given to that term in Section S3.3.1;

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