46.1 If, in the circumstances referred to in Clause 43 (Force Majeure), the parties have failed to reach agreement on any modification to this Agreement pursuant to Clause 43 (Force Majeure) within six (6) calendar months of the date on which the party affected serves notice on the other party in accordance with Clause 43 (Force Majeure) either party may at any time afterwards terminate this Agreement by written notice to the other party having immediate effect provided always that the effects of the relevant event of Force Majeure continues to prevent either party from performing any material obligation under this Agreement.