57.1  Failure to Agree

If no terms are agreed pursuant to clause 37.4 (Force Majeure Event) on or before the date falling one hundred and twenty (120) days after the date of the commencement of the Force Majeure Event and such Force Majeure Event is continuing, or its consequence remains such that the Affected Party is unable to comply with its obligations under this Agreement for a period of more than one hundred and eighty (180) days, then, subject to clause 57.2, either party may terminate this Agreement by serving a Termination Notice and this Agreement shall terminate on the date falling twenty (20) Business Days' after the date of receipt of such Termination Notice unless clause 57.2 applies.