44.5  Unable to Agree

If no such terms are agreed on or before the date falling [eighty (80)] Business 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 twenty (120)] Business Days], then, subject to clause 44.6 (Consequences of Termination), either party may terminate this Agreement by giving [twenty (20)] Business Days' written notice to the other party.