50.  FORCE MAJEURE

50.1  Subject to the remaining provisions of this Clause 50, either party to this Agreement may claim relief from liability for non-performance of its obligations to the extent this is due to a Force Majeure Event.  In particular, the Contractor shall be relieved from its Service Credits obligation to the extent that the Services are affected by the Force Majeure Event and the Charges shall be reduced to the extent that the Authority does not receive the Services as a result of the Force Majeure Event.

50.2  A party cannot claim relief if the Force Majeure Event is attributable to its wilful act, neglect or failure to take reasonable precautions against the relevant Force Majeure Event.

50.3  The Contractor cannot claim relief from a Force Majeure Event to the extent that it is required to comply with the BCDR Plan but has failed to do so (unless this failure is also due to a Force Majeure Event affecting the operation of the BCDR Plan).

50.4  The Affected Party shall immediately give the other party written notice of the Force Majeure Event.  As soon as practicable following the Affected Party's notification, the parties shall consult with each other in good faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of this Agreement.  Where the Contractor is the Affected Party, it shall take all steps in accordance with Good Industry Practice to overcome or minimise the consequences of the Force Majeure Event.