46.3  Termination for Force Majeure

(a)  (Force Majeure Termination Event notice): Subject to clause 46.3(c), if a Force Majeure Termination Event occurs (or is deemed to have occurred) and its effects are then subsisting or clause 42.5(a)(ii) applies, then either party may terminate this Deed by giving notice to the other party.

(b)  (Date of termination): Termination of this Deed for a Force Majeure Termination Event will take effect upon the date specified in the notice given under clause 46.3(a) or clause 42.5(a)(ii) (as applicable).

(c)  (Restrictions on termination): Project Co must not terminate this Deed under clause 46.3(a):

(i)  during the period Project Co is entitled to recover (or would have been entitled to recover but for an Insurance Failure Event) under the:

A.  delayed start-up or advanced loss of profits sections of the Contract Works Insurance or the Marine Transit Insurance;

B.  advance loss of profits Insurance; or

C.  the business interruption section of the Industrial Special Risks Insurance,

for the relevant Force Majeure Termination Event; or

(ii)  if it has not complied with its obligations under clauses 26.5 or 32.1(a) in respect of the relevant Force Majeure Event (as applicable).