The National Diabetes Services Scheme Agreement
17A. Force Majeure Event
17A.1 If a Party's ability to undertake or perform its obligations under this Agreement is affected, or likely to be affected, by a Force Majeure Event:
- that Party must immediately give to the other notice of that fact, including:
- full particulars of the Force Majeure Event;
- an estimate of its likely duration;
- the obligations affected by it and the extent of its effect on those obligations; and
- the steps taken to rectify it; and
- the obligations under this Agreement of the Party giving the notice are suspended to the extent to which they are affected by the Force Majeure Event as long as the Force Majeure Event continues.
17A.2 A Party claiming a Force Majeure Event must use its best endeavours to remove, overcome or minimise the effects of that Force Majeure Event as quickly as possible.
17A.3 Diabetes Australia will not have the right to any payment (except in respect of moneys payable by the Commonwealth prior to the occurrence of the Force Majeure Event) from the Commonwealth to the extent that its performance of this Agreement is affected by a Force Majeure Event.
17A.4 If a Force Majeure Event continues for 30 days either Party may immediately terminate this Agreement by written notice to the other.
17A.5 Where either Party terminates this Agreement under clause 17A.4, the Commonwealth will only be liable to make payment pursuant to an invoice which the Supplier properly, or could have properly, invoiced the Commonwealth prior to termination.