20.3.1  Termination other than for Uninsurable Force Majeure Event

(a)  As soon as practicable following the Force Majeure Event (other than an Uninsurable Force Majeure Event), government and the private party must consult with each other and use reasonable endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and facilitate continued performance of the project agreement (including reinstatement of the works or facility where appropriate).

(b)  If:

(i)  the private party and government are unable to agree appropriate terms to mitigate the effect of the Force Majeure Event and facilitate the continued performance of the project agreement within a specified period; and

(ii)  the Force Majeure Event is continuing or its consequences remain such that the affected party has been or is unable to comply with all or a material part of its obligations under the project agreement for more than a specified period,

then government may terminate the project agreement.

(c)  Upon termination of the project agreement, government will pay the private party a Termination Payment in accordance with the principles set out in Chapter 25 (Termination Payments).