SECTION I GENERAL PROVISIONS
CHAPTER 3 MISCELLANEOUS
Article 3.1 Force Majeure
  1. For the purpose of this Rulebook Force Majeure events shall mean all events that affect the performance of obligations arising from this Rulebook, are beyond the control of the party affected by them and could not have been anticipated or prevented, despite the diligence that any prudent party might have shown.

  2. If any party is unable to fulfill any of its obligations under this Rulebook due to circumstances of Force Majeure, the fulfillment of mutual claims and obligations arising from the corresponding Balancing Service Contract or the Balance Responsible Party Contract shall be suspended for the Force Majeure period.

  3. In the event of Force Majeure, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party that invokes Force Majeure, shall have the following obligations:

    a) it shall be required to send to the other party a notice, as soon as possible, describing the nature of the Force Majeure event and its probable duration, and to continue to give reports with reasonable frequency during the period of the Force Majeure event.

    b) it shall make every possible effort to limit the consequences of the Force Majeure event, as soon as possible, after the occurrence of the Force Majeure event,

    c) it shall cooperate with the other Party in the interest of finding the best way to continue their activities to the extent possible in accordance with this Rulebook.

  4. If the Force Majeure event continues for a period longer than six (6) months, the HETS Operator or the registered Balancing Service Provider/registered Balance Responsible Party affected by the Force Majeure event may unilaterally terminate the Balancing Service Contract or the Balance Responsible Party Contract, respectively, by notice to the other party. The termination shall take effect within ten (10) business days from the date of the notice or at any later date specified in the Termination Notice.