19.5 RELEASE FROM PERFORMANCE UNDER THE LAW
This provision is intended to enable the parties to be discharged from further
performance if any event or circumstance beyond their control (including,
but not limited to, force majeure) arises:
●
which makes it impossible or unlawful for either or both of them to fulfil
their obligations; or
●
which, under the governing law of the contract, entitles them to be released
from further performance.
In either case, a party may give notice to the other of the relevant event or
circumstance. Upon that notice:
●
the parties will be discharged from further performance (but without pre-
judice to, or not affecting, the rights of either party in relation to previous
breaches of contract, if any); and
●
the sum payable to the Contractor will be the same as for a termination
under clause 19.6 (see above).
Thus, the parties may be discharged from further performance where
events or circumstances beyond their control prevent them from performing
their obligations in a potentially wider set of situations than force majeure as
defined in the Books. The parties may be excused in any such situation where
under the governing law of the contract they would be entitled to be
discharged.