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10 Force Majeure
and hold harmless the Operator in respect of any claims against the Operator made by any consumer to which such User supplies gas, and any producer from which such User procures gas in respect of any loss or damage incurred or claimed to have been incurred by such consumer or producer, against the Operator in respect of any failure by the Operator to accept the delivery of, or make available for offtake, gas, and all costs and expenses incurred by the Operator in connection thereto.
9.12 The indemnity in favour of the Operator set out in paragraph 9.11 shall not extend to any claims made against the Operator in respect of any losses in respect of any unlawful act or save where such claims arose as a result of any action taken by the Operator in accordance with the provisions of the Code, any claims in respect of physical damage.
10 Force Majeure
10.1 In the Code, "Force Majeure" means any event or circumstance, or any combination of events and/or circumstances, the occurrence of which is beyond the reasonable control of, and could not have been avoided by steps which might reasonably be expected to have been taken by a party acting as a Reasonable and Prudent Operator (the "Affected Party") and which causes or results in the failure of the Affected Party to perform or its delay in performing any of its obligations owed to any other Party or Parties (each an "Other Party") under the Code, including any:
(a) war declared or undeclared, threat of war, act of public enemy, terrorist act, blockade, revolution, riot, insurrection, civil commotion, public demonstration, sabotage, act of vandalism;
(b) act of God;
(c) strike, lockout or other industrial disturbance;
(d) explosion, fire, fault or failure of plant, equipment or other installation which the Affected Party could not prevent or overcome by the exercise of the degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same kind of undertaking under the same or similar circumstances;
(e) governmental restraint or the coming into force of any regulation, licence or Directive of any Competent Authority;
(f) suspension, withdrawal or change in the terms of any licence, permit or consent;
(g) structural shift or subsidence affecting generally a part or parts of the System or any area or areas of the route of the pipelines comprised in the System;
(h) the occurrence of an event constituting force majeure for the purposes of the N I N e t w o r k G a s T r a n s m i s s i o n C o d e .
10.2 Subject to paragraph 10.4 and without prejudice to any other provisions of the Code limiting or restricting the liability of the Affected Party, if by reason of an event of Force Majeure, the Affected Party is rendered unable wholly or in part to carry out its obligations under the Code then its obligations shall be suspended to the extent the Affected Party's ability to perform is hindered by the Force Majeure event.
