Common use of Frustration Clause in Contracts

Frustration. If this agreement as a whole or substantially the whole of section 3 (grid security services), section 4 (smelter demand response) or sections 5 and 6 (contract for difference payment and consumption value rebate) becomes or would, but for this clause, become impossible of performance or frustrated such that it would be discharged at common law (or any statute that codifies or replaces that common law), then unless this agreement expressly sets out a particular consequence as a result of the occurrence of the relevant event or circumstance, either party may, by notice to the other, require the parties to enter into negotiations to agree amendments to this agreement to ensure that the relative benefits of and burdens on each party arising out of this agreement are preserved as they were prior to occurrence of the impossibility or frustration. Any failure to agree amendments may be resolved as a Dispute under section 20 (dispute resolution).