Template:GTMA Master Agreement 2004 23.1

23.1 Balancing and Settlement Code Changes
Subject to clause 12.6 (Illegality), if:

23.1.1 there are any changes to the Balancing and Settlement Code or any other rules and procedures of the System Operator with which either Party is required to comply in order to trade electricity as contemplated by Agreement (whether made at the direction of any government, governmental body, regulator, competent authority or otherwise); and

23.1.2 as a result, either Party is unable to comply with one or more provisions of Agreement,

then, at the written request of either Party, the Parties shall, in good faith, seek to agree the amendments (if any) to Agreement necessary or appropriate to take account of those changes, so that Agreement may continue in force and continue to provide for the trade of the respective Contract Amounts at the relevant Contract Prices and during the relevant periods as agreed for each Transaction. The Parties expressly agree that the purpose of any such amendments is solely to enable the mechanics of Agreement to be changed so that they effectively integrate with the changes to the Balancing and Settlement Code or the other rules and procedures. Any new costs, expenses or risks (including any costs, expenses or risks arising from changes in the way in which transmission or distribution losses or constraints are dealt with) which arise due to the changes and are not of a type provided for in Agreement are not intended to be allocated from one Party to the other by virtue of this clause 23.1 (unless otherwise expressly agreed by the Parties). Any such changes to the Balancing and Settlement Code or any other rules and procedures of the System Operator shall not constitute Force Majeure for the purposes of Agreement.