Template:GTMA Master Agreement 2004 6.1

6.1 Failure Circumstances
Except to the extent that a Party is relieved from complying with a relevant obligation under clause 9 (Force Majeure), if, in respect of a Settlement Period, a Party (the “Non-Complying Party"):

6.1.1 (ECV Notification Agent Authorisation or Appointment Failure) is in breach of clause 4 and no Accurate ECV Notification is made;
6.1.2 (ECV Nomination Failure) is in breach of clause 5 and no Accurate ECV Notification is made;
6.1.3 (Non-compliance with Balancing and Settlement Code) has not complied with clause 3.3 and as a result no Accurate ECV Notification can be made or an Accurate ECV Notification is wholly or partly cancelled or rejected and not remade before the ECV Notification Deadline; or
6.1.4 (Withdrawal of ECV Nomination or ECV Notification) is in breach of clause 5.3 and no Accurate ECV Notification is made,

then the Non-Complying Partyshall pay to the other Party (the “Complying Party") an amount calculated by reference to clause 6.2.
If, in respect of a Settlement Period, both Parties are Non-Complying Parties under this clause 6.1 , then both Parties shall be deemed not to be a Non-Complying Partyand no amount shall be payable under clauses 6.2 or 6.3.