If by reason of force majeure, fire, tempest, explosion of any kind, failure or neglect on the part of any utility supplying electricity, gas or water, labour strife, civil commotion, war (or threat thereof), act or threatened act of terrorism, fire or explosion or any other event beyond the control of the Council other than a shortage of money or shortage of materials the Council is or anticipates that it will be prevented or hindered from fulfilling the substance of its obligations under this Agreement then the Council shall forthwith ensure that the Hirer is aware of the occurrence of any such event and the Council shall be entitled at any time thereafter, so long as such cause still subsists, to cancel or suspend this Agreement by notice in writing to the Hirer.
In the event of cancellation or suspension pursuant to clause 34.1 above the Council shall be under no liability to the Hirer or its sub-hirers for any loss which they may sustain in consequence of any such cancellation or suspension. The Hirer shall in the event of cancellation be under no liability to the Council in respect of its future obligations under this Agreement and in the event of suspension shall be relieved of such obligations under this Agreement for the period of such suspension (but without prejudice to any rights of either party against the other in respect of any claim accrued under this Agreement down to the date of commencement of such cancellation or suspension).
In the event of cancellation or suspension of part or parts of the Council's obligations as aforesaid, the Council shall repay to the Hirer that part of the Fee in respect of any period or periods affected by such cancellation or suspension apportioned on a basis which shall fairly and reasonably be attributable to the part or parts of the Council's obligations so suspended.
Notwithstanding this clause 34, the Council may also suspend, control or cancel the Event in
the circumstances specified in 34.5 and any such circumstances shall be regarded as being matters outside the control of the Council for the purposes of this clause 34
Where, in the reasonable opinion of the Council, any situation or action or event occurring during the Hiring Period is a breach on the part of the Hirer of the terms of this Agreement or may constitute a danger to public safety including the safety of the persons present at the Event, the right to suspend or control in such manner and to such extent as the Council may consider necessary any such situation, action or event.
