Whelson shall be entitled to refuse or suspend performance under any contract:
- In the event of the consents or permits envisaged in clause 2.1.2 being refused or withdrawn for any reason whatsoever; and
- If in Whelson’s opinion, it is impossible, impractical or dangerous to continue to comply with its obligations by reason of vis major; and
- Whilst any of the conditions referred to in clause 2 remain unfulfilled.
No refusal to perform or suspension of performance as a result of the aforegoing events shall novate or waive any of the other rights to which Whelson is entitled at law (including Whelson’s rights to recover monies then due to it in respect of services already performed by it) nor shall the same constitute a breach hereof by Whelson.