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Where a contract to which sections 1 and 2 apply contains a provision which, on the true construction of the contract, is intended to have effect in the event of circumstances arising which operate, or would but for that provision operate, to frustrate the contract, or is intended to have effect whether those circumstances arise or not, the Court shall give effect to that provision and shall only give effect to sections 1 and 2 to the extent that appears to the Court to be consistent with that provision.