Common use of Applicability of Force Majeure Event Clause in Contracts

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the non-performing Party shall give the other Party written notice within forty eight (48) hours of the commencement of the Force Majeure Event, with details to be supplied within ten (10) Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event; (d) when the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (e) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 2 contracts

Samples: Purchase & Sale Agreement (USA Synthetic Fuel Corp), Purchase & Sale Agreement (USA Synthetic Fuel Corp)

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Applicability of Force Majeure Event. Neither No Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) 13.2.1 the nonNon-performing Performing Party shall give the other Party Parties verbal and email notice as soon a practicable and written notice within forty forty-eight (48) hours after the Non- Performing Party's knowledge of the commencement of the Force Majeure Event, with details to be supplied within ten (10) Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) 13.2.2 the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) 13.2.3 the Non-Performing Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports from time to time to, and in any event within five (5) Business Days after receipt of the request of, the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event; (d) 13.2.4 when the performance of the Non-Performing Party claiming the Force Majeure Event is no longer being delayed or prevented, that the Non-Performing Party shall promptly give the other Party Parties written notice to that effect; and (e) except as specifically provided in this Article IX, 13.2.5 a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Project Operation and Maintenance Agreement

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the non-performing Party shall give the other Party written notice within forty eight (48) 48 hours of the commencement of the Force Majeure Event, with details to be supplied within ten (10) 10 Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After Event after such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event;; and (d) when the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; : and (e) except as specifically provided in this Article IXXVII, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Power Purchase Agreement (Dynegy Inc /Il/)

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement (except for such Party's performance of its payment obligations hereunder, which shall not be excused by any Force Majeure Event) to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the 12.2.1 The non-performing Party shall give the other Party written notice within forty eight three (483) hours Business Days of the commencement of the Force Majeure Event, with available details to be supplied within ten (10) Days [redacted] after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the 12.2.2 The delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the 12.2.3 The Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall shall, as requested (but not more often than weekly), provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event;; and (d) when 12.2.4 When the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (e) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Energy Contract (Southern Power Co)

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided PROVIDED that: (a) the non-performing Party shall give the other Party written notice within forty eight (48) 48 hours of the commencement of the Force Majeure Event, with details to be supplied within ten (10) 10 Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event;; and (d) when the performance of the Party claiming the Force Majeure Event event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (e) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Power Purchase Agreement (LSP Batesville Funding Corp)

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement (except for such Party's performance of its payment obligations hereunder, which shall not be excused by any Force Majeure Event) to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the 13.2.1 The non-performing Party shall give the other Party written notice within forty eight three (483) hours Business Days of the commencement of the Force Majeure Event, with available details to be supplied within ten (10) Days [redacted] after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the 13.2.2 The delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the 13.2.3 The Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall shall, as requested (but not more often than weekly), provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event;; and (d) when 13.2.4 When the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (e) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Power and Gas Supply Agreement (Southern Power Co)

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Applicability of Force Majeure Event. (a) Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (ai) the non-performing Party shall give the other Party written notice within forty eight (48) hours of the commencement of the Force Majeure Event, with details to be supplied within ten (10) Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (bii) the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (ciii) the Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event; (div) when the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (ev) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Ultra Clean Synthetic Crude Purchase and Sale Agreement (USA Synthetic Fuel Corp)

Applicability of Force Majeure Event. Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the non-performing Party shall give the other Party written notice within forty eight (48) hours of the commencement of the Force Majeure Event, with details to be supplied within ten (10) Days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the delay in performance shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure Event; (c) the Party whose performance is delayed or prevented shall proceed with Commercially Reasonable Efforts to overcome the events or circumstances preventing or delaying performance and shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Majuere Event, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure Event; (d) when the performance of the Party claiming the Force Majeure Event is no longer being delayed or prevented, that Party shall give the other Party written notice to that effect; and (e) except as specifically provided in this Article IXXIV, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Synthetic Natural Gas Purchase and Sale Agreement (Global Energy, Inc.)

Applicability of Force Majeure Event. Neither No Party shall will be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure Event, provided that: (a) the non-performing Party shall will give the other Party Parties written notice within forty eight (48) hours of the commencement of the Force Majeure Event, with details to be supplied within ten fourteen (1014) Days calendar days after the commencement of the Force Majeure Event further describing the particulars of the occurrence of the Force Majeure Event. After such commencement the non-performing party shall be excused for breach or liability for any delay or failure in its performance hereunder; (b) the delay in performance shall will be of no greater scope and of no longer nolonger duration than is directly caused by the Force Majeure Event; (c) the Party whose performance is delayed or prevented shall will proceed with Commercially Reasonable Efforts commercially reasonable efforts to overcome the events or circumstances preventing or delaying performance and shall will provide weekly a written progress reports report to the other Party Parties during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure Event, the schedule for such actions and the expected date by which performance shall will no longer be affected by the Force Majeure Event;; and (d) when the performance of the Party claiming the Force Majeure Event event is no longer being delayed or prevented, that Party shall will give the other Party Parties written notice to that effect; and (e) except as specifically provided in this Article IX, a Force Majeure Event shall not excuse any obligation to make any payments that are otherwise due and payable pursuant to this Agreement.

Appears in 1 contract

Samples: Road Use Agreement

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