Common use of Applicability of Force Majeure Clause in Contracts

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event Event of defaultDefault, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or and associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) Neither 1. Except as expressly set forth in this Contract, neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this AgreementContract or to accept or compensate Customer for excess Renewable Energy under Public Service’s net metering or other tariff except for Renewable Energy delivered to Public Service’s electric grid as measured by a net meter.

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) 1. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (aA) Neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementPPA, nor shall any delay, failure, or other occurrence or event become an event Event of defaultDefault, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided provided, however, that: (i) The 1. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The 2. the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The 3. the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When 4. when the non-performing Party is able to resume performance of its obligations under this AgreementPPA, that Party shall give the other Party written notice to that effect. (bB) Except as otherwise expressly provided for in this AgreementPPA, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement PPA (including, but not limited to, including payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event Event of defaultDefault, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When when the non-performing Party is able to resume performance of its obligations under this Agreement, that such Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (aA) Neither Other than as set forth in Section 11.3, neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementREPA (other than the obligation to make payment of amounts due and payable under this REPA), nor shall any delay, failure, or other occurrence or event become an event Event of defaultDefault, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i1) The the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii2) The the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii3) The the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv4) When when the non-performing Party is able to resume performance of its obligations under this AgreementREPA, that Party shall give the other Party prompt written notice to that effect. (bB) Except as otherwise expressly provided for in this AgreementREPA, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement REPA (including, but not limited to, including payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) i. The non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) . The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) . The non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) . When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (aA) Neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementPPA, nor shall any delay, failure, or other occurrence or event become an event Event of defaultDefault, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i1) The the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii2) The the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii3) The the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv4) When when the non-performing Party is able to resume performance of its obligations under this Agreement, PPA that Party shall give the other Party written notice to that effect. (bB) Except as otherwise expressly provided for in this AgreementPPA, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement PPA (including, but not limited to, including payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.

Applicability of Force Majeure. (a) Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) Except as otherwise expressly provided for in this Agreement, the t h e existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.Notwithstanding

Applicability of Force Majeure. (a) Neither Party 1. None of the Parties shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Renewable Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this AgreementContract.

Applicability of Force Majeure. (a) Neither Party 1. Except as expressly set forth in this Contract, none of the Parties shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the each other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the each other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the each other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this AgreementContract, or to accept or compensate Customer for excess Renewable Energy under Public Service’s net metering or other tariff except for Renewable Energy delivered to Public Service’s electric grid as measured by a net meter.

Applicability of Force Majeure. (a) 1. Neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed energy or unsubscribed Photovoltaic Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this AgreementContract.

Applicability of Force Majeure. (a) 1. Neither Party shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Renewable Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this AgreementContract.

Applicability of Force Majeure. (a) Neither Party 1. None of the Parties shall be responsible or liable for any delay or failure in its performance under this AgreementContract, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The 1. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The 2. the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The 3. the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When 4. when the non-performing Party is able to resume performance of its obligations under this AgreementContract, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this AgreementContract, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement Contract (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy Public Service shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Renewable Energy or associated RECs under this Agreement Contract except for actual production as measured by the metering provisions of this Agreement.Contract. SAMPLE

Applicability of Force Majeure. (a) Neither Except as expressly set forth in this Agreement, neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that: (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) . Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.SAMPLE

Applicability of Force Majeure. (a) 1. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure, provided that:: SAMPLE (i) The i. the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the Force Majeure; (ii) The . the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) The . the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; and (iv) When . when the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect. (b) 2. Except as otherwise expressly provided for in this Agreement, the existence of a condition or event of Force Majeure shall not relieve the Parties of their obligations under this Agreement (including, but not limited to, payment obligations) to the extent that performance of such obligations is not precluded by the condition or event of Force Majeure. Notwithstanding this provision, Black Hills Energy shall have no obligation to make any payment for either subscribed or unsubscribed Photovoltaic Energy or associated RECs under this Agreement except for actual production as measured by the metering provisions of this Agreement.