Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement (except for payment obligations) due solely to conditions or events of Force Majeure, provided that: 14.3.1 the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the event of Force Majeure; 14.3.2 the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure; 14.3.3 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 event of Force Majeure; and 14.3.4 when the non-performing Party is able to resume performance of its obligations under this Agreement, the non-performing Party shall give the other Party written notice to that effect.
Appears in 4 contracts
Samples: Direct Load Control Delivery Agreement, Direct Load Control Delivery Agreement (Comverge, Inc.), Direct Load Control Delivery Agreement (Comverge, Inc.)
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement (except for payment obligations) due solely to conditions or events of Force Majeure, provided that:
14.3.1 the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the event of Force Majeure;
14.3.2 the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure;
14.3.3 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 event of Force Majeure; and
14.3.4 when the non-performing Party is able to resume performance of its obligations under this Agreement, the non-performing Party shall give the other Party written notice to that effect.
Appears in 3 contracts
Samples: Demand Response Capacity Delivery Agreement (Comverge, Inc.), Demand Response Capacity Delivery Agreement (Comverge, Inc.), Demand Response Capacity Delivery Agreement (Comverge, Inc.)
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement (except for payment obligations) due solely to conditions or events of Force Majeure, provided that:
14.3.1 14.2.1 the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the event of Force Majeure;
14.3.2 14.2.2 the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure;
14.3.3 14.2.3 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 event of Force Majeure; and
14.3.4 14.2.4 when the non-performing Party is able to resume performance of its obligations under this Agreement, the non-performing Party shall give the other Party written notice to that effect.
Appears in 1 contract
Samples: Delivered Demand Reduction Agreement (Comverge, Inc.)
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement (except for payment obligations) due solely to conditions or events of Force Majeure, provided that:
14.3.1 the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the event of Force Majeure;
14.3.2 the suspension of performance is of no greater scope and of no longer duration than is required by the event of Force Majeure;
14.3.3 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 event of Force Majeure; and
14.3.4 when the non-performing Party is able to resume performance of its obligations under this Agreement, the non-performing that Party shall give the other Party written notice to that effect.
Appears in 1 contract
Samples: Demand Response Capacity Delivery Agreement (Comverge, Inc.)