Common use of Cancellation Due to a Force Majeure Event Clause in Contracts

Cancellation Due to a Force Majeure Event. If Supplier is entirely prevented from performing its obligations hereunder for a period of one-hundred eighty (180) consecutive days as a result of the occurrence of a Force Majeure Event suffered by Supplier, then Supplier may cancel, without additional liability, any then remaining unperformed portion of this Agreement, upon not less than thirty (30) Business Days’ prior written notice to the Purchaser; provided, however, that nothing in this Section 14.5 shall relieve or excuse Supplier from its obligations under Article 7 of this Agreement in respect of the occurrence of a Force Majeure Event or relieve either Party from any payment obligation that has accrued as of the date of cancellation or prior thereto; provided further, however, that any payment obligations of Purchaser shall be reduced by the amount of funds received by Supplier, if any, in connection with the resale of any Turbines or Turbine components sold that are applicable to such payment obligations of Purchaser, and, if following such reduction, Purchaser is owed a refund of some portion of the Purchase Price from Supplier, Supplier shall refund to Purchaser the applicable amount of Purchase Price previously paid to Supplier within thirty (30) days of such termination.

Cancellation Due to a Force Majeure Event. If Supplier is entirely prevented from performing its obligations hereunder for a period of one-hundred eighty (180) consecutive days as a result of the occurrence of a Force Majeure Event suffered by Supplier, then Supplier may cancel, without additional liability, any then remaining unperformed portion of this Agreement, upon not less than thirty (30) Business Days’ prior written notice to the Purchaser; , provided, however, that nothing in this Section 14.5 shall relieve or excuse Supplier from its obligations under Article 7 of this Agreement in respect of the occurrence of a Force Majeure Event or relieve either Party from any payment obligation that has accrued as of the date of cancellation or prior thereto; provided further, however, that any payment obligations of Purchaser shall be reduced by the amount of funds received by Supplier, if any, in connection with the resale of any Turbines or Turbine components sold that are applicable to such payment obligations of Purchaser, and, if following such reduction, Purchaser is owed a refund of some portion of the Purchase Price from Supplier, Supplier shall refund to Purchaser the applicable amount of Purchase Price previously paid to Supplier within thirty (30) days of such termination.