Catastrophic Force Majeure Sample Clauses

Catastrophic Force Majeure. “Catastrophic Force Majeure” shall not include any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, or Curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, unless as a consequence of any such action, event, or combination of events, either
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Catastrophic Force Majeure. Performance of any obligation arising under this Agreement, owed by a Member to either PJM or to another Member (either directly or indirectly), shall not be excused or suspended by reason of an event of force majeure unless such event constitutes an event of Catastrophic Force Majeure. An event of Catastrophic Force Majeure shall excuse a Member from performing obligations arising under this Agreement during the period such Member's performance is prevented by any event of Catastrophic Force Majeure, provided such event was not caused by such Member's fault or negligence. An event of Catastrophic Force Majeure may suspend but shall not excuse any payment obligation owed by a Member. Any excuse or exception to a performance obligation expressly provided for by specific terms of this Agreement, the PJM Tariff, or the Reliability Assurance Agreement shall apply according to their terms and remain in full force and effect without regard to this provision. Unless expressly referenced in any section of this Agreement, the PJM Tariff, or the Reliability Assurance Agreement, this provision shall not apply, and not supersede, other force majeure provisions that are expressly applicable to specific obligations arising under any sections of those documents. This provision shall apply in its entirety to all rules, rights and obligations specified in Tariff, Attachment K-Appendix of the PJM Tariff, Tariff, Attachment DD of the PJM Tariff, Operating Agreement, Schedule 1 of the Operating Agreement, and the Reliability Assurance Agreement. Other than this provision, no other force majeure provisions in this Agreement, the PJM Tariff, or the Reliability Assurance Agreement shall apply in any manner to Tariff, Attachment K-Appendix of the PJM Tariff, Tariff, Attachment DD of the PJM Tariff, Operating Agreement, Schedule 1 of the Operating Agreement, and the Reliability Assurance Agreement.
Sample 1

Related to Catastrophic Force Majeure

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event.

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