Consequence of Force Majeure. Failure to perform part or all of the obligations under the Agreement due to force majeure shall not be deemed to be breach of the Agreement. But the party shall take all necessary measures to minimize the loss due to force majeure.
Consequence of Force Majeure. A party's performance of its obligations hereunder, except obligations to make payments of money already due to the other party hereunder prior to the occurrence of the Force Majeure event, shall be excused to the extent prevented, interrupted, hindered or delayed by a Force Majeure event. In case of reduction of Seller's output and consequent inability to deliver or reduction of Keystone's ability to accept delivery of, or to consume coal, resulting from an event of Force Majeure, Seller and Keystone shall endeavor, upon request of the other, to continue the delivery and acceptance, respectively, of substantially the same proportion of their respective production and consumption as so reduced. Deficiencies in the quantity of coal delivered hereunder due to a Force Majeure event shall not be made up except by mutual agreement of Keystone and Seller. The party claiming excuse because of a Force Majeure event shall give notice by telephone to the other party immediately upon becoming aware of such event, with such notice confirmed in writing as soon as practicable thereafter under the circumstances. Such notice to the other party shall describe the circumstances of the event or cause giving rise to the claim of Force Majeure and the anticipated duration thereof. During the existence of any Force Majeure event preventing delivery of coal by Seller, Keystone shall have the right to purchase and utilize replacement coal from other suppliers in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event. Keystone, at its sole discretion, shall give Seller the opportunity to bid on the supply of such replacement coal and, within fifteen days, to match the terms offered by such other suppliers. During the existence of any Force Majeure event preventing utilization of coal by Keystone, Seller shall have the right to sell coal dedicated to Keystone to third parties in a quantity which bears a commercially reasonable relation to the quantity which would have been delivered to Keystone but for such Force Majeure event.
Consequence of Force Majeure. Any failure on the part of either Party, or of the Joint Venture, to fulfil any obligation proposed under this Contract including any Program and Budget shall be excused if and to the extent that such failure arises from Force Majeure and, if through Force Majeure the fulfillment by such Party or the Joint Venture of any of the obligations under this Contract be delayed, the period of such delay, together with such period as may be necessary for the restoration of any damage done during such delays and for the resumption of Operations, shall be added to the time given in this Contract for the performance of such obligation and for the performance of any obligation dependent thereon and to the term of this Contract.
Consequence of Force Majeure. (a) An event or circumstance of Force Majeure does not relieve either Party from its obligations to make payments of amounts then due in respect of Gas previously delivered.
(b) An event or circumstance of Force Majeure affecting User does not suspend or reduce User's obligation to pay any moneys that would be payable under this Agreement.
Consequence of Force Majeure. A Party shall not be deemed to be in breach of this Agreement if it fails to perform any or all part of its obligations hereunder due to the occurrence of a Force Majeure event, however, it should take all necessary remedy measures to reduce the losses caused by such Force Majeure event, if possible.
Consequence of Force Majeure. (a) If an event of Force Majeure occurs, the performance of the material obligations under this Agreement of the Party or Parties affected by such Force Majeure event shall, to the extent and for the duration that they are affected by such Force Majeure event, be suspended and shall automatically be extended, without penalty or liability, for a period equal to such suspension.
(b) The Party claiming Force Majeure shall promptly give notice to the other Parties by appropriate means, and shall furnish reasonably substantial proof of the occurrence and duration of the adverse consequences of such Force Majeure. The Party claiming Force Majeure shall also use all reasonable efforts to mitigate or terminate the effects of Force Majeure on its obligations hereunder.
(c) If an event of Force Majeure occurs, the Parties shall immediately consult with each other in order to find an equitable solution and shall use all reasonable efforts to minimise the consequences of such event of Force Majeure.
Consequence of Force Majeure. If an event of Force Majeure continues for a period of forty-five (45) days in the aggregate that materially affects the ability of Developer to perform the Work, and as a result thereof there is a corresponding delay in the schedule for performance of the Work and the Guaranteed Substantial Completion Date of at least forty-five (45) days, then, notwithstanding that Developer may by reason thereof have been granted an extension of the schedule for performance of the Work and the Guaranteed Substantial Completion Date, by Change Order, PacifiCorp shall be entitled to terminate this Agreement upon thirty (30) days advance written notice to Developer. If at the expiration of such thirty (30)-day period such Force Majeure shall still continue, this Agreement shall automatically terminate without any further action on the part of either Party and the provisions of Section 30.3(a) shall apply. Risk of Loss. Prior to termination of this Agreement, nothing in this article 28 shall change the allocation to Developer of the risk of loss or damage prior to the Substantial Completion Date, and any Change Order resulting from a Force Majeure shall take into account such allocation of the risk of loss or damage. DEFAULT Developer Default. Developer shall be in default (a “Developer Default”) hereunder if: Developer fails to pay PacifiCorp any undisputed amount due PacifiCorp under this Agreement, and such failure continues for fifteen (15) Business Days after Developer receives notice thereof from PacifiCorp; Developer fails to deliver and maintain Credit Support as required by article 6, and such failure continues for five (5) days after Developer receives notice thereof from PacifiCorp; Developer fails to achieve the Substantial Completion Date by the Guaranteed Substantial Completion Date; Developer makes a false or unsubstantiated claim of Force Majeure; A Project Party: (i) fails to comply with the approved Developer Safety Assurance Program set forth in Appendix T, and such failure continues for fifteen (15) Business Days after Developer receives notice thereof from PacifiCorp; or (ii) assigns a Project Document to which it is a party or all or a portion of its rights and obligations thereunder other than as permitted both hereunder and thereunder; Developer fails in any material respect to comply with any of its other material obligations under this Agreement (not otherwise described in this Section 29.1); provided, however, that if such failure can be cured or ...
Consequence of Force Majeure. 47 12.3 Events Beyond Control of a Party ............................ 47 12.4
Consequence of Force Majeure. A Party's failure or inability to perform any of its obligations hereunder, except obligations to make payments of money due to the other Party hereunder, shall be excused to the extent caused by Force Majeure. Deficiencies in the quantity of coal delivered hereunder due to Force Majeure shall not be made up except by mutual consent of the Parties. The Party claiming excuse because of Force Majeure shall give notice by telephone to the other Party immediately upon becoming aware of such Force Majeure, with such notice being confirmed in writing as soon as practicable under the circumstances. Such notice to the other Party shall describe the circumstances of the event or cause giving rise to the claim of Force Majeure and the anticipated duration thereof. During the existence of any Force Majeure preventing delivery of coal by Seller, ICL shall have the right to purchase and utilize replacement coal from other suppliers to the extent of such nondelivery. During the existence of any Force Majeure preventing utilization of coal by ICL, Seller shall have the right to sell coal dedicated to ICL to third parties in the quantity which would have been delivered to ICL but for such Force Majeure.
Consequence of Force Majeure. During any period in which Buyer suffers an event of Force Majeure, Buyer shall allocate coal used at Millxxxx Xxxtion among all of the buyers contract suppliers, in a fair and reasonable manner. If Millxxxx Xxxtion is totally or partly inoperable, then Buyer will use commercially reasonable best efforts to utilize Seller's coal at Buyer's operating generating facilities in order to fulfill its contractual commitment to Seller. Any allocation made by a party hereunder shall be made subject to reasonable audit by the other. A party's performance of its obligations hereunder, except obligations to pay money to the other party, shall be excused to the extent prevented by a force majeure event. Deficiencies in the quantity of Coal delivered hereunder due to a force majeure event shall not be made up except by mutual consent of Buyer and Seller. Unless the other party is on actual notice, the party claiming excuse because of a force majeure event shall send written notice to the other party as soon as practicable after learning of the existence of such event, but the right to claim force majeure shall not be conditional upon the giving of such notice. If there is no
