Consequences of a Force Majeure Event. Notwithstanding any other provisions of this Agreement, to the extent the Affected Party hereto is unable to perform any of its obligations under this Agreement due to a Force Majeure Event then the Affected Party shall be relieved from liability in respect of such obligations and shall be entitled to suspend performance of such obligations in accordance with and subject to Clause 17.3 (Consequences of a Force Majeure Event). If it is agreed or determined that a Force Majeure Event has occurred, the Affected Party shall, provided that it has complied with the requirements of Clause 17.2 (Procedure), not be liable for any failure to perform an obligation under this Agreement as a consequence of such Force Majeure Event, to the extent only that: such performance is prevented, hindered or delayed by the Force Majeure Event; and such failure could not have been mitigated by the Affected Party acting in accordance with Prudent Industry Practice. Any time period specified in this Agreement for the performance of any obligation, including but not limited to the Long Stop Date, the Target Commercial Operation Date and the Commercial Operation Date, shall be extended on a day-for-day basis for each day that the relevant Force Majeure Event prevents, hinders or delays the Affected Party from performing that obligation within the time period, and the Term shall be extended in accordance with Clause 3.2 (Make-up Term).
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
