Consequences of Force Majeure. Subject to clauses 24.4, 24.5 and 24.6, if by reason of a Force Majeure Event a Party (Affected Party) is affected in the performance of any obligation or clause under this Agreement:
(a) that Party will be excused during the time, and to the extent that, such performance is so affected; and
(b) that Party will not, to that extent, be liable to the other Party for any Damage of any kind arising out of, or in any way connected with, that non-performance.
Consequences of Force Majeure. If the Affected Party has taken all necessary steps towards mitigating the effect of a Force Majeure event, then:
i. The obligations of the Affected Party shall be suspended to the extent that they are affected by the Force Majeure event so long as the Force Majeure event continues.
ii. To the extent the performance of the obligations of the Affected Party is affected by the Force Majeure event, the time period for the performance of the obligations of the Affected Party shall be extended by a similar time period on a day for day basis.
Consequences of Force Majeure. (i) Provided the Affected Party has complied and continues to comply with the obligations of this Clause 15, and subject to the further provisions of this Agreement, the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure.
(ii) The Term of this Agreement shall not be extended due to an event of Force Majeure.
Consequences of Force Majeure. 11.3.1 Neither Party shall be deemed in breach of this Agreement because of any failure or delay in complying with its obligations pursuant to this Agreement due solely to Force Majeure. The periods allowed for performance by the Parties of their obligations (other than that specified in Paragraph 10.4 (Notice and Cure) shall be extended on a day-for-day basis, provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 to the extent that such failure or delay would have occurred even had such Force Majeure not occurred, and (2) the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, if Force Majeure delays a Party's performance for a period greater than fifteen (15) months. Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Paragraph 12, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure as a result of a Force Majeure.
11.3.2 During the pendency of an event of Force Majeure Developer shall not be entitled to receive Energy Payment from Utility except for energy already received by Utility prior to the Event. If Force Majeure affects only part of the Project, then Developer shall be entitled to receive Energy Payment for electrical energy actually delivered to Utility.
Consequences of Force Majeure. If the affected party is affected by a Force Majeure for a continuous period of 3 months (or for periods which, when aggregated over any period of 6 months totals 3 months) then the other party shall be entitled to terminate by notice in writing to the affected party. In this event, the termination shall take effect 7 days after the notice is given, and the Contractor shall proceed in accordance with sub-clause 16.2 [Cessation of Work and Removal of Contractor's Equipment] and shall be paid in accordance with sub-clause 19.6 [Optional Termination, Payment and Release]. All dates or times for performance of any obligations shall to the extent that the performance obligations concerned are affected by Force Majeure be extended by a period equal to the period for which such Force Majeure exists. For the avoidance of doubt the occurrence of an event of Force Majeure shall be excused from the performance of its obligations for as long as the event of Force Majeure subsists, but shall not under any circumstances be entitled to any costs or increase in the Contract Price.
Consequences of Force Majeure a. If an event of Force Majeure occurs, the contractual obligation of a Party affected by such an event shall be suspended during the period of delay and the time for performing such obligation shall be extended, without penalty, for a period equal to such suspension.
b. The Party claiming Force Majeure shall give prompt notice to the other Party in writing and shall furnish, within fifteen (15) days thereafter, sufficient proof of the occurrence and expected duration of such Force Majeure. The Party claiming Force Majeure shall also use all reasonable efforts to mitigate or eliminate the effects of the Force Majeure.
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 minimize the consequences of such Force Majeure.
Consequences of Force Majeure. 12.3.1 If a Party is affected by Force Majeure and the event is recognized as Force Majeure either by the other Party or by the application of Clause 6.2 or 6.3 of the LSA, the Parties shall not be relieved, by reason of Force Majeure, from any obligation to indemnify the other Party, to make any payment that is due and payable or to serve any notice unless expressly specified otherwise in this GC 12.3.
12.3.2 If Terminal Operator has suffered a single Force Majeure Event that results in Terminal Operator not being able to provide any part of the LNG Services, Shipper shall continue to pay the part of the Capacity Charge relating to the LNG Services which is still being provided by Terminal Operator. In relation to any part of the LNG Services that is not made available as a result of a single Force Majeure Event suffered by Terminal Operator, Shipper shall pay fifty (50) per cent of the applicable Capacity Charges for such LNG Services that Terminal Operator is not providing as a result of the Force Majeure Event for the period of three (3) weeks commencing on the date such Force Majeure Event occurs. During any Contract Year, Xxxxxxx’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of three (3) weeks of such payments. After the said term of three (3) Weeks, Shipper shall make no further payments to Terminal Operator in relation to LNG Services which Terminal Operator is not providing as a result of the Force Majeure Event, until the Force Majeure Event is ended and Terminal Operator resumes provision of all LNG Services pursuant to this LSA. Over the entire Service Term, commencing from the Service Start Date, Xxxxxxx’s obligation to pay fifty (50) per cent of the Capacity Charges shall be limited to a total of fifteen (15) weeks of such payments. If during any Contract Year a Force Majeure Event occurs during which, subject to the limitations set forth in the preceding sentences, Shipper would pay Terminal Operator fifty (50) per cent of the Capacity Charges, Shipper shall thereafter have no further obligation to make any payments to Terminal Operator in relation to such Force Majeure Event.
12.3.3 In the event performance by Terminal Operator under this LSA is substantially or totally impaired by a Force Majeure Event which is estimated to last for a period of more than twenty-four (24) consecutive Months pursuant to GC 12.2.1, Terminal Operator shall give notice hereof to Shipper within ninety (90) Days as fr...
Consequences of Force Majeure. If the Affected Party has taken all necessary steps towards mitigating the effect of a Force Majeure event, then:
12.4.1 The obligations of the Affected Party shall be suspended to the extent that they are affected by the Force Majeure event so long as the Force Majeure event continues.
12.4.2 To the extent the performance of the obligations of the Affected Party is affected by the Force Majeure event, the time period for the performance of the obligations of the Affected Party shall be extended by a similar time period on a day for day basis.
12.4.3 Notwithstanding any other provision of this Article 12, a Force Majeure event shall not absolve the Lessee and NRDA from any obligation to make payments in respect of its obligations under this Agreement in the event such payment obligations have arisen prior to the occurrence of the Force Majeure event.
Consequences of Force Majeure. Subject to the provisions of Clauses 11.2 and 11.3, neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due substantially to one or more events of Force Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of such obligation(s) (other than that specified in Clause 12.3) shall be extended on a day-for-day basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; provided that no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 11.1 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation if Force Majeure delays a Party’s performance for a period greater than eighteen (18) consecutive Months. Where the Party claiming the Force Majeure is actively engaged in implementing repairs which are required to overcome the effects of the Force Majeure and which cannot be and could not have been reasonably completed before the end of the eighteen (18) Month period mentioned in the preceding sentence of this Clause, then that Party may request the consent of the other Party for the said period of eighteen (18) consecutive Months to be extended for a further six (6) Months (any such request to be supported by reasonable evidence as to the details of the repairs, the time required to carry them out and the efforts made towards doing so). Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Clause 10, the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 11 shall be of no greater scope and of no longer duration than is required to overcome the effects of the Force Majeure. The relief provided under this section shall only apply to the extent and for the period that the party seeking relief a...
Consequences of Force Majeure. 15.5.1 Except as expressly provided in this Contract, no Party shall be in breach of its obligations pursuant to this Contract or otherwise liable to the other Party for any hindrance or delay in performance or non- performance of any such obligations if and to the extent that such hindrance, delay or non-performance is due to a Force Majeure Event.
15.5.2 If the Contractor is prevented from performing any of its obligations under the Contract by Force Majeure of which notice has been given under Clause 15.4 (Notification of Force Majeure) and Completion of the Works is or will be delayed as a result, the Contractor shall be entitled to an extension of time (but not reimbursement of any associated Cost) for any such delay under Clause 11.3.
