Contractor Force Majeure. If, in a given month, one or more facilities supplying the Solar Facility fails to produce output, or its production is reduced, due to a Force Majeure Event as provided in the PPA (“Contractor Force Majeure Event”), PNM will notify Customer of such Contractor Force Majeure Event within a commercially reasonable period of time. In the case of reduced production, PNM will subsequently reduce Customer’s credits, Renewable Energy Subscription, PNM Solar DirectSM Rider Charge, and RECs for its share of the Solar Facility production on a pro-rata basis with all other participating customers for the duration of the Contractor Force Majeure Event. Except as set forth in Sections 7.a and 7.b of this Agreement, Customer’s credit and PNM Solar DirectSM Rider Charge will not be subject to reduction. In no event will any delay or failure of performance caused by a Contractor Force Majeure Event extend this Agreement beyond its stated Term. If any delay or failure of performance caused by a Contractor Force Majeure Event continues for an uninterrupted period of one hundred eighty (180) days from its inception and the PPA is terminated, this Agreement will automatically terminate, without further obligation by either Party except as to costs and balances incurred prior to the effective date of such termination.
Contractor Force Majeure. 1. A delay in the completion of the Work that arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor or any subcontractor, and which could not have been prevented through the exercise of reasonable care, including but not restricted to, acts of God, acts of the public enemy, acts of terrorism, acts of federal, state or local government in its sovereign capacity, fires, floods, epidemics, quarantines, restrictions, strikes, freight embargoes, unusually severe weather (excluding delays caused by above-average but not excessive rainfall) as described in B below, or delays of Owner as described in Section C below, shall be considered an excused delay provided that all notices are given as required by the Contract Documents. The failure of the Contractor or any subcontractor to order supplies, materials or equipment when shortages are known or expected, in time to perform the Work in accordance with the Contract Documents, is not an excused delay.
