Common use of Delay from Force Majeure Event Clause in Contracts

Delay from Force Majeure Event. So long as the conditions set forth in this Section 14.03 are satisfied and subject to Section 14.07, neither Party shall be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in complying with its obligations under or pursuant to this Agreement to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof, and in such event: (a) except as otherwise provided herein, the performance by the Party claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action, including achievement of any of Contractor’s guaranteed dates hereunder, during or by a specific date or period of time, such start date or period for completion shall be extended, on the condition that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Force Majeure Event; (ii) the Party claiming the Force Majeure Event complies with Section 14.02; and (iii) the Party claiming the Force Majeure Event continually uses commercially reasonable efforts to alleviate and mitigate the cause and effect of the Force Majeure Event and remedy its inability to perform; (b) except as otherwise provided herein, the performance by the Party not claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action during a specific period of time, such start date or period for completion shall be extended; provided that such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by any suspension of performance or extension of time pursuant to the preceding clause (a) or other effects of the Force Majeure Event; and (c) in the event Contractor desires to claim a Force Majeure Event, it must submit a request for Changes pursuant to Section 7.02(b), and for the first sixty (60) calendar days of a Force Majeure event, Contractor shall only be entitled to suspension of performance or extension of time (including an extension of any Guaranteed Interim Completion Date and/ or Guaranteed Substantial Completion Date) with respect thereto in accordance with the principles of Section 14.03 and 7.02(b).

Delay from Force Majeure Event. So long as the conditions set forth in this Section 14.03 14.3 are satisfied satisfied, and subject to Section 14.0714.7, neither Party shall be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in complying with its obligations under or pursuant to this Agreement the Contract Documents to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof, and in such event: (a) except as otherwise provided herein, the performance by the Party claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action, including achievement of any of Contractor’s guaranteed dates hereunder, action during or by a specific date or period of time, such start date or period for completion shall be extended, on the condition that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Force Majeure Event; (ii) the Party claiming the Force Majeure Event complies with Section 14.0214.2; and (iii) the Party claiming the Force Majeure Event continually uses commercially reasonable efforts to alleviate and mitigate the cause and effect of the Force Majeure Event and remedy its inability to perform; (b) except as otherwise provided herein, the performance by the Party not claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action during a specific period of time, such start date or period for completion shall be extended; provided that such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by any suspension of performance or extension of time pursuant to the preceding clause (a) or other effects of the Force Majeure Event; and (cb) in the event Contractor desires to claim a Force Majeure Event, it must submit a request for Changes pursuant to Section 7.02(b)6.2, and for the first sixty (60) calendar days of a Force Majeure event, Contractor shall only be entitled to suspension of performance or extension of time (including an extension of any Guaranteed Interim Completion Date and/ or Guaranteed Substantial the Mechanical Completion Date) and an increase in the Separated Contract Price (if otherwise allowed pursuant to Section 6.1(b)) with respect thereto to the extent agreed upon by both Parties pursuant to a Change Order in accordance with the principles of this Section 14.03 14.3 and 7.02(b6.1(b).

Delay from Force Majeure Event. 14.3.1 So long as the conditions set forth in this Section 14.03 14.3 are satisfied satisfied, and subject to Section 14.0714.7, Performance Not Excused, neither Party shall be responsible or liable for for, or deemed in breach of this Agreement because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement the Contract Documents to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof, and in such event: (a) except Except as otherwise provided herein, the performance by the Party claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action, including achievement of any of Contractor’s guaranteed dates hereunder, during or by a specific date or period of time, such start date or period for completion shall be extended, on the condition that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Force Majeure Event; (ii) the Party claiming the Force Majeure Event complies with Section 14.02; and (iii) the Party claiming the Force Majeure Event continually uses commercially reasonable efforts to alleviate and mitigate the cause and effect of the Force Majeure Event and remedy its inability to perform; (b) except as otherwise provided herein, the performance by the Party not claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action during a specific period of time, such start date or period for completion shall be extended; provided that such , on the condition that: (i) Such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by any suspension of performance or extension of time pursuant to the preceding clause (a) or other effects of the Force Majeure Event; (ii) The Party claiming the Force Majeure Event complies with Section 14.2, Notice of Force Majeure Event; and (ciii) in The Party claiming the Force Majeure Event continually uses commercially reasonable efforts to alleviate and mitigate the cause and effect of the Force Majeure Event and remedy its inability to perform; and (b) In the event Contractor desires to claim a Force Majeure Event, it must submit a request for Changes pursuant to Section 7.02(b)6.2, and Change Orders Requested by Contractor, of Article VI, CHANGE ORDERS. 14.3.2 Solely with respect to a Force Majeure Event described in Section 14.1.3, if such Force Majeure Event continues for the first sixty (60) calendar consecutive days from the commencement of acceptance testing, then, solely for purposes of Section 11.2, FPL shall deem Contractor to have satisfied the Minimum Performance Level and Schedule Liquidated Damages shall not be payable. In such event, Contractor shall not be deemed to have achieved Provisional Acceptance until solar conditions exist that meet the express criteria set forth in in Section 2 of Appendix HH – Acceptance Testing and the Minimum Performance Level is achieved in accordance with Section 11.6. 14.3.3 Contractor’s failure to comply with this Section 14.3, shall constitute a waiver of any claims as a result of a Force Majeure event, Contractor shall only be entitled to suspension of performance or extension of time (including an extension of any Guaranteed Interim Completion Date and/ or Guaranteed Substantial Completion Date) with respect thereto in accordance with the principles of Section 14.03 and 7.02(b)Event.

Delay from Force Majeure Event. So long as the conditions set forth in this Section 14.03 are satisfied and subject to Section 14.07, neither Party shall be responsible or liable for or deemed in breach of this Agreement because of any failure or delay in complying with its obligations under or pursuant to this Agreement to the extent that such failure has been caused, or contributed to, by one or more Force Majeure Events or its effects or by any combination thereof, and in such event: (a) except as otherwise provided herein, the performance by the Party claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action, including achievement of any of Contractor’s guaranteed dates hereunder, action during or by a specific date or period of time, such start date or period for completion shall be extended, on the condition that: (i) such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by the effects of the Force Majeure Event; (ii) the Party claiming the Force Majeure Event complies with Section 14.02; and (iii) the Party claiming the Force Majeure Event continually uses commercially reasonable efforts to alleviate and mitigate the cause and effect of the Force Majeure Event and remedy its inability to perform; (b) except as otherwise provided herein, the performance by the Party not claiming the Force Majeure Event of its obligations hereunder shall be suspended, and in the event that such Party is required to start or complete an action during a specific period of time, such start date or period for completion shall be extended; provided that such suspension of performance and extension of time shall be of no greater scope and of no longer duration than is required by any suspension of performance or extension of time pursuant to the preceding clause (a) or other effects of the Force Majeure Event; and (c) in the event Contractor desires to claim a Force Majeure Event, it must submit a request for Changes pursuant to Section 7.02(b6.02(b), and for the first sixty (60) calendar days of a Force Majeure event, Contractor shall only be entitled to suspension of performance or extension of time (including an extension of any Guaranteed Interim Completion Date and/ or Guaranteed Substantial Completion Commercial Operation Date) with respect thereto to the extent agreed upon by both Parties pursuant to a Change Order in accordance with the principles of Section 14.03 and 7.02(b6.02(b). Notwithstanding the above, if and in the event a particular Force Majeure Event extends for a period of time exceeding thirty (30) days, the Contractor shall be entitled to a Change Order compensating Contractor for demonstrated reasonable extended job site overhead costs, including but not limited to, idle equipment costs, incurred by reason of such delay.