Common use of Effect of Force Majeure Event Clause in Contracts

Effect of Force Majeure Event. (a) If a Force Majeure Event prevents a Party from performing, in whole or in part, its obligations under this Agreement, such Party’s obligations, other than obligations to pay money (unless the means of transferring funds is affected), shall be suspended and such Party shall have no liability with respect to such obligations; provided, that the suspension of the Party’s obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event. (b) If a Force Majeure Event (other than a flood, storm or drought affecting a hydroelectric Unit) reduces the Availability of a Unit, the Availability shall be determined as if the Unit were available up to the Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, whichever occurs first. If a flood or storm Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, and as if the Unit were available up to one-half of such Unit Availability Limit from the 120th day through the earlier of the 240th day or the date on which the Unit’s Availability is restored. If a drought Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event until the Unit’s Availability is restored following the end of the drought Force Majeure Event.

Effect of Force Majeure Event. (a) If a Force Majeure Event prevents a shall occur, the affected Party from performingshall not be considered in default in the performance of any of the obligations contained in the Contract Documents, in whole except for obligations to pay money. If either Party is rendered wholly or in part, partially unable to perform its obligations under this Agreementthe Contract Documents because of a Force Majeure Event, such Party’s obligations, other than obligations Party will be excused from performance affected by the Force Majeure Event to pay money (unless the means extent and for the period of transferring funds is affected), time so affected and the Contract Price and/or the Work Schedule shall be suspended and adjusted in accordance with Article 14 to compensate Vendor for the effects of any Force Majeure Event on the performance of the Scope of Work. If a Force Majeure Event occurs: (a) the nonperforming Party shall provide to the other Party, as soon as reasonably practicable following the occurrence of such Force Majeure Event but not later than ten (10) Days after the date such Party shall have no liability with respect to knew of the occurrence of such obligations; providedForce Majeure Event, that a notice describing in such detail as is then available such Force Majeure Event, the expected duration of such event, and the estimated cost impact of such event; (b) the suspension of the Party’s obligations is performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event.; and (bc) If a when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that party shall give the other Party written notice to that effect. Notwithstanding the occurrence of any Force Majeure Event (other than a flood, storm or drought affecting a hydroelectric Unit) reduces the Availability of a UnitEvent, the Availability affected Party shall use all reasonable efforts to perform its obligations affected thereby under this Agreement at the earliest possible time and the affected Party shall not be determined as if excused from those obligations not affected by the Unit were available up to the Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, whichever occurs first. If a flood or storm Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, and as if the Unit were available up to one-half of such Unit Availability Limit from the 120th day through the earlier of the 240th day or the date on which the Unit’s Availability is restored. If a drought Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event until the Unit’s Availability is restored following the end of the drought Force Majeure Event.

Effect of Force Majeure Event. (a) If a Force Majeure Event prevents a Neither Party from performingshall be considered in default in the performance of any of the obligations contained in the Contract Documents, in whole except for the Owners or in part, its obligations under this Agreement, such Partythe Design-Builder’s obligations, other than obligations to pay money (unless the means including but not limited to, Progress Payments and payments of transferring funds is affected), shall be suspended liquidated damages which become due and such Party shall have no liability payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such obligationsParty will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; providedprovided that: (a) the nonperforming Party, that within forty-eight (48) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of the Party’s obligations performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event.; (bc) If the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a Force Majeure Event result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest practical time after cessation of such occurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other than a flood, storm or drought affecting a hydroelectric UnitParty written notice to that effect; and (f) reduces the Availability of a Unit, the Availability Design-Builder shall be determined as if the Unit were available up entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the Unit Availability Limit in effect prior to extent the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, whichever occurs first. If a flood or storm Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, and as if the Unit were available up to one-half occurrence of such Unit Availability Limit from the 120th day through the earlier event delayed Design-Builder’s performance of the 240th day or the date on which the Unit’s Availability is restored. If a drought Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event until the Unit’s Availability is restored following the end of the drought Force Majeure Eventobligations under this Agreement.

Effect of Force Majeure Event. (a) If a Force Majeure Event prevents a Neither Party from performingshall be considered in default in the performance of any of the obligations contained in the Contract Documents, in whole except for the Owners or in part, its obligations under this Agreement, such Partythe Design-Builder’s obligations, other than obligations to pay money (unless the means including but not limited to, Progress Payments and payments of transferring funds is affected), shall be suspended liquidated damages which become due and such Party shall have no liability payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such obligationsParty will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; providedprovided that: (a) the nonperforming Party, that within forty-eight (48) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of the Party’s obligations performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event.; (bc) If the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a Force Majeure Event result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest practical time after cessation of such occurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other than a flood, storm or drought affecting a hydroelectric UnitParty written notice to that effect; and (f) reduces the Availability of a Unit, the Availability Design-Builder shall be determined as if the Unit were available up entitled to a Day for Day time extension for those events set forth in Section 12.1 to the Unit Availability Limit in effect prior to extent the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, whichever occurs first. If a flood or storm Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event through the earlier of the 120th day following the Force Majeure Event or until the Unit’s Availability is restored, and as if the Unit were available up to one-half occurrence of such Unit Availability Limit from the 120th day through the earlier event delayed Design-Builder’s performance of the 240th day or the date on which the Unit’s Availability is restored. If a drought Force Majeure Event reduces the Availability of a hydroelectric Unit, the Availability shall be determined as if the Unit were available up to its Unit Availability Limit in effect prior to the Force Majeure Event until the Unit’s Availability is restored following the end of the drought Force Majeure Eventobligations under this Agreement.