Common use of Effect of Force Majeure Event Clause in Contracts

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s 's obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within forty-eight (48) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party 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 party's obligations hereunder 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party 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 result of such occurrence; (d) the nonperforming Party 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 party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the Green Plains Renewable Energy, Inc. January 13, 2006 extent the occurrence of such event delayed Design-Builder’s 's performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners Owner’s or the Design-Builder’s Xxxxx’x obligations to pay money (including but not limited to, Progress Payments which become due and payable with respect to the period prior to the occurrence Summary of the Force Majeure EventPayments), 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within forty-eight seventy two (4872) 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 if known, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 possible time after cessation of such occurrence or until such time that performance is practicableoccurrence; (e) 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; and (f) Design-Builder Xxxxx shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s Xxxxx’x performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure One Earth Energy, LLC May 17, 2007 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;; Cardinal Ethanol, LLC December 14, 2006 (c) 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 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 Party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither If a Party shall be considered is prevented from performing, in default whole or in the performance of part, any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s its obligations to pay money deliver or receive Coal at the Delivery Point under a Transaction due to causes that are beyond the reasonable control and without the fault or negligence of the Party affected thereby (including but not limited tosuch causes being referred to herein as "Force Majeure"), Progress Payments which become due and payable with respect such Party gives oral notice and full details of the Force Majeure to the period prior to other Party as soon as reasonably practicable after the occurrence of the Force Majeure Event(such notice to be confirmed in writing), when and then during the period for which such Party’s performance is prevented by such Force Majeure but for no longer period, the obligations of the Parties under such affected Transaction (other than obligations to make payments whether then due or due thereafter) shall be excused to the extent the failure of performance shall be caused by a Force Majeure Eventis so prevented. If either The Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within forty-eight (48) hours after the nonperforming Party actually becomes aware of the occurrence and impact of shall remedy the Force Majeure Event, gives with all reasonable dispatch and will keep the other Party written notice describing advised of its efforts to remedy the Force Majeure; provided however, that this provision shall not require Seller to deliver, or Buyer to receive, the Coal at points other than the Delivery Point (including allowable substitutions under the Transaction pursuant to Article 3.5). For the avoidance of doubt, transportation delays and the loss or failure of Seller’s supply shall not be considered Force Majeure events unless such delay, loss or failure affects coal deliveries to all Persons at all locations comprising the Delivery Point. A change in market conditions (including the ability of Seller to sell Coal at a higher price or Buyer or Buyer’s Customer to buy Coal at a lower price) and Buyer’s inability to economically use or resell the Coal, whether or not foreseeable shall not be considered Force Majeure events. In the event or circumstance in detailof a Force Majeure, including an estimation of its expected duration and probable impact on the performance delivery of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation quantity of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Design-Builder Coal shall be entitled to a Day-for-Day time extension for those events made up only as set forth in Section 12.1 to on the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this AgreementCover Sheet.

Effect of Force Majeure Event. Neither If a Party shall be considered is prevented from performing, in default whole or in the performance of part, any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s its obligations to pay money deliver or receive Coal at the Delivery Point under a Transaction due to causes that are beyond the reasonable control and without the fault or negligence of the Party affected thereby (including but not limited tosuch causes being referred to herein as "Force Majeure"), Progress Payments which become due and payable with respect such Party gives oral notice and full details of the Force Majeure to the period prior to other Party as soon as reasonably practicable after the occurrence of the Force Majeure Event(such notice to be confirmed in writing), when and then during the period for which such Party’s performance is prevented by such Force Majeure but for no longer period, the obligations of the Parties under such affected Transaction (other than obligations to make payments whether then due or due thereafter) shall be excused to the extent the failure of performance shall be caused by a Force Majeure Eventis so prevented. If either The Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within forty-eight (48) hours after the nonperforming Party actually becomes aware of the occurrence and impact of shall remedy the Force Majeure Event, gives with all reasonable dispatch and will keep the other Party written notice describing the event or circumstance in detail, including an estimation advised as to of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues efforts to furnish timely regular reports with respect thereto during the continuation of and upon the termination of remedy the Force Majeure Event; Majeure; provided however, that this provision shall not require Seller to deliver, or Buyer to receive, the Coal at points other than the Delivery Point (b) including allowable substitutions under the suspension Transaction pursuant to Article 3.5). For the avoidance of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrencedoubt, a transportation delay shall not be excused as considered a result Force Majeure event unless such delay affects coal deliveries to all Persons at all locations comprising the Delivery Point. A change in market conditions (including the ability of such occurrence; (d) the nonperforming Party uses its best efforts Seller to remedy its sell Coal at a higher price or Buyer or Buyer’s customer to buy Coal at a lower price), Buyer’s inability to perform economically use or resell the Coal, and mitigate the effect loss or failure of such event and resumes its performance at the earliest practical time after cessation of such occurrence Seller’s supply, whether 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 not foreseeable shall give the other Party written notice to that effect; and (f) Design-Builder shall not be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreementconsidered Force Majeure events.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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;; [Name of Project Company] , 2006 (e) 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; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within forty-eight (48) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party 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 Partyparty’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event;; ADVANCED BIOENERGY, LLC March 16, 2006 (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party 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 result of such occurrence; (d) the nonperforming Party 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 party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event;; Siouxland Ethanol, LLC 20 Xxxxxxx 0, 0000 (bx) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Upon mutual agreement of the Parties, Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within forty-eight (48) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party 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 Partyparty’s obligations hereunder 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party 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 result of such occurrence; (d) the nonperforming Party 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 party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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;; First United Ethanol, LLC November 16, 2006 (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments which become due and 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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;; Platte Valley Fuel Ethanol, LLC April 24, 2006 (e) 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; and (f) Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments and payments of liquidated damages which become due and payable with respect to E ENERGY AXXXX, LLC August 1, 2006 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 Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) 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 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 Party written notice to that effect; and (f) Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owners or the Design-Builder’s obligations to pay money (including but not limited to, Progress Payments which become due and 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 party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within forty-eight (48) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party 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 Partyparty’s obligations hereunder 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 performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party 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 result of such occurrence; (d) the nonperforming Party 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 party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; andand Val-E Ethanol, LLC Fxxxx, Inc. Final January 6, 2006 (f) Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed Design-Builder’s performance of its obligations under this Agreement.