Effect of Force Majeure Event. In the event that a Force Majeure Event prevents the LRP Resource from being available to the ISO for a period in excess of sixty (60) consecutive days (the “Unavailability Period”), the ISO, in its sole discretion, may terminate this Agreement by providing five (5) days notice to Supplier declaring the ISO’s intention to terminate this Agreement; provided, however, that for purposes of its right to terminate this Agreement, the ISO may extend the Unavailability Period in its sole discretion. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the ISO be obligated to make any payments under this Agreement for the LRP Resource during any period that the LRP Resource is unavailable due to a Force Majeure Event.
Appears in 3 contracts
Samples: Supplemental Installed Capacity Agreement (Comverge, Inc.), Supplemental Installed Capacity Agreement (Comverge, Inc.), Supplemental Installed Capacity Agreement (Comverge, Inc.)
Effect of Force Majeure Event. In the event that a Force Majeure Event prevents the any LRP Resource from being available to the ISO for a period in excess of sixty (60) consecutive days (the “"Unavailability Period”"), the ISO, in its sole discretion, may terminate the LRP Resource or this Agreement by providing five (5) days notice to Supplier declaring the ISO’s 's intention to terminate the LRP Resource or this Agreement; provided, however, that for purposes of its right to terminate the LRP Resource or this Agreement, the ISO may extend the Unavailability Period in its sole discretion. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the ISO be obligated to make any payments under this Agreement for the an LRP Resource during any period that the such LRP Resource is unavailable due to a Force Majeure Event.
Appears in 2 contracts
Samples: Service Agreement (Enernoc Inc), Supplemental Installed Capacity Agreement (Enernoc Inc)
Effect of Force Majeure Event. In the event that a Force Majeure Event prevents the LRP Resource from being available to the ISO for a period in excess of sixty (60) consecutive days (the “Unavailability Period”), the ISO, in its sole discretion, may terminate this Agreement by providing five (5) days notice to Supplier declaring the ISO’s intention to terminate this Agreement; provided, however, that for purposes of its right to terminate this Agreement, the ISO may extend the Unavailability Period in its sole discretion. Notwithstanding anything to the contrary contained in this Agreement, in no event shall the ISO be obligated to make any payments under this Agreement for the an LRP Resource during any period that the such LRP Resource is unavailable due to a Force Majeure Event.
Appears in 1 contract
Samples: Service Agreement (Comverge, Inc.)
