Effect of Force Majeure. Except for the obligation of a party to make payments required hereunder, the parties shall be excused from performing any of their respective obligations under this Agreement and shall not be liable in damages or otherwise on account of the non-performance of any such obligation, for so long as and to the extent that such party is unable to perform such obligation as a result of any Force Majeure Event.
Appears in 5 contracts
Samples: Stumpage Agreement (Neenah Paper Inc), Stumpage Agreement (NewPage Holding CORP), Stumpage Agreement (NewPage Holding CORP)
Effect of Force Majeure. Except for Notwithstanding anything in this Agreement to the obligation of a party to make payments required hereundercontrary, the parties Parties shall be excused from performing any of their respective obligations under this Agreement hereunder (except for the obligation to pay sums of money due and owing hereunder) and shall not be liable in damages or otherwise on account of the non-performance of any such obligationotherwise, for so long as and to the extent that such party a Party is unable to perform such obligation as a result or is prevented from performing by an event of any Force Majeure Eventand has complied with Section 9.3.
Appears in 4 contracts
Samples: Transition Power Agreement (Potomac Electric Power Co), Transition Power Agreement (Potomac Electric Power Co), Asset Purchase and Sale Agreement (Potomac Electric Power Co)
Effect of Force Majeure. Except Notwithstanding anything to the contrary contained in this Agreement, except for the obligation of a party to make payments required hereunderaccrued, due and owing hereunder at the time of the occurrence of a Force Majeure Event, the parties shall be excused from performing any of their respective obligations under this Agreement and shall not be liable in damages or otherwise on account of the non-performance of any such obligation, for so long as and to the extent that such party is unable to perform such obligation as a result of any Force Majeure Event.
Appears in 2 contracts
Samples: Stumpage Agreement (Neenah Paper Inc), Stumpage Agreement (Neenah Paper Inc)
Effect of Force Majeure. Except for the obligation of Subject to Clause 0, a party to make payments required hereunder, the parties claiming Party shall be excused relieved from performing any of their respective the duty to perform its obligations under this Agreement (other than an obligation to make a payment when due and shall not be liable payable) and any liability for failure to perform such obligations, in damages whole or otherwise on account of in part, under this Agreement to the extent such non-performance is caused by the occurrence of any such obligation, for so long as and to the extent that such party is unable to perform such obligation as a result of any Force Majeure Event.
Appears in 1 contract
Samples: Power Purchase Agreement