Events Constituting Force Majeure. As used in this Agreement, "Force Majeure" means any act, event, or condition that causes delay in or failure of performance of obligations under this Agreement, or otherwise materially and adversely affects a party's ability to perform, if such act, event or condition (i) is beyond the reasonable control of the party relying thereon, (ii) is not the result of the willful misconduct or negligent act or omission of such party, and (iii) is not an act, event or condition, the risk or consequence of which such party expressly assumed under this Agreement, and then only to the extent that such Force Majeure event cannot be cured, remedied, avoided, offset, or otherwise overcome by the prompt exercise of reasonable due diligence of the party relying thereon including, but not limited to:
Events Constituting Force Majeure. As used herein, “Force Majeure Event” means any cause(s) which render(s) a Party wholly or partly unable to perform its obligations under this Agreement (other than obligations to make payments when due), and which are neither reasonably within the control of such Party nor the result of the fault or negligence of such Party, and which occur despite all reasonable attempts to avoid, mitigate or remedy, and shall include acts of God, war, riots, civil insurrections, cyclones, hurricanes, floods, fires, explosions, earthquakes, lightning, storms, chemical contamination, epidemics or plagues, acts or campaigns of terrorism or sabotage, blockades, embargoes, accidents or interruptions to transportation not caused by PAP, trade restrictions, acts of any Governmental Authority after the date of this Agreement, strikes and other labor difficulties (other than with respect to its own employees) not caused by PAP, mechanical breakdowns, and other events or circumstances beyond the reasonable control of such Party.
Events Constituting Force Majeure. As used in this Agreement, Force Majeure means any act, event, or condition that causes delay in or failure of performance of obligations under this Agreement, or otherwise materially and adversely affects a party's ability to perform, if such act, event or condition (i) is beyond the reasonable control of the party relying thereon, (ii) is not the result of the willful misconduct or negligent act or omission of such party, and (iii) is not an act, event or condition, the risk or consequence of which such party expressly assumed under this Agreement, including but not limited to:
(1) acts of God, accident, flood, sabotage, fire, epidemic, earthquake, or similar occurrence, act of public or foreign enemy, war and other hostilities, invasion, blockade, insurrection, rebellion, riot and disorder, strikes or labor disturbances, general arrest or restraint of government and people, civil disturbance or similar occurrence;
(2) entry of an injunctive or restraining order or judgment of any Governmental Authority, if such order or judgment is not the result of the act, or failure to act, of a party or its subcontractors or suppliers; or
(3) suspension, termination, interruption of, or failure to obtain any permit required or necessary for the construction, operation or maintenance of the Generating Facilities, provided such suspension, termination, interruption or failure is not the result of the action or inaction of a party relying thereon or its subcontractors or suppliers. Notwithstanding the foregoing, neither the failure of a subcontractor or supplier to perform its obligations to LIPA or GENCO, which failure is not itself caused by a Force Majeure event with respect to such subcontractor or supplier, nor financial difficulty suffered by LIPA or GENCO or any subcontractor, supplier or vendor in performing its obligations, shall be deemed a Force Majeure event.
Events Constituting Force Majeure. As used herein, “Force Majeure Event” means any cause(s) which render(s) a Party wholly or partly unable to perform its obligations under this Agreement (other than obligations to make payments when due), and which are neither reasonably within the control of such Party nor the result of the fault or negligence of such Party, and which occur despite all reasonable attempts to avoid, mitigate or remedy, and shall include acts of God, war, riots, civil insurrections, cyclones, hurricanes, floods, fires, explosions, earthquakes, lightning, storms, chemical contamination, epidemics or plagues, acts or campaigns of terrorism or sabotage, blockades, embargoes, accidents or interruptions to transportation, trade restrictions, acts of any Governmental Authority after the date hereof, strikes and other labor difficulties, mechanical breakdowns, and other events or circumstances beyond the reasonable control of such Party.
Events Constituting Force Majeure. Neither party hereto shall be liable for any delay or failure in the performance of its obligations under this Agreement if and to the extent that such delay or failure is directly caused by any event of Force Majeure. The expression "Force Majeure," as used in this Agreement, means cause or causes not within the control of the party or parties claiming Force Majeure and includes, but is not limited to:
(a) Acts of God, War (declared or undeclared), blockage, riots, revolution, insurrection, civil commotions, mobilizations, strikes, plagues, epidemics, fires, floods, landslides, obstruction of navigation at the Port of Loading, acts of government including court orders of any branch or subdivision thereof, acts of public enemies; and major break-downs of or damages to plants, equipment or facilities at mines, railroads or ports, or other locations directly connected with supplying, loading, or conveying the cargo from the mines to the vessel, and
(b) Major breakdown of or damage to vessels nominated by the Buyer, however caused, including, without limitation, acts of God, perils of the seas, fire, barratry of the Master and/or crew, pirates, collisions, strandings and accidents of navigation or latent defects in or accidents to hull and/or machinery and/or boilers, whether occasioned by the negligence, default or error of judgement of the pilot, Master, mariners or other persons employed by the shipowner, or for those acts the shipowner is responsible, and other causes of whatsoever kind or nature beyond the control of the Buyer. During any period in which mining or delivery of Coal is suspended or curtailed at Seller's mines as a result of Force Majeure, Seller shall allocate Coal shipped from the Seller's mines among Seller's customers under contract from Seller's mines, including Buyer, in a fair and reasonable manner.
