Exceptions to Force Majeure Sample Clauses
The "Exceptions to Force Majeure" clause defines specific circumstances or events that are not covered by the force majeure provision in a contract. This means that even if an event disrupts performance, if it falls under these listed exceptions—such as financial hardship, labor disputes, or foreseeable events—the affected party cannot claim relief under force majeure. By clearly outlining what does not qualify as force majeure, this clause ensures that parties remain responsible for certain risks and prevents misuse of the force majeure defense to avoid contractual obligations.
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Exceptions to Force Majeure. Except as otherwise provided in Section 14.1, the term Force Majeure does not include:
14.2.1 any full or partial curtailment in the operation of a Participating Facility that is caused by or arises from the act or acts of any vendor, materialman, customer or supplier of AER, unless such act or acts is itself excused by reason of Force Majeure; or
14.2.2 any full or partial curtailment in the operation of a Participating Facility that is caused by or arises from a Control Device breakdown, or fires, explosions, or other mishap or events or conditions attributable to normal wear and tear or flaws in the Control Device
14.2.3 any inability by AER to sign up sufficient customers for participation in the Program as required under this Agreement 14.2.4 ***.
Exceptions to Force Majeure. Neither Party is entitled to the benefit of the provisions of Clause 8.1 of this Article under any of the following circumstances:
(a) to the extent that the failure was caused by the sole negligence of the Party claiming suspension; or
(b) to the extent that the failure was caused by the Party claiming suspension having failed to remedy the condition where it is within that Party's ability alone to do so and to resume the performance of such covenants or obligations, with reasonable dispatch; or
(c) if the failure was caused by lack of funds or with respect to the payment of any amount or amounts then due under the Transportation Service Agreement; or
(d) unless as soon as possible after the happening of the occurrence relied upon or as soon as possible after determining that the occurrence was in the nature of Force Majeure and would affect the claiming Party's ability to observe or perform any of its covenants or obligations under the Transportation Service Agreement, the Party claiming suspension shall have given to the other Party notice, either in writing or by facsimile, to the effect that such Party is unable by reason of Force Majeure (the nature whereof shall be therein specified) to perform the particular covenants or obligations.
Exceptions to Force Majeure. Neither Party shall be entitled to the benefit of the provisions of this Article XI under either or both of the following circumstances:
(a) To the extent that the inability to perform was caused by the Party claiming Force Majeure having failed to remedy the condition by taking all reasonable acts, short of litigation, if such remedy requires litigation, and having failed to resume performance of such commitments or obligations with reasonable dispatch; or
(b) If the inability to perform was caused by lack of funds, or with respect to the payment of any amount or amounts then due hereunder.
Exceptions to Force Majeure. 12.6.1 Notwithstanding the foregoing provisions of this Clause 12, Seller Force Majeure shall not include any loss or failure of gas reservoirs in the area from which Natural Gas used to produce LNG to be sold under the Confirmation Notice is produced and the deliverability associated therewith due to natural depletion or the absence of economically recoverable gas (unless any of the foregoing is itself the result of a Seller Force Majeure event).
Exceptions to Force Majeure. Except as otherwise provided in Section 14.1, the term Force Majeure does not include:
14.2.1 any full or partial curtailment in the operation of a Participating Facility that is caused by or arises from the act or acts of any vendor, materialman, customer or supplier of Comverge, unless such act or acts is itself excused by reason of Force Majeure; or
14.2.2 any full or partial curtailment in the operation of any one Participating Facility that is caused by or arises from a Control Device breakdown, or fires, explosions, or other mishap or events or conditions attributable to normal wear and tear or flaws in the Control Device, unless such mishap is caused by one of the following: catastrophic equipment failure; acts of God; sudden actions of the elements such as lightning, floods, hurricanes or tornadoes; sabotage; terrorism; war; riots; and actions by federal, state, municipal or any other government or agency.
Exceptions to Force Majeure. Notwithstanding Section 13.2, the following events shall not be considered Force Majeure: (i) economic hardship and changes in market conditions (including prices for PGP or any of its feedstocks, including energy) that affect supply or demand of PGP, (ii) the opportunity for Enterprise to sell PGP to be sold pursuant to this Agreement or any other product in the PGP value chain to another Person at a higher economic value than the PGP Price hereunder, (iii) the opportunity for Purchaser to purchase PGP or a substitute product from or DocuSign Envelope ID: 2B7A1C8A-A220-4A4E-9E1E-347CAF708643
Exceptions to Force Majeure. It is understood and agreed by the Parties hereto that the following will not constitute event(s) of force majeure: the loss of Buyer’s markets, not otherwise due to an event of force majeure; Buyer’s inability economically to use or resell Gas purchased hereunder,hereunder; increases or decreases in Gas supply due to allocation or reallocation of production by well operators, pipelines, or other parties; failures resulting from the freeze-up of ▇▇▇▇▇ or gathering systems; failure of specific, individual ▇▇▇▇▇ or appurtenant facilities in the absence of a force majeure event; any partial or total depletion of Gas reserves or other sources of Gas supply owned by or under contract to Seller or the failure of such Gas reserves to produce quantities of Gas sufficient to allow Seller to meet its obligations under this Contract, not otherwise due to an event of force majeure; the curtailment of interruptible transportation service; the curtailment of firm transportation service when not using primary point(s) of receipt and delivery; or any change in the market price for Gas.
Exceptions to Force Majeure