Common use of Exceptions to Force Majeure Clause in Contracts

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. 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 ***.