Exclusions From Force Majeure. Force Majeure does not include: any acts or omissions of any Third Party, including, without limitation, any vendor, materialman, customer, or supplier of Seller, unless such acts or omissions are themselves excused by reason of Force Majeure; any full or partial reduction in the electric output of Facility that is caused by or arises from (i) a mechanical or equipment breakdown or (ii) other mishap or events or conditions attributable to normal wear and tear or defects, unless such mishap is caused by Force Majeure; changes in market conditions that affect the cost of Seller's supplies, or that affect demand or price for any of Seller's products, or that otherwise render this Agreement uneconomic or unprofitable for Seller; Seller's inability to obtain Governmental Approvals or Land Rights for the construction, ownership, operation and maintenance of Facility and the Company‑Owned Interconnection Facilities, or Seller's loss of any such Governmental Approvals or Land Rights once obtained; the lack of wind, sun or any other resource of an inherently intermittent nature; Seller's inability to obtain sufficient fuel, power or materials to operate its Facility, except if Seller's inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; Seller's failure to obtain additional funds, including funds authorized by a state or the federal government or agencies thereof, to supplement the payments made by Company pursuant to this Agreement; a forced outage except where such forced outage is caused by an event of Force Majeure; litigation or administrative or judicial action pertaining to the Agreement, the Site, the Facility, the Land Rights, the acquisition, maintenance or renewal of financing or any Governmental Approvals, or the design, construction, ownership, operation or maintenance of the Facility, the Company-Owned Interconnection Facilities or the Company System; a strike, work stoppage or labor dispute limited only to any one or more of the Indemnified Seller Parties or any other third party employed by Seller to work on the Project; or any full or partial reduction in the availability of the Facility to produce and deliver to the Point of Interconnection electric energy in response to Company Dispatch which is caused by any Third Party including, without limitation, any vendor or supplier of Seller or Company, except to the extent due to Force Majeure.
Exclusions From Force Majeure. The following events shall not be deemed a Force Majeure Event: (i) a hardware or software failure of computer equipment not caused by events set forth in Section 10.6(a); (ii) failure to perform as a result of Year 2000 complications; (iii) Bank’s failure to perform its obligations because of Bank’s failure to comply with, or the failure of Bank’s Disaster Recovery Plan; or (iv) JCPenney’s failure to perform its obligations because of JCPenney’s failure to comply with, or the failure of JCPenney’s Disaster Recovery Plan.
Exclusions From Force Majeure. The following events or circumstances shall not constitute Force Majeure:
a) late delivery to Seller of machinery, equipment, materials, spare parts, labour (other than labour disputes), or consumables;
b) a delay in the performance of any contractor;
c) normal wear and tear of, or random flaws in, materials and equipment or breakdowns of equipment;
d) unavailability of funds; and
e) unavailability of fuel.
Exclusions From Force Majeure. Notwithstanding the foregoing, the term Force Majeure does not include (i) changes in market conditions that affect the cost of Gas or any alternate supplies of Gas or (ii) Gas supply or transportation interruptions, except to the extent that Gas is unavailable generally on the NBPL, APL, NGPL, Nicor Gas or Peoples Gas systems at any price.
Exclusions From Force Majeure. Notwithstanding Section 12.1, no act, event, cause or condition shall be considered to be an event of Force Majeure:
(a) if and to the extent the Party seeking to invoke Force Majeure has caused or contributed to the applicable act, event, cause or condition by its fault or negligence or has failed to use Commercially Reasonable Efforts to prevent or remedy such act, event, cause or condition and, so far as possible and within a reasonable time period, remove it (except in the case of strikes, lockouts and other labour disturbances, the settlement of which shall be wholly within the discretion of the Party involved); or
(b) if the act, event, cause or condition is the result of a failure to obtain, or a breach, by the Party seeking to invoke Force Majeure, of a Governmental Approval or of any applicable Laws and Regulations; or
(c) if the act, event, cause or condition was caused by a lack of funds or other financial cause; or
(d) if the act, event, cause or condition is the result of a breach or alleged breach of contract or other obligation between the Party seeking to invoke Force Majeure and any Person (other than the other Party), regardless of whether such breach or alleged breach was caused by the Party seeking to invoke Force Majeure or was caused by such other Person; or
(e) where the act, event, cause or condition is stated in Sections 4.4(3)(c) and 7.2(4) not to be eligible for Force Majeure relief.
Exclusions From Force Majeure. The following events or circumstances shall not constitute Force Majeure:
(a) late delivery to the Seller of machinery, equipment, materials, spare parts or consumables save where such late delivery is itself due to Force Majeure;
(b) a delay in the performance of any contractor save where such delay is itself due to Force Majeure;
(c) breakdowns in equipment save where such breakdown is itself due to Force Majeure;
(d) normal wear and tear or random flaws in materials and equipment;
(e) payment of monies due provided that relief under this Clause 15 shall extend to failure caused by circumstances or events of Force Majeure affecting all reasonable means of payment;
(f) any failure to perform obligations under this Agreement to the extent that such failure results from or is caused by insufficient Steam Field Facilities or by adverse Reservoir conditions, including insufficiency of reserves, prevailing within the Geothermal Reservoir (including insufficient capacity in the Seller’s Steam Field Facilities);
(g) a Change in Law in the circumstances described in Clause 10.8.
Exclusions From Force Majeure. Force Majeure, however, does not include any of the following:
(a) any acts or omissions of any third party, including, without limitation, any vendor, materialman, customer, or supplier of Seller, unless such acts or omissions are themselves caused by an event of Force Majeure;
(b) any full or partial reduction in the availability of the Facility to provide the Energy Storage Services in response to Company Dispatch/Charge that is caused by or arises from either (i) a mechanical or equipment breakdown, or other mishaps, events or conditions attributable to normal wear and tear, unless such mishap is caused by Force Majeure; or (ii) any action or inaction of a third party, including but not limited to any vendor or supplier of the Seller or Company, except to the extent such action or inaction is due to Force Majeure;
Exclusions From Force Majeure. Notwithstanding anything to the contrary contained in this Agreement, except as may expressly be provided herein, the term Force Majeure shall not include or excuse a Party's performance in the following circumstances:
(a) Except as otherwise set forth in Section 2.1, the failure to complete the Facility by or to achieve the Commercial Operation Date as extended pursuant to Section 2.1 and Section 18.4, which failure is caused by, arises out of or results from the acts or omissions of Seller, and/or from the acts or omissions of any third party, unless, and then only to the extent that, any such acts or omissions of such third party (i) would itself be excused hereunder by virtue of a Force Majeure condition, or (ii) is the result of Xxxxxxxx' failure to provide Natural Gas to the Facility;
(b) Any reduction, curtailment or interruption of generation or operation of the Facility, or of the ability of Xxxxxxxx to accept or transmit Net Electric Energy, whether in whole or in part, which reduction, curtailment or interruption is caused by or arises from the acts or omissions of any third party providing services or supplies to the Party claiming Force Majeure, including any vendor or supplier to either Party of materials, equipment, supplies or services, or any inability of the Host Utility to deliver Net Electric Energy to Xxxxxxxx, unless, and then only to the extent that, any such acts or omissions would itself be excused hereunder as a Force Majeure;
(c) Any outage, whether or not due to the fault or negligence of Seller, of the Facility attributable to a defect or inadequacy in the manufacture, design or installation of the Facility that prevents, curtails, interrupts or reduces the ability of the Facility to generate Net Electric Energy or the ability of Seller to perform its obligations hereunder;
(d) To the extent that the Party claiming Force Majeure failed to prevent or remedy the Force Majeure condition by taking all commercially reasonable acts (short of litigation, if such remedy requires litigation) and, except as otherwise provided in Section 16.3 below, failed to resume performance hereunder with reasonable dispatch after the termination of the Force Majeure condition;
(e) To the extent that the claiming Party's failure to perform was caused by lack of funds;
(f) Any inability of a Party to perform its obligations hereunder because of an increase or decrease in the market price of Energy/capacity, Natural Gas, or because it is uneconomic for ...
Exclusions From Force Majeure. Force Majeure, however, does not include:
(1) a strike, work stoppage, or labor dispute by a third party engaged by Xxxxxx in support of its performance pursuant to this Agreement;
(2) any acts or omissions of any third party, including, without limitation, any vendor, materialman, customer, or supplier of Seller, unless such acts or omissions are themselves caused by an event of Force Majeure as herein defined;
(3) changes in market conditions that affect the cost of Seller’s supplies, or that otherwise render this Agreement uneconomic or unprofitable for Seller;
(4) Seller’s inability to obtain government approvals or approvals of any type concerning the services to be performed and the Product to be sold by Seller hereunder, or Seller’s loss of any such governmental approvals once obtained;
(5) litigation or administrative or judicial action pertaining to Seller’s interest in this Agreement or any government approval required for Seller to perform its obligations pursuant to this Agreement;
(6) Seller’s inability to obtain sufficient power or materials to Deliver the Product, except if Seller’s inability to obtain sufficient power or materials is caused by an event of Force Majeure; or
(7) litigation or administrative or judicial action pertaining to Seller’s interest in this Agreement or any Government Approvals required for Seller to sell and Deliver the Product pursuant to this Agreement.
Exclusions From Force Majeure. “Force Majeure” specifically excludes the following occurrences or events: the loss, interruption, or curtailment of interruptible transportation on any pipeline necessary to make or take delivery of Oil or Gas under this Agreement (unless and to the extent such event also curtails firm service at the same point); the increase or decrease in supply of Oil or Gas; allocation or reallocation of production by well operators, pipelines, or other parties; loss of markets; loss of supply; depletion of Oil or Gas reserves; and with respect to Producer, termination or violation (or challenge as a violation) of any Dedicated Instrument shall not constitute “Force Majeure” hereunder unless such violation or termination (or challenge) is solely the result of an act or omission by the Gatherer Group that constitutes a failure by Gatherer to comply with the requirements of this Agreement (including, for the sake of clarity, Section 2.1) or is otherwise caused solely by the gross negligence or willful misconduct of the Gatherer Group.
