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. Force Majeure does not include:
Exclusions From Force Majeure. The following events or circumstances shall not constitute Force Majeure:
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. 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. Notwithstanding Section 12.1, no act, event, cause or condition shall be considered to be an event of Force Majeure:
Exclusions From Force Majeure. The following events or circumstances shall not constitute Force Majeure: late delivery to Seller of machinery, equipment, materials, spare parts, labour (other than labour disputes), or consumables; a delay in the performance of any contractor; normal wear and tear of, or random flaws in, materials and equipment or breakdowns of equipment; unavailability of funds; and unavailability of fuel.
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. (c) This Agreement may be terminated by JCPenney upon written notice to Bank in the event that a Force Majeure Event shall prevent Bank from performing any Critical Functions (as set forth in Exhibit F) for a period of at least fifteen (15) days, or by JCPenney upon written notice to Bank in the event that a Force Majeure Event shall prevent Bank from performing any material obligations (other than Critical Functions) under this Agreement for a period of at least sixty (60) days (each period as applicable constitutes the Force Majeure Period). (d) This Agreement may be terminated by Bank upon written notice to JCPenney in the event that a Force Majeure Event shall prevent JCPenney from performing point-of-sale functions for a period of at least fifteen (15) days, or by Bank upon written notice to JCPenney in the event that a Force Majeure Event shall prevent JCPenney from performing any material obligations (other than Critical Functions) under this Agreement for a period of at least sixty (60) days (each period as applicable constitutes the Force Majeure Period). 10.7
Exclusions From Force Majeure. The following events shall not be deemed a Force Majeure Event: (i) 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 (ii) Company's failure to perform its obligations because of Company's failure to comply with, or the failure of Company's Disaster Recovery Plan.
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:
