Common use of Exclusions From Force Majeure Clause in Contracts

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 Majeure, however, does not includeinclude any of the following: any acts or omissions of any Third Partythird party, including, without limitation, any vendor, materialman, customer, or supplier of Seller, unless such acts or omissions are themselves excused caused by reason an event of Force Majeure; any full or partial reduction in the electric output 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 breakdown, or (ii) other mishap or mishaps, events or conditions attributable to normal wear and tear or defectstear, 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; changes in market conditions that affect the cost of the Seller's ’s supplies, or that affect demand or price for any of Seller's products, or that otherwise render this Agreement uneconomic or unprofitable for the Seller; Seller's ’s inability to obtain Governmental Approvals or Land Rights for the construction, ownership, operation and or maintenance of Facility and the Company‑Owned Interconnection FacilitiesFacility, or Seller's ’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 ’s inability to obtain sufficient fuel, power or materials to operate its the Facility, except if Seller's ’s inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; Seller's ’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 Seller’s interest in this 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 A strike, work stoppage 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 MajeureFacility.

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 Forced Outage except where such forced outage 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: : (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 excused by reason of Force Majeure; ; (B) any full or partial reduction curtailment 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; ; (C) 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; ; (D) Seller's inability to obtain Governmental Approvals Permits or Land Rights approvals of any type for the construction, ownershipoperation, operation and or 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; Facility; (E) 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; ; (F) 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; ; (G) a forced outage Forced Outage except where such forced outage Forced Outage is caused by an event of Force Majeure; ; (H) 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 ApprovalsPermits, or the design, construction, ownership, maintenance or operation or maintenance of the Facility, the Company-Owned Interconnection Facilities Facility 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 or (I) any full or partial reduction curtailment in the availability delivery of the Facility Actual Output of Seller or of the ability of Company to produce and deliver to the Point of Interconnection electric energy in response to Company Dispatch accept Actual Output from Seller 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: 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 as and when required under this Agreement 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 Majeure, however, does not includeinclude any of the following: A strike, work stoppage, or labor dispute limited only to any of the Indemnified Supplier Parties or any other third party employed by Supplier to work on the Project; any acts or omissions of any Third Partythird party, including, without limitation, any vendor, materialman, customer, or supplier of SellerSupplier, unless such acts or omissions are themselves excused caused by reason an event of Force MajeureMajeure as herein defined; any full or partial reduction in the electric output Supplier’s provision of Facility Grid Services 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 Majeuretear; changes in market conditions that affect the cost of Seller's the Supplier’s supplies, or that affect demand or price for any of Seller's products, or that otherwise render this Agreement uneconomic or unprofitable for Sellerthe Supplier; Seller's Supplier’s inability to obtain Governmental Government Approvals or Land Rights approvals of any type for the constructiondevelopment, deployment, ownership, operation and operation, or maintenance of Facility and the Company‑Owned Interconnection FacilitiesGSDS, or Seller's Supplier’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 Supplier’s inability to obtain sufficient fuel, power or materials to operate its Facilitythe GSDS, except if Seller's Supplier’s inability to obtain sufficient fuel, power or materials is caused solely by an event of Force MajeureMajeure as herein defined; Seller's Supplier’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 MajeureMajeure as herein defined; litigation or administrative or judicial action pertaining to the Supplier’s interest in this Agreement, the SiteGSDS, the FacilitySupplier’s relationship to its Participants, the Land Rights, the acquisition, maintenance or renewal of financing or any Governmental Government Approvals, or the design, constructiondevelopment, deployment, ownership, maintenance or 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 ProjectGSDS; or any full or partial reduction in either the availability ability of the Facility GSDS to produce and deliver the Grid Services or in the ability of Company to accept the Point of Interconnection electric energy in response to Company Dispatch Grid Services which is caused by any Third Party includingaction or inaction of a third party, without limitation, including but not limited to any vendor or supplier of Seller the Supplier or Company, except to the extent due to such action or inaction is caused by an event of Force MajeureMajeure as herein defined.

Exclusions From Force Majeure. Force Majeure Majeure, however, does not include: include any of the following: (a) any acts or omissions of any Third Partythird party, including, without limitation, any vendor, materialman, customer, or supplier of Seller, unless such acts or omissions are themselves excused caused by reason an event of Force Majeure; ; (b) any full or partial reduction in the electric output 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 breakdown, or (ii) other mishap or mishaps, events or conditions attributable to normal wear and tear or defectstear, unless such mishap is caused by Force Majeure; or (ii) any action or inaction of a third party, including but (c) changes in market conditions that affect the cost of the Seller's ’s supplies, or that affect demand or price for any of Seller's products, or that otherwise render this Agreement uneconomic or unprofitable for the Seller; ; (d) Seller's ’s inability to obtain Governmental Approvals or Land Rights for the construction, ownership, operation and or maintenance of Facility and the Company‑Owned Interconnection FacilitiesFacility, or Seller's ’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; ; (e) Seller's ’s inability to obtain sufficient fuel, power or materials to operate its the Facility, except if Seller's ’s inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; ; (f) Seller's ’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; ; (g) a forced outage except where such forced outage is caused by an event of Force Majeure; ; (h) litigation or administrative or judicial action pertaining to the Seller’s interest in this 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 ; (i) A strike, work stoppage 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 MajeureFacility.

Exclusions From Force Majeure. Force Majeure does not include: : 7.3.1 any acts or omissions of any Third Partythird 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; ; 7.3.2 any full or partial reduction in the electric output availability of Facility the Asset 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; ; 7.3.3 changes in market conditions that affect the cost of Seller's supplies’s costs, or that affect demand or price for any of Seller's ’s products, or that otherwise render this Agreement uneconomic or unprofitable for Seller; ; 7.3.4 Seller's ’s inability to obtain Governmental Approvals or Land Rights other necessary approvals, such as land rights, for the construction, ownership, operation and maintenance operation, maintenance, or control of Facility and any Available Asset or the Company‑Owned Buyer-Owned Interconnection Facilities, or Seller's ’s loss of any such Governmental Approvals or Land Rights other approvals once obtained; ; 7.3.5 the lack of wind, sun sun, or any other resource of an inherently intermittent nature; ; 7.3.6 Seller's ’s inability to obtain sufficient fuel, power power, or materials to operate its Facilityany Available Asset, except if Seller's ’s inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; ; 7.3.7 Seller's ’s failure to obtain additional funds, tax credits, or attributes, including funds funds, tax credits or attributes authorized by a state or the federal government or agencies thereof, to supplement the payments made by Company Buyer pursuant to this Agreement; ; 7.3.8 a forced outage except where such forced outage is caused by an event of Force Majeure; ; 7.3.9 If applicable, 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, siting, construction, ownership, operation operation, maintenance, or maintenance control of the Facilityany Available Asset, the Company-Buyer- Owned Interconnection Facilities or the Company Buyer System; ; 7.3.10 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 ProjectFacility; 7.3.11 the ongoing COVID-19 pandemic as it is a known and no longer unforeseeable event; or or 7.3.12 any full or partial reduction in the availability of the Facility any Available Asset to produce deliver applicable product as and deliver to the Point of Interconnection electric energy in response to Company Dispatch when required under this Agreement which is caused by any Third Party third party including, without limitation, any vendor or supplier of Seller or CompanyBuyer, except to the extent due to Force Majeure.

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 Forced Outage except where such forced outage 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 Company's 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: any acts or omissions of any Third Party, including, without limitation, any vendor, materialman, customer, or supplier of SellerSubscriber Organization, 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 SellerSubscriber Organization's supplies, or that affect demand or price for any of SellerSubscriber Organization's products, or that otherwise render this Agreement uneconomic or unprofitable for SellerSubscriber Organization; SellerSubscriber Organization'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 SellerSubscriber Organization'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; SellerSubscriber Organization's inability to obtain sufficient fuel, power or materials to operate its Facility, except if SellerSubscriber Organization's inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; SellerSubscriber Organization'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 Forced Outage except where such forced outage 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 Subscriber Organization Parties or any other third party employed by Seller Subscriber Organization 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 Subscriber Organization or Company, except to the extent due to Force Majeure.

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, 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; 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; any full or partial reduction in the electric output of the Facility that is caused by or arises from a mechanical or equipment breakdown or other conditions attributable to normal wear and tear; changes in market conditions that affect the cost of the Seller’s supplies, or that otherwise render this Agreement uneconomic or unprofitable for the Seller; Seller’s inability to obtain Governmental Approvals, Land Rights or approvals of any type for the construction, ownership, operation, or maintenance of the 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 the Facility, except if Seller’s inability to obtain sufficient Fuel, power or materials is caused by an event of Force Majeure as herein defined; 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 the Company pursuant to this Agreement; a forced outage except where such forced outage is caused by an event of Force Majeure as herein defined; litigation or administrative or judicial action pertaining to Seller’s interest in this Agreement, the Site, Land Rights, the Facility, any Governmental Approvals, or the design, construction, ownership, maintenance or operation of the Facility, the Company-Owned Interconnection Facilities or the Company System; or any full or partial reduction in either the availability ability of the Facility to produce and deliver its Demonstrated Firm Capacity or in the ability of the Company to accept the Point of Interconnection electric energy in response to Company Dispatch Demonstrated Firm Capacity which is caused by any Third Party includingaction or inaction of a third party, without limitation, including but not limited to any vendor or supplier of the Seller or the Company, except to the extent due to such action or inaction is caused by an event of Force Majeure as herein defined; Consequences of Force Majeure.

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 Forced Outage except where such forced outage 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: : 7.3.1 any acts or omissions of any Third Partythird 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; ; 7.3.2 any full or partial reduction in the electric output availability of Facility the Asset 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; ; 7.3.3 changes in market conditions that affect the cost of Seller's ’s supplies, or that affect demand or price for any of Seller's ’s products, or that otherwise render this Agreement uneconomic or unprofitable for Seller; , unless the market conditions (i) are caused by Force Majeure, (ii) such Force Majeure extends beyond sixty (60) days and (iii) demonstrably create circumstances that are economically infeasible for Seller's ; 7.3.4 Seller’s inability to obtain Governmental Approvals or Land Rights other necessary approvals, such as land rights, for the construction, ownership, operation and maintenance operation, maintenance, or control of Facility and any Available Asset or the Company‑Owned Buyer-Owned Interconnection Facilities, or Seller's ’s loss of any such Governmental Approvals or Land Rights other approvals once obtained; ; 7.3.5 the lack of wind, sun sun, or any other resource of an inherently intermittent nature; ; 7.3.6 Seller's ’s inability to obtain sufficient fuel, power power, or materials to operate its Facilityany Available Asset, except if Seller's ’s inability to obtain sufficient fuel, power or materials is caused solely by an event of Force Majeure; ; 7.3.7 Seller's ’s failure to obtain additional funds, tax credits, or attributes, including funds funds, tax credits or attributes authorized by a state or the federal government or agencies thereof, to supplement the payments made by Company Buyer pursuant to this Agreement; ; 7.3.8 a forced outage except where such forced outage is caused by an event of Force Majeure; ; 7.3.9 If applicable, 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, siting, construction, ownership, operation operation, maintenance, or maintenance control of the Facilityany Available Asset, the Company-Buyer- Owned Interconnection Facilities or the Company Buyer System; ; 7.3.10 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 ProjectFacility; 7.3.11 the ongoing COVID-19 pandemic as it is a known and no longer unforeseeable event; or or 7.3.12 any full or partial reduction in the availability of the Facility any Available Asset to produce deliver applicable product as and deliver to the Point of Interconnection electric energy in response to Company Dispatch when required under this Agreement which is caused by any Third Party third party including, without limitation, any vendor or supplier of Seller or CompanyBuyer, except to the extent due to Force Majeure.

Exclusions From Force Majeure. Force Majeure does not include: : (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 excused by reason of Force Majeure; ; (b) 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; ; (c) 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; ; (d) Seller's inability to obtain Governmental Approvals or Land Rights for the construction, ownership, operation and maintenance of Facility and the Company‑Owned Company-Owned Interconnection Facilities, or Seller's loss of any such Governmental Approvals or Land Rights once obtained; ; (e) the lack of wind, sun or any other resource of an inherently intermittent nature; ; (f) 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; ; (g) 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; ; (h) a forced outage Forced Outage except where such forced outage Forced Outage is caused by an event of Force Majeure; ; (i) 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; ; (j) 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 or (k) 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 Company’s dispatchCompany 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: 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 : (iA) 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, 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; ; (B) 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; (C) any full or partial reduction in the availability electric output of the Facility that is caused by or arises from a mechanical or equipment breakdown or other conditions attributable to normal wear and tear; (D) changes in market conditions that affect the cost of the Seller’s supplies, or that otherwise render this Agreement uneconomic or unprofitable for the Seller; (E) Seller’s inability to obtain Governmental Approvals, Land Rights or approvals of any type for the construction, ownership, operation, or maintenance of the Facility and the EXECUTION VERSIONPuna Geothermal Venture ARTICLE 1895 Company-Owned Interconnection Facilities, or Seller’s loss of any such Governmental Approvals or Land Rights once obtained; (F) The lack of adequate Geothermal Resources; (G) Seller’s inability to obtain sufficiently procure or utilize the Geothermal Resource or materials to operate the Facility; (H) 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 the Company pursuant to this Agreement; (I) a Forced Outage except where such Forced Outage is caused by an event of Force Majeure as herein defined; (J) litigation or administrative or judicial action pertaining to Seller’s interest in this Agreement, the Site, Land Rights, the Facility, any Governmental Approvals, or the design, construction, ownership, maintenance or operation of the Facility, the Company-Owned Interconnection Facilities or the Company System; or (K) any full or partial reduction in either the ability of the Facility to produce and deliver its Demonstrated Firm Capacity or in the ability of the Company to accept the Point of Interconnection electric energy in response to Company Dispatch Demonstrated Firm Capacity which is caused by any Third Party includingaction or inaction of a third party, without limitation, including but not limited to any vendor or supplier of the Seller or the Company, except to the extent due to such action or inaction is caused by an event of Force Majeure.