Common use of Excused Performance Clause in Contracts

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, provided that: (a) Such Party gives the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, as soon as is reasonably practicable; (b) The suspension of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the Party which arose before the occurrence of Force Majeure causing the suspension of performance are excused as a result of the occurrence; and (e) When the affected Party is able to resume performance of its obligations under this Lease, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder.

Excused Performance. Each If either Party shall is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure(other than payment obligations), provided that: (a) Such the affected Party gives the other Party written notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given promptly after becoming aware of the occurrence causing of the Force MajeureMajeure Event, including and, in no event more than seven (7) days after the expected duration, as soon as is affected Party becomes aware or should reasonably practicablehave been aware of such occurrence; (b) The the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance is affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable termsEvent; (d) No obligations no liability of the either Party which arose before the occurrence of the Force Majeure causing the suspension of performance are Event shall be excused as a result of the occurrenceoccurrence thereof; and (e) When the affected no Force Majeure Event shall relieve any Party is able to resume performance from performing those of its obligations under this Lease, such Party shall give that are not materially affected by the other Party written notice to that effect and shall promptly resume performance hereunderForce Majeure Event.

Excused Performance. Each If either Transco or Transmission Owner is rendered wholly or partially unable to perform some or all of its obligations under this Agreement (other than payment obligations) due to a Force Majeure Event, then the Party affected by such Force Majeure Event shall be excused from whatever performance hereunder is impaired by such Force Majeure Event, provided that the affected Party promptly, upon learning of such Force Majeure Event and ascertaining that it will affect its performance hereunder, (i) gives written notice to the other Party stating the nature of the Force Majeure Event, its anticipated duration, and any action being taken to avoid or minimize its effect, and (ii) uses its commercially reasonable efforts to remedy its inability to perform. A Force Majeure Event shall not be considered deemed to have occurred or to be in default or be liable in damages or otherwise continuing unless the party claiming Force Majeure complies with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence requirements of Force Majeure, provided that: (a) Such Party gives the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, as soon as is reasonably practicable; (b) this Article XVII. The suspension of performance is of no greater scope and of no longer shall be for the duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of applicable Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) Event. No obligations of the either Party which arose before the occurrence of Force Majeure Event causing the suspension of performance are and which could and should have been fully performed before such Force Majeure Event occurred shall be excused as a result of such Force Majeure Event. The burden of proof shall be on the occurrence; and (e) When the affected Party is able asserting excuse from performance due to resume performance of its obligations under this Leasea Force Majeure. 4845-2993-5922, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder.v. 1

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to To the extent that the Affected Party is rendered wholly or partly unable to perform its failure ofobligations under this Agreement because of an Uncontrollable Circumstance, or delay insuch circumstance shall constitute a Change and shall entitle such Affected Party to seek a Change Order pursuant to Article 9, performance is due to an occurrence which action shall be the sole remedy of Force Majeure, such Affected Party; provided that: (a) Such the Affected Party gives shall give written notice to the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, as soon as is reasonably practicablepracticable under the circumstances but in any event no later than [***] after the Affected Party becomes aware of the Uncontrollable Circumstance; (b) The the suspension of performance is resulting from such Uncontrollable Circumstance shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureUncontrollable Circumstance; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No no obligations of the either Party which arose before the occurrence of Force Majeure causing the suspension of performance are excused as a result of the occurrence; (d) the Affected Party must continue to perform its obligations under this Agreement to the extent possible, and the Affected Party must use commercially reasonable efforts to overcome, cure, remove, otherwise correct, minimize and contain costs and expenses and mitigate and remedy the damages, delays and effects of the Uncontrollable Circumstance and its inability to perform its obligations under this Agreement as a result thereof; and (e) When when the affected Affected Party is able to resume performance of its obligations under this Leasehereunder, such that Party shall give the other Party written notice to that effect and shall promptly resume performance hereundersuch performance.

Excused Performance. Each If a Party shall is rendered wholly or partially unable to perform its obligations under the Contract Documents because of a Force Majeure Event, then that Party will be excused from performance hereunder and shall not be considered to be (but in default or be liable in damages or otherwise with respect to any obligation hereunderthe case of Contractor, except the obligation to pay money in a timely manner for liabilities actually incurred, if and solely to the extent that its failure of, or delay in, provided in a Scope Change Order entered into pursuant to Section 12.5) from whatever performance is due affected by the Force Majeure Event to an occurrence of Force Majeurethe extent so affected; provided, provided that: (ai) Such the affected Party gives the other Party written notice describing the particulars of the occurrence causing promptly after the occurrence of the Force MajeureMajeure Event, including and, in no event more than seven (7) days after the expected duration, as soon as is reasonably practicableaffected Party becomes aware of such occurrence; (bii) The within seven (7) days after giving the notice described in clause (a) above, the affected Party gives the other Party its best estimate of the occurrence’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event; (iii) the suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (civ) The Party affected by the occurrence no monetary obligations or default of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance are shall be excused as a result of the occurrence, but so long as the affected Party shall have commenced and is diligently continuing to attempt to cure such default prior to the occurrence of the Force Majeure Event, the cure period (if any) provided in Article 15 with respect to such default shall be extended on a day-for-day basis to the extent a cure actually is prevented as a result of the Force Majeure Event; (v) the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; and (evi) When the affected Party is able shall use all reasonable efforts to resume continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance. A Scope Change Order shall be executed by Concessionaire and Contractor as provided in Section 12.5 to account for the actual effect, if any, on Contractor’s performance of its obligations under this Lease, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunderas a result of a Force Majeure Event.

Excused Performance. Each 14.3.1 If either Party is or will be rendered wholly or partially prevented from performing its obligations under this Contract by a Force Majeure Event, then that Party (the "Affected Party") shall give notice to the other Party of the event or constituting the Force Majeure Event, including an estimation of its expected duration, and shall specify the obligations the performance of which is or will be prevented and any action proposed to remove or mitigate the effect of the Force Majeure Event. Such notice shall be given within fourteen (14) Days after the Affected Party became aware, or should have become aware, of the relevant event constituting the Force Majeure Event (and the Affected Party thereafter shall continue to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event). 14.3.2 The Affected Party shall, having given notice pursuant to clause 14.3.1, be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and of such obligations (to the extent that its failure of, or delay in, performance is due to an occurrence of so affected by the Force MajeureMajeure Event) for so long as such Force Majeure Event prevents it from performing them, provided that: (a) Such Party gives that the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, as soon as is reasonably practicable; (b) The suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence Force Majeure Event. 14.3.3 Notwithstanding any other provision of the this clause 14 (Force Majeure; (c) The Party affected by the occurrence of ), Force Majeure shall act diligently and use reasonable efforts not apply to remedy or remove obligations of either Party to make payments to the same and to mitigate other Party under the effects thereof, Contract provided always that such Party the Supplier shall not be required entitled to settle be paid by the Contracting Entity for any labor dispute on unfavorable terms;Goods which have been delivered by the Supplier and affected by an Force Majeure Event and in relation to which as a consequence the Contracting Entity has derived no benefit from them. (d) 14.3.4 No obligations liability of the either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance are shall be excused as a result of the occurrence; and. (e) When the affected 14.3.5 The Affected Party is able shall continue to resume performance perform all of its obligations under this Lease, such Party shall give hereunder which are not impaired by the other Party written notice to that effect and shall promptly resume performance hereunderForce Majeure Event.

Excused Performance. Each Except for payment obligations accruing in accordance with this Agreement, if either Party shall is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure event, that Party will be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure event to the extent that its failure ofso affected; provided, or delay inhowever, performance is due to an occurrence of Force Majeure, provided that: (ai) Such Party the non-performing Party, within two (2) working days after becoming aware of the occurrence of a Force Majeure event, gives the other Party written notice describing the particulars of the occurrence causing occurrence, including an estimation of its expected duration and probable impact on the performance of such Party’s obligations, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure, including Majeure event and the expected duration, as soon as is reasonably practicableeffects thereof; (bii) The suspension in the case of a Force Majeure event claimed by the Turnkey Contractor, the Turnkey Contractor exercises its Best Endeavours to preserve and safeguard the Works and the Facilities; (iii) any excuse of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure event; (civ) The no liability of either Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the Party for an event which arose before the occurrence of the Force Majeure causing the suspension of performance are event shall be excused as a result of the occurrence; (v) the non-performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; (vi) the non-performing Party shall use all reasonable efforts to continue to perform its obligations and to correct or cure the event or condition excusing performance; and (evii) When when the affected non-performing Party is able to resume performance of its obligations under this LeaseAgreement, such that Party shall give the other Party written notice to that effect and shall promptly resume performance hereunderperformance.

Excused Performance. Each Except for payment obligations accruing in accordance with this Agreement for Work that is not affected by a Force Majeure Event, if either Party shall is rendered wholly or partially unable to perform its obligations under the Agreement because of a Force Majeure Event, that Party will be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure Event to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, so affected; provided that: (a) Such Party The affected Party, within ten (10) business days after becoming aware of the occurrence of a Force Majeure Event, gives the other Party written notice describing the particulars of the occurrence causing occurrence, including an estimation of its expected duration and probable impact on the performance of such Party’s obligations, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure, including Majeure Event and the expected duration, as soon as is reasonably practicableeffects thereof; (b) The suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (c) The No liability of either Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the Party for an event which arose before the occurrence of the Force Majeure causing the suspension of performance are Event shall be excused as a result of the occurrence, except that the obligation for any on-going Late Completion Payments shall cease during the delay caused by the Force Majeure Event; and (ed) When The affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; provided, however, notwithstanding anything in this Agreement to the contrary, the affected Party is able shall not be obligated to resume accelerate its Work or otherwise incur costs which would not normally be incurred in performance of its obligations under this Leasethe Work in order to overcome any delay due to a Force Majeure Event, unless such Party is compensated for the costs resulting from such acceleration in accordance with Article 12. The Parties shall give execute a Change Order pursuant to Article 12 to equitably adjust the other Party written notice to that effect Contract Price and shall promptly resume performance hereunderProject Schedule as a result of each Force Majeure Event.

Excused Performance. Each Except for payment obligations accruing in accordance with this Agreement for Work that is not affected by a Force Majeure Event, if either Party shall is rendered wholly or partially unable to perform its obligations under the Agreement because of a Force Majeure Event, that Party will be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure Event to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, so affected; provided that: (a) Such Party The affected Party, within five (5) business days after becoming aware of the occurrence of a Force Majeure Event, gives the other Party written notice describing the particulars of the occurrence causing occurrence, including an estimation of its expected duration and probable impact on the performance of such Party’s obligations, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure, including Majeure Event and the expected duration, as soon as is reasonably practicableeffects thereof; (b) The suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (c) The No liability of either Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the Party for an event which arose before the occurrence of the Force Majeure causing the suspension of performance are Event shall be excused as a result of the occurrence, except that the obligation for any on-going Late Completion Payments shall cease during the delay caused by the Force Majeure Event; and (ed) When The affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; provided, however, notwithstanding anything in this Agreement to the contrary, the affected Party is able shall not be obligated to resume accelerate its Work or otherwise incur costs which would not normally be incurred in performance of its obligations under this Leasethe Work in order to overcome any delay due to a Force Majeure Event, unless such Party is compensated for the costs resulting from such acceleration in accordance with Article 12. The Parties shall give execute a Change Order pursuant to Article 12 to equitably adjust the other Party written notice to that effect Contract Price and shall promptly resume performance hereunderProject Schedule as a result of each Force Majeure Event.

Excused Performance. Each If either Party shall is rendered wholly or partly unable to perform its obligations under this Agreement because of a Force Majeure Event, that Party will be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure Event to the extent that its failure ofso affected, or delay in, performance is due to an occurrence of Force Majeure, provided PROVIDED that: (a) Such the non-performing Party gives the other Party written notice describing the particulars nature (in such detail as is reasonable under the circumstances) of the occurrence, including an estimation of its expected duration and probable impact on the performance of such Party's obligations hereunder, such notice to be delivered as promptly as practicable (but in no event more than five (5) days following the later to occur of (i) the date of the occurrence causing of the Force MajeureMajeure Event and (ii) with respect to the CTG Subcontract only, including the expected duration, as soon as is reasonably practicabledate on which the non-performing Party learns of such Force Majeure Event) and the non-performing Party thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event; (b) The the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (c) The Party affected by the occurrence no liability of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the either Party which arose due to events that occurred before the occurrence of the Force Majeure Event causing the suspension of performance are shall be excused as a result of the such occurrence; and (e) When the affected Party is able to resume performance of its obligations under this Lease, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder.;

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default default, or be liable in damages or otherwise to the other Party for damages, with respect to any obligation hereunderunder this Agreement, except the obligation to pay money in a timely manner for liabilities actually incurredmake payment as specified herein with respect to amounts which are due and payable under this Agreement, if and to the extent that its failure of, or delay in, performance is due to an occurrence event of Force Majeure; provided, provided that: (a) Such Party gives the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, Majeure as soon as is reasonably practicablepracticable but in no event later than five (5) days after the Party first becomes aware of the occurrence or commencement of such event; (b) The suspension or delay of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence event of the Force Majeure; (c) The Party affected No default by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the affected Party which arose occurred before the occurrence of Force Majeure causing the suspension of performance are is excused as a result of the occurrence; (d) The Party uses its reasonable efforts to overcome or mitigate the effects of such occurrence; and (e) When the affected Party is able to resume performance of its obligations under this LeaseAgreement, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder. For avoidance of doubt, interruption of firm gas supply or transportation due to an event of Force Majeure shall excuse performance by CPS as provided in this section; and failure of Carr ▇▇ perform its obligations hereunder caused by CPS' failure to deliver Fuel shall excuse performance by Carr.

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except for performance of the obligation to pay money in a timely manner for liabilities services actually incurredperformed, if and to the extent that its failure of, or delay in, performance is due to an occurrence of caused by a Force Majeure, Majeure Event; provided that: : (ai) Such such Party gives the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, Majeure Event and demonstrating it has satisfied all conditions of claiming relief under this Section 8.2 as soon as is reasonably practicable; practicable and in any event within ten (b10) The Business Days after the Party first becomes aware of the occurrence of the Force Majeure Event affecting its performance hereunder, and, thereafter, no less frequently than once every fourteen (14) days, such Party provides a written update regarding efforts undertaken to overcome the cause and effects of such Force Majeure Event and resume full performance of its obligations under this Agreement; (ii) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; Event; (diii) No no obligations of the Party which that arose before the occurrence of Force Majeure causing the suspension of performance are shall be excused as a result of the occurrence; and (eiv) When the affected Party uses its commercially reasonable efforts to overcome or mitigate the effects of such occurrence; and (v) when the Party is able to resume performance of its obligations under this LeaseAgreement, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder.

Excused Performance. Each If either Party shall is rendered wholly or partially unable to perform its obligations under this Contract because of a Force Majeure Event, that party will be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure event to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, so affected provided that: (a) Such The affected Party gives the other Party written notice Written Notice of the occurrence of the Force Majeure Event as soon as practicable after the occurrence of the Force Majeure Event and also gives the other Party Written Notice describing in reasonable detail the particulars of such occurrence, including an estimation of its expected duration and probable impact on the occurrence causing performance of such Party's obligations hereunder, and thereafter continues to furnish thereto timely regular reports with respect to continuation of the Force Majeure, including the expected duration, as soon as is reasonably practicableMajeure Event; (b) The suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence No liability of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance are shall be excused as a result of the occurrence; and; (d) The affected Party shall exercise all reasonable efforts to mitigate or limit Damages to the other Party; e) The affected Party shall use its best efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance; f) When the affected Party is able to resume performance of its obligations under this LeaseContract, such that Party shall give the other Party written notice Written Notice to that effect and shall promptly resume performance hereunder.

Excused Performance. Each If Owner or Contractor is rendered wholly or partially unable to perform its obligations (other than any payment obligations) under this Agreement because of the occurrence of a Force Majeure Event, that Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except whatever obligations are affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure Event to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeureso affected, provided that:that:‌ (a) Such the affected Party gives the other Party prompt oral notification, followed by written notice notice, describing the particulars of the occurrence causing the Force MajeureMajeure Event known to such affected Party, including an estimation of its expected duration and probable impact on the expected duration, as soon as is reasonably practicable;performance of such Party’s obligations hereunder;‌ (b) The the notice described in subparagraph (a) above shall be given promptly after the occurrence of the Force Majeure Event, and in no event shall the written notice be given more than five (5) days after the affected Party becomes aware of such occurrence unless the Force Majeure Event prevents the giving of such notice; (c) the suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable termsEvent; (d) No the affected Party shall use all commercially reasonable efforts to minimize the delay, and shall continue to perform its obligations of hereunder to the Party which arose before the occurrence of Force Majeure causing the suspension of extent that performance are excused as a result of the occurrence; andis not excused; (e) When when the affected Party is able to resume performance of its the affected obligations under this LeaseAgreement, such that Party shall give the other Party written notice to that effect and the affected Party promptly shall promptly resume performance hereunderof the affected obligations under this Agreement; and (f) any such Force Majeure Event shall only excuse performance of the affected obligation to the extent and so long as the conditions caused by the Force Majeure Event exist and directly impact the critical path of the Project Schedule.

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to To the extent that the Affected Party is rendered wholly or partly unable to perform its failure of, or delay in, performance is due to an occurrence obligations under this Agreement because of a Force Majeure, provided thatMajeure Event: (ai) Such the Affected Party’s performance of such obligations (except for its payment obligations) shall be excused; (ii) the Affected Party gives shall give written notice to the other Party written notice describing the particulars of the occurrence causing the Force Majeure, including the expected duration, as soon as is reasonably practicablepracticable under the circumstances after the Affected Party becomes aware of the Force Majeure Event; (biii) The the suspension of performance is resulting from such Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (civ) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No no obligations of the either Party which arose before the occurrence of Force Majeure causing the suspension of performance are excused as a result of the occurrence, except to the extent the occurrence prevents their completion; (v) the Affected Party must continue to perform its obligations under this Agreement to the extent commercially reasonable, and the Affected Party must use commercially reasonable efforts to overcome, cure, remove, otherwise correct, minimize and contain costs and expenses and mitigate and remedy the damages, delays and effects of the Force Majeure Event and its inability to perform its obligations under this Agreement as a result thereof; and (evi) When when the affected Affected Party is able to resume performance of its obligations under this Leasehereunder, such that Party shall give the other Party written notice to that effect and shall promptly resume performance hereundersuch performance.

Excused Performance. Each If either Party is rendered wholly or partly unable to perform its obligations under this Agreement because of a Force Majeure, that Party shall be excused from whatever performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except is affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, so affected; provided that: (a) Such the non-performing Party gives the other Party prompt written notice (but in any event no later than seven (7) days after the occurrence) describing the particulars of the occurrence causing occurrence, including an estimation of its expected duration and probable impact on the performance of such Party's obligation hereunder, and thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure, including the expected duration, as soon as is reasonably practicable; (b) The the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence of Force Majeure (it being understood by the Parties that the Party who had suspended performance due to the Force Majeure shall have a reasonable time period to resume such performance after the termination of such Force Majeure, provided, further, such Party uses all reasonable efforts to resume such performance as soon as practicable); (c) The the non-performing Party affected by the occurrence of Force Majeure shall act diligently and use exercises all reasonable efforts to remedy mitigate or remove limit damages to the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable termsother Party; (d) No the non-performing Party uses all reasonable efforts to continue to perform its obligations of hereunder and to correct or cure the Party which arose before the occurrence of Force Majeure causing the suspension of performance are excused as a result of the occurrenceevent or condition excusing performance; and (e) When when the affected non-performing Party is able to resume performance of its obligations under this LeaseAgreement, such that Party shall give the other Party prompt written notice to that effect and shall promptly resume performance hereunder.

Excused Performance. Each If a Party shall is rendered wholly or partially unable to perform its obligations under the Contract Documents because of a Force Majeure Event, then that Party will be excused from performance hereunder and shall not be considered to be (but in default or be liable in damages or otherwise with respect to any obligation hereunderthe case of Contractor, except the obligation to pay money in a timely manner for liabilities actually incurred, if and solely to the extent that its failure of, or delay in, provided in a Scope Change Order entered into pursuant to Section 12.6) from whatever performance is due affected by the Force Majeure Event to an occurrence of Force Majeurethe extent so affected, provided provided, that: (ai) Such the affected Party gives the other Party written notice describing the particulars of the occurrence causing promptly after the occurrence of the Force MajeureMajeure Event, including and, in no event more than seven (7) days after the expected duration, as soon as is reasonably practicableaffected Party becomes aware of such occurrence; (bii) The within seven (7) days after giving the notice described in clause (a) above, the affected Party gives the other Party its best estimate of the occurrence’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event; (iii) the suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (civ) The Party affected by the occurrence no monetary obligations or default of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance are shall be excused as a result of the occurrence, but so long as the affected Party shall have commenced and is diligently continuing to attempt to cure such default prior to the occurrence of the Force Majeure Event, the cure period (if any) provided in Article 15 with respect to such default shall be extended on a day-for-day basis to the extent a cure actually is prevented as a result of the Force Majeure Event; (v) the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; and (evi) When the affected Party is able shall use all reasonable efforts to resume continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance. A Scope Change Order shall be executed by Concessionaire and Contractor as provided in Section 12.6 to account for the actual effect, if any, on Contractor’s performance of its obligations under this Lease, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunderas a result of a Force Majeure Event.

Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of a Force MajeureMajeure Event; provided, provided that: (a) Such Party gives the other Party written notice describing the particulars of the occurrence causing the Force MajeureMajeure Event, including the expected duration, as soon as is reasonably practicable, but in no event later than ten (10) days after the occurrence of such event; (b) The suspension of performance is of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force MajeureMajeure Event; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and Event uses its Best Commercial Efforts to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) No obligations of the Party which arose before the occurrence of Force Majeure causing the suspension of performance are excused as a result of the occurrence; and (e) When the affected Party is able to resume performance of its obligations under this LeaseAgreement, such Party shall give the other Party written notice to that effect and shall promptly resume performance hereunder.

Excused Performance. Each If Owner or Contractor is rendered wholly or partially unable to perform its obligations (other than any payment obligations) under this Agreement because of the occurrence of a Force Majeure Event, that Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except whatever obligations are affected by the obligation to pay money in a timely manner for liabilities actually incurred, if and Force Majeure Event to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeureso affected, provided that: (a) Such the affected Party gives the other Party prompt oral notification, followed by written notice notice, describing the particulars of the occurrence causing the Force MajeureMajeure Event known to such affected Party, including an estimation of its expected duration and probable impact on the expected duration, as soon as is reasonably practicableperformance of such Party’s obligations hereunder; (b) The the notice described in subparagraph (a) above shall be given promptly after the occurrence of the Force Majeure Event, and in no event shall the written notice be given more than five (5) days after the affected Party becomes aware of such occurrence unless the Force Majeure Event prevents the giving of such notice; (c) the suspension of performance is shall be of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure shall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable termsEvent; (d) No the affected Party shall use all commercially reasonable efforts to minimize the delay, and shall continue to perform its obligations of hereunder to the Party which arose before the occurrence of Force Majeure causing the suspension of extent that performance are excused as a result of the occurrence; andis not excused; (e) When when the affected Party is able to resume performance of its the affected obligations under this LeaseAgreement, such that Party shall give the other Party written notice to that effect and the affected Party promptly shall promptly resume performance hereunderof the affected obligations under this Agreement; and (f) any such Force Majeure Event shall only excuse performance of the affected obligation to the extent and so long as the conditions caused by the Force Majeure Event exist and directly impact the critical path of the Project Schedule.