Extended Force Majeure. (a) Either Party may, in its sole and unfettered discretion, terminate this Agreement by notice to the other Party if the other Party invokes Force Majeure in accordance with this Article 15 for three hundred sixty-five (365) or more consecutive days provided notice is given within ninety (90) days after the right of termination arises.
Extended Force Majeure. If, after 45 consecutive Days have elapsed since the commencement of a Force Majeure continuously affecting any Plant, and Buyer has been rendered and remains unable, wholly or in part, by such Force Majeure to accept delivery of a quantity of Feedstock during a given Contract Year equal to the Annual Quantity, then
(a) the Annual Quantity shall be reduced by a quantity of Feedstock equal to the annualized average of such shortfall, (b) Seller shall be credited such portion of the Feedstock Shortfall Fee(s) paid during the Contract Year (if any) for such deficient quantities, and (c) if (but only if) both Parties are entitled to insurance proceeds from the same insurance carrier, Buyer shall be entitled to any insurance proceeds from such carrier accruing during such extended period of Force Majeure on a first priority basis. Buyer shall notify Seller as soon as reasonably practicable if and when Buyer determines such Force Majeure is no longer continuing. Upon receipt of such notice by Seller, the Parties’ respective obligations during such Contract Year to sell and tender, and purchase and receive, a quantity of Feedstock equal to the Annual Quantity, less that quantity of Feedstock determined in accordance with clause (a) above, shall be reinstated for all purposes hereunder.
Extended Force Majeure. Powerlink may notify the Customer that this agreement is terminated if:
(a) a party has notified the other party of a Force Majeure Event under clause 29.7 (“Notice of Force Majeure Event”); and
(b) either:
(i) the Force Majeure Event has continued for more than 6 months from the date of the notice; or
(ii) in Powerlink’s reasonable opinion, the Force Majeure Event has and is likely to continue to have a material adverse effect on the ability of either party to comply with its obligations under clause 1 (“Transmission Services”) for a substantial period of time.
Extended Force Majeure. A Party is excused because of Force Majeure (as defined in Section 11 herein) for more than thirty (30) days from performing any of its material obligations under this Agreement.
Extended Force Majeure. If, after deliveries have commenced hereunder, an event of Force Majeure significantly affects the amount of Carbon Dioxide Transporter is capable of delivering for a consecutive period of 180 days, then, at any time after such period and prior to the time such event has been remedied, Shipper may cancel this Agreement.
Extended Force Majeure. In the event an event of Force Majeure hereunder or under any of the Related Agreements continues for thirty (30) days or more, then Owner shall have the right, upon delivery of thirty (30) days advance written notice to Operator, to cause Operator to de-mobilize, and effective thirty (30) days after Operator's receipt of such notice, Owner shall be permanently relieved of the obligation to make payment of the O&M Fee to Operator for those months during such extended event of Force Majeure that Operator is de-mobilized. Owner shall pay all costs and expenses incurred in connection with de-mobilization and re-mobilization to the extent such costs and expenses are approved in writing by Owner. In addition, if such de-mobilization continues for a period of one hundred eighty (180) or more consecutive days then Owner may terminate Agreement by delivering written notice of termination to Operator, such termination to be effective no earlier than thirty (30) days after Operator's receipt of such notice.
Extended Force Majeure. If a Force Majeure event affecting the total DCQ lasts for twenty-four (24) consecutive months and the Parties do not foresee that the Force Majeure situation will be resolved in the foreseeable future, either Party shall have the right to terminate this Agreement by notice to the other Party. If a Force Majeure event affecting a portion of the DCQ lasts for twenty-four (24) consecutive months and the Parties do not foresee that the Force Majeure situation will be resolved in the foreseeable future, either Party shall have the right to reduce the DCQ by a corresponding amount by notice to the other Party.
Extended Force Majeure. If a Force Majeure Event notified by either Party under paragraph (i) above continues for a consecutive period of one hundred eighty (180) days or more within a twelve (12) month period, then either Party may terminate this Agreement without either Party having further liability under this Agreement except: (a) liabilities accrued prior to termination, (b) Seller shall remove the System as required under Section 9 (but Purchaser shall reimburse Seller for Seller’s removal costs if the Force Majeure Event affects Purchaser and Purchaser elects to terminate the Agreement) and (b) if Purchaser elects to terminate the Agreement in accordance with this Section, Purchaser shall pay the applicable Termination Payment. Notwithstanding the foregoing, if the Force Majeure Event can be corrected through repair or restoration of the System or other actions by Seller and, prior to expiration of the initial one hundred eighty (180)-day period, Seller provides written evidence to Purchaser that it is diligently pursuing such actions, then Purchaser shall not have the right to terminate this Agreement so long as Seller continues to diligently pursue such actions.
Extended Force Majeure. If Force Majeure continues for a consecutive period of one hundred eighty (180) days or more within a twelve (12) month period, then either Party may terminate this Agreement without either Party having further liability under this Agreement except liabilities accrued prior to termination.
Extended Force Majeure. If Force Majeure or repeated Force Majeure impedes or is expected to impede in full or in part the fulfillment of a Party’s obligations for a period of more than 120 consecutive Business Days or 180 Business Days, in each case of a Gas Year, the Parties will seek to negotiate a solution acceptable to the Parties. If the Parties are unable to agree on a solution within 30 Business Days after a request has been made for a negotiated solution, the Party/Parties having claimed Force Majeure is/are entitled to terminate this Agreement if affected by the Force Majeure situation.
