Common use of Extended Force Majeure Event After Commercial Operations Clause in Contracts

Extended Force Majeure Event After Commercial Operations. If an -------------------------------------------------------- Affected Party reasonably believes that a Force Majeure Event that is preventing it from performing its obligations hereunder could result in a suspension of such performance for a period of one (1) month or longer, the Affected Party shall submit a plan to the other Party to overcome the Force Majeure Event. Such plan shall be submitted within thirty (30) Business Days of the start of the Force Majeure Event. The plan shall set forth a course of repairs, improvements, changes to operations or other actions which could reasonably be expected to permit the Affected Party to resume performance its obligations under this Agreement within a reasonable time frame projected in the plan. While such a plan is in effect, the Affected Party shall provide weekly status reports to the other Party notifying the other Party of the steps which have been taken to remedy the Force Majeure Event and the expected remaining duration of the Party's inability to perform its obligations. If the Force Majeure Event has not been overcome within five (5) months from its inception, the Parties shall meet to reassess the amount of time that is likely to pass before the Affected Party can reasonably be expected to resume performance under this Agreement, and Seller shall have thirty (30) days to establish a revised plan to overcome the Force Majeure Event within twelve (12) months of its beginning. If at the end of such thirty (30) days one or both of the Parties reasonably concludes that the Force Majeure Event cannot be reasonably be expected to be overcome within twelve months of the beginning of the Force Majeure Event, the Party that is not the Affected Party may terminate this Agreement with five (5) days notice to the Affected Party. If the Affected Party is Seller and the Force Majeure Event only materially impacts the operation of one Unit, then any termination by Buyer will be as to the impacted Unit only. Notwithstanding Buyer's election not to terminate this Agreement, Buyer shall nonetheless have the right to terminate this Agreement, if Seller has failed to remedy the effects of the Force Majeure Event within twelve months of its inception such that the Facility is capable of delivering the Net Dependable Capacity and meeting other performance criteria hereunder. Upon termination of this Agreement as provided in this Section 19.6, the Parties shall have no further liability or obligation to each other except for any obligation arising prior to the date of such termination and those that survive termination as listed in Section 2.2. In addition to the foregoing, the Party not prevented from performing its obligations due to the Force Majeure Event may terminate this Agreement upon ten (10) Days prior written notice if (a) the Affected Party fails to provide a Force Majeure remedy plan as provided for in this Section 19.6, (b) the Affected Party fails to carry out the Force Majeure remedy plans in a method reasonably designed to cause that Party to be able to perform it obligations hereunder within twelve (12) months of the Force Majeure Event occurring, or (c) within five (5) Business Days after a request therefor fails to provide a weekly status report to the other Party.

Extended Force Majeure Event After Commercial Operations. If an -------------------------------------------------------- Affected Party reasonably believes that a Force Majeure Event that is preventing it from performing its obligations hereunder could result in a suspension of such performance for a period of one (1) month or longer, the Affected Party shall submit a plan to the other Party to overcome the Force Majeure Event. Such plan shall be submitted within thirty (30) Business Days of the start of the Force Majeure Event. The plan shall set forth a course of repairs, improvements, changes to operations or other actions which could reasonably be expected to permit the Affected Party to resume performance its obligations under this Agreement within a reasonable time frame projected in the plan. While such a plan is in effect, the Affected Party shall provide weekly status reports to the other Party notifying the other Party of the steps which have been taken to remedy the Force Majeure Event and the expected remaining duration of the Party's inability to perform its obligations. If the Force Majeure Event has not been overcome within five (5) months from its inception, the Parties shall meet to reassess the amount of time that is likely to pass before the Affected Party can reasonably be expected to resume performance under this Agreement, and Seller shall have thirty (30) days to establish a revised plan to overcome the Force Majeure Event within twelve (12) months of its beginning. If at the end of such thirty (30) days one or both of the Parties reasonably concludes that the Force Majeure Event cannot be reasonably be expected to be overcome within twelve months of the beginning of the Force Majeure Event, the Party that is not the Affected Party may terminate this Agreement with five (5) days notice to the Affected Party. If the Affected Party is Seller and the Force Majeure Event only materially impacts the operation of one Unit, then any termination by Buyer will be as to the impacted Unit only. Notwithstanding Buyer's election not to terminate this Agreement, Buyer shall nonetheless have the right to terminate this Agreement, if Seller has failed to remedy the effects of the Force Majeure Event within twelve months of its inception such that the Facility is capable of delivering the Net Dependable Capacity and meeting other performance criteria hereunder. Upon termination of this Agreement as provided in this Section 19.6, the Parties shall have no further liability or obligation to each other except for any obligation arising prior to the date of such termination and those that survive termination as listed in Section 2.2. In addition to the foregoing, the Party not prevented from performing its obligations due to the Force Majeure Event may terminate this Agreement upon ten (10) Days prior written notice if (a) the Affected Party fails to provide a Force Majeure remedy plan as provided for in this Section 19.6, (b) the Affected Party fails to carry out the Force Majeure remedy plans in a method reasonably designed to cause that Party to be able to perform it obligations hereunder within twelve (12) months of the Force Majeure Event occurring, or (c) within five (5) Business Days after a request therefor fails to provide a weekly status report to the other Party.