Common use of Extension for Force Majeure Event Clause in Contracts

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is is, or reasonably expects that it will be be, delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) Conditions which are delayed or expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset Date (as relevant) or are adversely affected; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use its best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant), and LTES Operator must promptly provide that information to SFV; and (ii) subject to paragraph (c), must confirm confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of:granted; and (AB) the new COD Target Date or COD Sunset Date (as relevant), (C) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (BD) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. ‌ (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must:must:‌ (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of:of:‌ (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions;Conditions;‌ (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV:SFV:‌ (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); andand‌ (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, Conditions or the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions;, (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i). (c) If LTES Operator is prevented or delayed in achieving the Commercial Operations Date by the COD Target Date due to a Force Majeure Event, then the COD Target Date may be extended by one day for each day of delay, provided the COD Target Date may not be extended: (i) in the case of a Project Force Majeure Event, beyond the date that is the earlier of, the date that is 6 months after the COD Target Date set out in item 9 of the Reference Details (disregarding any extensions) and the COD Sunset Date; and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.

Extension for Force Majeure Event. ‌ (a) If LTES Operator is is, or reasonably expects that it will be be, delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must:must:‌ (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of:of:‌ (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) Conditions which are delayed or expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset Date (as relevant) or are adversely affected; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions;Conditions;‌ (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use its best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV:SFV:‌ (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant), and LTES Operator must promptly provide that information to SFV; andand‌ (ii) subject to paragraph (c), must confirm confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of:granted; and (AB) the new COD Target Date or COD Sunset Date (as relevant), (C) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (BD) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of:: DRAFT (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, or the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions;, (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions; (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i). (c) If LTES Operator is prevented or delayed in achieving the Commercial Operations Date by the COD Sunset Date due to a Force Majeure Event, then the COD Sunset Date may be extended by one day for each day of delay, provided the COD Sunset Date may not be extended: (i) in the case of a Project Force Majeure Event, beyond the date that is [18 / 24] months after the COD Sunset Date set out in item 9 of the Reference Details (disregarding any extensions); and [Note: for bids where LTES Operator seeks only an LTESA and not an Access Right, this period should read “18 months”. For bids where LTES Operator seeks both an LTESA and an Access Right, this period should read “24 months”.] (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.

Extension for Force Majeure Event. (a) If LTES Operator is or reasonably expects that it will be delayed in satisfying the Generation COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then LTES Operator must: (i) notify SFV of the occurrence of a Force Majeure Event as soon as reasonably practicable (and no later than 5 Business Days after the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any Generation COD Conditions, the COD Target Date and the COD Sunset Date (as relevant) which are delayed or expected to be delayed by the Force Majeure Event; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions;, (ii) keep SFV informed of any material changes or developments to the information provided to SFV in the notice under subparagraph (i); and (iii) use best endeavours to overcome and mitigate the impact of the Force Majeure Event. (b) On receiving LTES Operator’s notice under subparagraph (a)(i), SFV: (i) may request any further information from LTES Operator that SFV reasonably requires in order to assess the impact of the Force Majeure Event on LTES Operator’s achievement of the Generation COD Conditions (as relevant); and (ii) subject to paragraph (c), must confirm whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by LTES Operator under subparagraph (a)(i)(D) is granted by the later of: (A) 20 Business Days after receiving LTES Operator’s notice under subparagraph (a)(i); and (B) 20 Business Days after receiving any further information that SFV has requested from LTES Operator under subparagraph (b)(i).