Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excused. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.
Appears in 9 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excused. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.. 59
Appears in 2 contracts
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excused. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.. 1Article XVI
Appears in 1 contract
Samples: Purchase and Sale Agreement
Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excused. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.. Force Majeure
Appears in 1 contract
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excusedexcused and suspended. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.
Appears in 1 contract
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
Failure to Extend BOEM Lease. In the event that the Contract Delivery Term exceeds the duration of Seller’s offshore wind lease issued by BOEM, Seller shall use commercially reasonable efforts to seek an extension of the lease as necessary to allow the Seller to fulfill its obligations under this Agreement. If Seller is unable, wholly or in part, to perform its obligations under this Agreement due to expiration of the operations term of such lease or denial of its extension request, such non-performance shall be excusedexcused and suspended. Seller shall not be liable for any losses or damages arising out of a failure to perform that occurs due to expiration of the operations term of its offshore wind lease.. 1Article XVI
Appears in 1 contract
Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement
