Common use of Failure to Perform Due to Force Majeure Clause in Contracts

Failure to Perform Due to Force Majeure. No Party shall be liable to any other Party for breach of this Agreement as a result of a failure to perform or for delay in performance of any provision of this Agreement if such performance is delayed or prevented by force majeure. The term "force majeure" means any cause reasonably beyond the affected Party's control, whether unforeseen, foreseen, foreseeable, or unforeseeable, and without the fault or negligence of the affected Party. Force majeure may include, but is not limited to, natural events, labor or civil disruption, breakdown or failure of Project works, orders of any court or agency having jurisdiction of the Party's actions, or delay in issuance of any required permit. Increased cost for the performance of any decommissioning measures or change in market conditions for the sale of electricity shall not be deemed to constitute force majeure, provided that PacifiCorp will not be obligated to perform measures in excess of the commitments specified in this Agreement. The Party whose performance is affected by force majeure shall notify the other Parties in writing within seven days after becoming aware of any event that such affected Party contends constitutes force majeure. Such notice will identify the event causing the delay or anticipated delay, estimate the anticipated length of delay, state the measures taken or to be taken to minimize the delay, and estimate the timetable for implementation of the measures. The affected Party shall make all reasonable efforts to promptly resume performance of this Agreement and, when able, to resume performance of its obligations and give the other Parties written notice to that effect.

Failure to Perform Due to Force Majeure. No Neither Party shall be liable to any the other Party for breach of this Agreement as a result of a failure to perform or for delay in performance of any provision of this Agreement if such performance is delayed or prevented by force majeureForce Majeure. The term "force majeure" “Force Majeure” means any cause reasonably beyond the affected Party's ’s control, whether unforeseen, foreseen, foreseeable, or unforeseeable, and without the fault or negligence of the affected Party. Force majeure Majeure may include, but is not limited to, natural events, labor or civil disruption, breakdown or failure of Project works, orders of any court or agency having jurisdiction of the Party's ’s actions, delay in issuance of the FERC License, or delay in issuance of any required permitPermit. Increased cost for the performance of any decommissioning measures obligation required under this Agreement or change in market conditions for the sale of electricity shall not be deemed to constitute force majeure, provided that PacifiCorp will not be obligated to perform measures in excess of the commitments specified in this AgreementForce Majeure. The Party whose performance is affected by force majeure Force Majeure shall notify the other Parties Party in writing within seven 21 days after becoming aware of any event that such affected Party contends constitutes force majeurethe Party’s inability to perform due to a Force Majeure. Such notice will shall identify the event causing the delay or anticipated delay, estimate the anticipated length of delay, state the measures taken or to be taken to minimize the delay, and estimate the timetable for implementation of the measuresdelayed obligations. The affected Party shall make all reasonable efforts to promptly resume performance of this Agreement and, when able, to resume performance of its obligations and give the other Parties Party written notice to that effect. If WID’s inability to provide funding or perform a habitat mitigation project continues or is reasonably anticipated to continue for more than 180 days due to Force Majeure, ODFW may initiate ADR Procedures, terminate the study or habitat enhancement project, or pursue any other remedy available under applicable law in state court.

Failure to Perform Due to Force Majeure. No Neither Party shall be liable to any the other Party for breach of this Agreement as a result of a failure to perform or for delay in performance of any provision of this Agreement if such performance is delayed or prevented by force majeureForce Majeure. The term "force majeure" “Force Majeure” means any cause reasonably beyond the affected Party's ’s control, whether unforeseen, foreseen, foreseeable, or unforeseeable, and without the fault or negligence of the affected Party. Force majeure Majeure may include, but is not limited to, natural events, labor or civil disruption, breakdown or failure of Project works, orders of any court or agency having jurisdiction of the Party's ’s actions, delay in issuance of the FERC License, or delay in issuance of any required permitPermit. Increased cost for the performance of any decommissioning measures obligation required under this Agreement or change in market conditions for the sale of electricity shall not be deemed to constitute force majeure, provided that PacifiCorp will not be obligated to perform measures in excess of the commitments specified in this AgreementForce Majeure. The Party whose performance is affected by force majeure Force Majeure shall notify the other Parties Party in writing within seven twenty-one (21) days after becoming aware of any event that such affected Party contends constitutes force majeurethe Party’s inability to perform due to a Force Majeure. Such notice will shall identify the event causing the delay or anticipated delay, estimate the anticipated length of delay, state the measures taken or to be taken to minimize the delay, and estimate the timetable for implementation of the measuresdelayed obligations. The affected Party shall make all reasonable efforts to promptly resume performance of this Agreement and, when able, to resume performance of its obligations and give the other Parties Party written notice to that effect. If Xxxxx County’s inability to provide funding or perform a screening mitigation project continues or is reasonably anticipated to continue for more than 180 days due to Force Majeure, ODFW may initiate ADR Procedures, screening mitigation project, or pursue any other remedy available under applicable law in state court.