Common use of Force Majeure Defined Clause in Contracts

Force Majeure Defined. The term “Force Majeure” as employed herein means acts of God, by the elements, strikes, lockouts, differences with workmen, or other industrial or labor disturbances, act of the public enemy, wars, military operations, national emergency, insurrections, riots, lightning, earthquakes, fires, storms, floods, high water, washouts, restraints of government, federal or State, civil or military and of people, acts or restrictions of civil or military authority or governmental offices acting under some chain of authority, by any governmental regulations, or any Applicable Law, or action of any court of the federal, state or local government, civil disturbances, explosions, regularly scheduled turnarounds, breakage or accident to machinery, equipment, tankage or lines of pipe, the necessity or desirability for making repairs to or alterations or maintenance of machinery, equipment, tankage or lines of pipe, loss of redelivery point, equipment or facility breakdown, freezing of xxxxx or of pipelines, wellbore failures, uncontrolled surfacing of CO2, and any cause or causes, whether the kind enumerated or otherwise, not reasonably within control of the Party claiming suspension in which by the exercise of reasonable diligence such Party will be unable wholly or in part to prevent or overcome. Such term shall likewise include: (a) in those instances where either Party hereto is required to obtain servitudes, rights-of-way grants, Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or the delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, rights-of-way grants or Permits, and (b) in those instances where either Party hereto is required to furnish materials and supplies for the purpose of constructing or maintaining facilities or is required to secure Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such materials and supplies or Permits; provided, however, the term “Force Majeure” does not mean or include any cause which by the exercise of reasonable diligence the Party claiming suspension could overcome. Settlement of strikes, lockouts or other labor disputes shall be entirely within the discretion of the Party having the difficulty and the above requirement that any Force Majeure must be remedied with all reasonable dispatch and must not be a cause which can be prevented by the exercise of reasonable diligence shall not require the settlement or prevention of strikes, lockouts or other labor disputes by acceding to the demand of opposing parties when such course is inadvisable in the sole discretion of the Party having the difficulty.

Force Majeure Defined. The term “Force Majeure” ”, as employed herein used herein, means an event that (i) was not within the control of the party claiming its occurrence; and (ii) could not have been prevented by such party through the exercise of due diligence. Events of Force Majeure shall include acts of God, by the elements, strikes, lockoutslockouts or industrial disputes or disturbances, differences civil disturbances, arrest and restraint of rulers or people, interruptions by government or court orders, necessity for compliance with workmenany present and future valid orders of court, or other industrial any law, statute, ordinance or labor disturbancesregulation promulgated by any governmental or regulatory authority having proper jurisdiction, act acts of the public enemy, wars, military operationsriots, national emergencyblockades, insurrections, riotsincluding inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, high water, washouts, restraints of government, federal or State, civil or military inclement weather which necessitates extraordinary measures and of people, acts or restrictions of civil or military authority or governmental offices acting under some chain of authority, by any governmental regulations, or any Applicable Law, or action of any court of the federal, state or local government, civil disturbancesexpense to construct facilities and/or maintain operations, explosions, regularly scheduled turnaroundspartial or entire failure of gas supply, breakage or accident to machinery, equipment, tankage compressors or lines of pipe, freezing of xxxxx, compressors or pipelines, inability to obtain or delays in obtaining materials, easements or rights-of-way (provided they were pursued with diligence and in a timely manner), inability of downstream markets to take gas or liquids or market failure due to conditions other than price, the necessity or desirability shutting in of facilities for the making repairs to or of repairs, alterations or maintenance to xxxxx, pipelines or plants, or any other cause whether of machinery, equipment, tankage or lines of pipe, loss of redelivery point, equipment or facility breakdown, freezing of xxxxx or of pipelines, wellbore failures, uncontrolled surfacing of CO2, and any cause or causes, whether the kind herein enumerated or otherwise, not reasonably within the control of the Party party claiming suspension in which by the exercise of reasonable diligence such Party will be unable wholly or in part to prevent or overcome. Such term shall likewise include: (a) in those instances where either Party hereto is required to obtain servitudes, rights-of-way grants, Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or the delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, rights-of-way grants or Permits, and (b) in those instances where either Party hereto is required to furnish materials and supplies for the purpose of constructing or maintaining facilities or is required to secure Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such materials and supplies or Permits; provided, however, the term “Force Majeure” does not mean or include any cause which by the exercise of reasonable diligence the Party claiming suspension could overcome. Settlement of strikes, lockouts or other labor disputes shall be entirely within the discretion of the Party having the difficulty and the above requirement that any Force Majeure must be remedied with all reasonable dispatch and must not be a cause which can be prevented by the exercise of reasonable diligence shall not require the settlement or prevention of strikes, lockouts or other labor disputes by acceding to the demand of opposing parties when such course is inadvisable in the sole discretion of the Party having the difficulty”.

Force Majeure Defined. The term “Force Majeure” as employed herein "force majeure" means an event that (i) was not within the control of the Party claiming its occurrence; and (ii) could not have been prevented or avoided by such Party through the exercise of due diligence. Events of force majeure include, without limitation by enumeration, acts of God, by the elements, strikes, lockouts, differences with workmen, or other industrial or labor disturbances, act of the public enemy, wars, military operations, national emergency, insurrections, riots, ; lightning, hurricanes or storms, hurricane or storm warnings which in Producer's judgment require and result in the precautionary shut-down or evacuation of production facilities; earthquakes, epidemics, fires, storms, floods, high waterlandslides, washouts, restraints of government, federal or State, civil or military and of people, acts or restrictions of civil or military authority or governmental offices acting under some chain of authority, by any governmental regulations, or any Applicable Law, or action of any court of the federal, state or local government, civil disturbances, explosions, regularly scheduled turnarounds, breakage or accident to machinery, equipment, tankage or lines of pipe, the necessity or desirability for making repairs to or alterations or maintenance of machinery, equipment, tankage or lines of pipe, loss of redelivery point, equipment or facility breakdown, freezing of xxxxx or lines of pipelines, wellbore failures, uncontrolled surfacing pipe used to supply Committed Gas under this Agreement and other similar severe natural calamities; acts of CO2, public enemy; wars; blockades; insurrections; riots; civil disturbances and any cause or causes, whether the kind enumerated or otherwise, not reasonably within control of the Party claiming suspension in which by the exercise of reasonable diligence such Party will be unable wholly or in part to prevent or overcome. Such term shall likewise include: (a) in those instances where either Party hereto is required to obtain servitudes, rights-of-way grants, Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or the delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, rights-of-way grants or Permits, and (b) in those instances where either Party hereto is required to furnish materials and supplies for the purpose of constructing or maintaining facilities or is required to secure Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such materials and supplies or Permitsarrests; provided, however, the term “Force Majeure” does not mean or include any cause which by the exercise of reasonable diligence the Party claiming suspension could overcome. Settlement of strikes, lockouts or other labor disputes shall be entirely within industrial disturbances; explosions, breakage, accidents to xxxxx, equipment, facilities or lines of pipe used to enable Producer to deliver or Dynegy to receive Committed Gas under this Agreement; events of force majeure declared by transporting pipelines; imposition by a regulatory agent, court or other governmental authority having jurisdiction of binding laws, conditions, limitations, orders, rules or regulations that prevent or prohibit either Party from performing, provided such governmental action has been resisted in good faith by all reasonable legal means; or any other cause of a similar type. The Parties recognize that Dynegy is not required by this Agreement to utilize firm transportation to receive Committed Gas from Producer at each Delivery Point, but it is the discretion intent of both Parties that transportation or sales arrangements downstream of the Party having Delivery Points be made by Dynegy in such a manner that the difficulty and the above requirement that any Force Majeure must possibility of a curtailment of Committed Gas due to curtailment of interruptible transportation or recall of acquired transportation be remedied with all reasonable dispatch and must not be a cause which can be prevented by the exercise of reasonable diligence shall not require the settlement or prevention of strikes, lockouts or other labor disputes by acceding minimized. In addition to the demand foregoing events of opposing parties when such course is inadvisable in force majeure, the sole discretion loss, interruption or curtailment (collectively "curtailment") of transportation downstream of a Delivery Point shall constitute an event of force majeure provided that Dynegy exercises reasonable efforts to arrange alternative transportation, or the resumption of the Party having curtailed transportation arrangements, as soon as possible following its discovery of the difficultycurtailment of downstream transportation. In that event, Dynegy will consult with Producer and endeavor to agree upon a plan of action to avoid further curtailment of Committed Gas from that Delivery Point.

Force Majeure Defined. The term “Force Majeure” as employed herein "force majeure" means an event that (i) was not within the control of the Party claiming its occurrence; and (ii) could not have been prevented or avoided by such Party through the exercise of due diligence. Events of force majeure include, without limitation by enumeration, acts of God, by the elements, strikes, lockouts, differences with workmen, or other industrial or labor disturbances, act of the public enemy, wars, military operations, national emergency, insurrections, riots, ; lightning, hurricanes or storms, hurricane or storm warnings which in CUSA's judgment require and result in the precautionary shut-down or evacuation of production facilities; earthquakes, epidemics, fires, storms, floods, high waterlandslides, washouts, restraints of government, federal or State, civil or military and of people, acts or restrictions of civil or military authority or governmental offices acting under some chain of authority, by any governmental regulations, or any Applicable Law, or action of any court of the federal, state or local government, civil disturbances, explosions, regularly scheduled turnarounds, breakage or accident to machinery, equipment, tankage or lines of pipe, the necessity or desirability for making repairs to or alterations or maintenance of machinery, equipment, tankage or lines of pipe, loss of redelivery point, equipment or facility breakdown, freezing of xxxxx or lines of pipelines, wellbore failures, uncontrolled surfacing pipe used to supply Committed Gas under this Agreement and other similar severe natural calamities; acts of CO2, public enemy; wars; blockades; insurrections; riots; civil disturbances and any cause or causes, whether the kind enumerated or otherwise, not reasonably within control of the Party claiming suspension in which by the exercise of reasonable diligence such Party will be unable wholly or in part to prevent or overcome. Such term shall likewise include: (a) in those instances where either Party hereto is required to obtain servitudes, rights-of-way grants, Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or the delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, rights-of-way grants or Permits, and (b) in those instances where either Party hereto is required to furnish materials and supplies for the purpose of constructing or maintaining facilities or is required to secure Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such materials and supplies or Permitsarrests; provided, however, the term “Force Majeure” does not mean or include any cause which by the exercise of reasonable diligence the Party claiming suspension could overcome. Settlement of strikes, lockouts or other labor disputes shall be entirely within industrial disturbances; explosions, breakage, accidents to xxxxx, equipment, facilities or lines of pipe used to enable CUSA to deliver or NGC to receive Committed Gas under this Agreement; events of force majeure declared by transporting pipelines; imposition by a regulatory agent, court or other governmental authority having jurisdiction of binding laws, conditions, limitations, orders, rules or regulations that prevent or prohibit either Party from performing, provided such governmental action has been resisted in good faith by all reasonable legal means; or any other cause of a similar type. The Parties recognize that NGC is not required by this Agreement to utilize firm transportation to receive Committed Gas from CUSA at each Delivery Point, but it is the discretion intent of both Parties that transportation or sales arrangements downstream of the Party having Delivery Points be made by NGC in such a manner that the difficulty and the above requirement that any Force Majeure must possibility of a curtailment of Committed Gas due to curtailment of interruptible transportation or recall of acquired transportation be remedied with all reasonable dispatch and must not be a cause which can be prevented by the exercise of reasonable diligence shall not require the settlement or prevention of strikes, lockouts or other labor disputes by acceding minimized. In addition to the demand foregoing events of opposing parties when such course is inadvisable in force majeure, the sole discretion loss, interruption or curtailment (collectively "curtailment") of transportation downstream of a Delivery Point shall constitute an event of force majeure provided that NGC exercises reasonable efforts to arrange alternative transportation, or the resumption of the Party having curtailed transportation arrangements, as soon as possible following its discovery of the difficultycurtailment of downstream transportation. In that event, NGC will consult with CUSA and endeavor to agree upon a plan of action to avoid further curtailment of Committed Gas from that Delivery Point.

Force Majeure Defined. The term “Force Majeure” "force majeure" as employed herein means shall mean acts of God, by the elements, strikes, lockouts, differences with workmen, lockouts or other industrial or labor disturbances, act acts of the a public enemy, wars, blockades, military operations, national emergencyaction, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, stormsstorms or storm warnings, floodscrevasses, high water, floods and washouts, ; arrests and restraints of government, governments either federal or Statestate, civil or military and military; any laws, rules, regulations or orders of peoplethe Federal Energy Regulatory Commission (“FERC”), acts or restrictions of other governmental body having jurisdiction; civil or military authority disturbances; explosions; shutdowns for purposes of necessary repairs, relocations or governmental offices acting under some chain of authority, by any governmental regulations, or any Applicable Law, or action of any court of the federal, state or local government, civil disturbances, explosions, regularly scheduled turnaroundsconstruction of, breakage or accident to machinery, equipment, tankage facilities or lines of pipe, ; the necessity for testing, as required by governmental authority or desirability deemed necessary by a Party for safe operation, or making repairs to or alterations or maintenance of machinery, to equipment, tankage facilities or lines of pipe; freezing or failure of wxxxx, loss equipment, facilities or lines of redelivery pointpipe; accidents, equipment breakdowns and the inability of a Party to obtain necessary materials, supplies, permits or facility breakdownlabor due to existing or future rules, freezing regulations, orders, laws or proclamations of xxxxx or of pipelinesthe governmental authorities (federal, wellbore failuresstate and local), uncontrolled surfacing of CO2including both civil and military, and any cause or other causes, whether of the kind herein enumerated or otherwise, and whether caused or occasioned by or happening on account of the act or omission of a Party or some persons or concern not reasonably a party hereto, not within control of the Party claiming suspension in such Party, and which by the exercise of reasonable diligence such Party will be is unable wholly or in part to prevent or overcome. Such term shall likewise include: (a) in those instances where either Party hereto It is required to obtain servitudes, rights-of-way grants, Permits to enable such Party to perform hereunder, understood and agreed that the inability settlement of such Party to acquire, strikes or the delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such servitudes, rights-of-way grants or Permits, and (b) in those instances where either Party hereto is required to furnish materials and supplies for the purpose of constructing or maintaining facilities or is required to secure Permits to enable such Party to perform hereunder, the inability of such Party to acquire, or delays on the part of such Party in acquiring, at reasonable cost and after the exercise of reasonable diligence, such materials and supplies or Permits; provided, however, the term “Force Majeure” does not mean or include any cause which by the exercise of reasonable diligence the Party claiming suspension could overcome. Settlement of strikes, lockouts or other labor disputes shall be entirely within the discretion of the such Party having the difficulty and that the above requirement that any Force Majeure must force majeure shall be remedied with all reasonable dispatch and must not be a cause which can be prevented by the exercise of reasonable diligence dispatch, shall not require the settlement of strikes or prevention of strikes, lockouts or other labor disputes by acceding to the demand demands of the opposing parties Party when such course is inadvisable in the sole discretion of the Party having the difficultysuch Party.