Common use of Force Majeure Defined Clause in Contracts

Force Majeure Defined. The term “Force Majeure”, as 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, strikes, lockouts or industrial disputes or disturbances, civil disturbances, arrest and restraint of rulers or people, interruptions by government or court orders, necessity for compliance with any present and future valid orders of court, or any law, statute, ordinance or regulation promulgated by any governmental or regulatory authority having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections, including inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, inclement weather which necessitates extraordinary measures and expense to construct facilities and/or maintain operations, explosions, partial or entire failure of gas supply, breakage or accident to machinery, 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 shutting in of facilities for the making of repairs, alterations or maintenance to xxxxx, pipelines or plants, or any other cause whether of the kind herein enumerated or otherwise, not reasonably within the control of the party claiming “Force Majeure”.

Force Majeure Defined. The term “Force Majeure”, ” as used herein, employed 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, lockouts lockouts, differences with workmen, or other industrial disputes or labor disturbances, civil disturbances, arrest and restraint of rulers or people, interruptions by government or court orders, necessity for compliance with any present and future valid orders of court, or any law, statute, ordinance or regulation promulgated by any governmental or regulatory authority having proper jurisdiction, acts act of the public enemy, wars, riotsmilitary operations, blockadesnational emergency, insurrections, including inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslidesriots, lightning, earthquakes, fires, storms, floods, high water, washouts, inclement weather which necessitates extraordinary measures restraints of government, federal or State, civil or military and expense to construct facilities and/or maintain operationsof 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, partial or entire failure of gas supplyregularly scheduled turnarounds, breakage or accident to machinery, compressors equipment, tankage or lines of pipe, freezing of xxxxx, compressors the necessity or pipelines, inability desirability for making repairs 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 shutting in of facilities for the making of repairs, alterations or maintenance to xxxxxof machinery, pipelines equipment, tankage or plantslines of pipe, loss of redelivery point, equipment or facility breakdown, freezing of xxxxx or of pipelines, wellbore failures, uncontrolled surfacing of CO2, and any other cause or causes, whether of 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”, "force majeure" as 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 employed herein shall include mean acts of God, strikes, lockouts or other industrial disputes or disturbances, civil disturbances, arrest and restraint of rulers or people, interruptions by government or court orders, necessity for compliance with any present and future valid orders of court, or any law, statute, ordinance or regulation promulgated by any governmental or regulatory authority having proper jurisdiction, acts of the a public enemy, wars, riotsblockades, blockadesmilitary action, insurrections, including inability to secure materials by reason of allocations promulgated by authorized governmental agenciesriots, epidemics, landslides, lightning, earthquakes, fires, stormsstorms or storm warnings, floodscrevasses, floods and washouts; arrests and restraints of governments either federal or state, inclement weather which necessitates extraordinary measures and expense to construct facilities and/or maintain operationscivil or military; any laws, rules, regulations or orders of the Federal Energy Regulatory Commission (“FERC”), or other governmental body having jurisdiction; civil or military disturbances; explosions; shutdowns for purposes of necessary repairs, partial relocations or entire failure of gas supplyconstruction of, breakage or accident to machineryequipment, compressors facilities or lines of pipe; the necessity for testing, as required by governmental authority or deemed necessary by a Party for safe operation, or making repairs or alterations to equipment, facilities or lines of pipe; freezing or failure of xxxxxwxxxx, compressors equipment, facilities or pipelineslines of pipe; accidents, breakdowns and the inability of a Party to obtain or delays in obtaining necessary materials, easements supplies, permits or rights-of-way labor due to existing or future rules, regulations, orders, laws or proclamations of the governmental authorities (provided they were pursued with diligence federal, state and in a timely mannerlocal), inability of downstream markets to take gas or liquids or market failure due to conditions other than priceincluding both civil and military, the shutting in of facilities for the making of repairs, alterations or maintenance to xxxxx, pipelines or plants, or and any other cause 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 such Party, and which by the exercise of diligence such Party is unable to prevent or overcome. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the control discretion of such Party and that the above requirement that any force majeure shall be remedied with all reasonable dispatch, shall not require the settlement of strikes or lockouts by acceding to the demands of the party claiming “Force Majeure”opposing Party when such course is inadvisable in the discretion of such Party.

Force Majeure Defined. The term “"Force Majeure”, as used herein, " means an event that (i) was not within the control of the party Party claiming its occurrence; and (ii) could not have been prevented or avoided by such party Party through the exercise of due diligence. Events of Force Majeure shall include include, without limitation, by enumeration, acts of God; lightning, hurricanes or storms, hurricane or storm warnings which in Seller's judgment require and result in the precautionary shut-down or evaluation of production facilities; earthquakes, epidemics, fires, floods, landslides, washouts, freezing of wellx xx lines of pipe used to supply Committed Gas under this Agreement and other similar severe natural calamities; acts of public enemy; wars; blockades; insurrections; riots; civil disturbances and arrests; strikes, lockouts or other industrial disputes or disturbances, civil disturbances, arrest and restraint of rulers or people, interruptions by government or court orders, necessity for compliance with any present and future valid orders of court, or any law, statute, ordinance or regulation promulgated by any governmental or regulatory authority having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections, including inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, inclement weather which necessitates extraordinary measures and expense to construct facilities and/or maintain operations, ; explosions, partial or entire failure of gas supplybreakage, breakage or accident accidents to machinerywellx, compressors xxuipment, facilities or lines of pipepipe used to enable Seller to deliver or Purchaser to receive Committed Gas under this Agreement; events of force majeure declared by transporting pipelines; imposition by a regulatory agency, freezing court or other governmental authority having jurisdiction of xxxxxbinding laws, compressors conditions, limitations, orders, rules or pipelinesregulations that prevent or prohibit either Party from performing, inability to obtain or delays providing such governmental action has been resisted 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 shutting in of facilities for the making of repairs, alterations or maintenance to xxxxx, pipelines or plants, good faith by all reasonable legal means; or any other cause whether cause. The Parties recognize that Purchaser is not required by this Agreement to use firm transportation to receive Committed Gas from Seller at each Delivery Point and Pricing Pool, but it is the intent of both Parties that transportation or sales arrangements downstream of the kind herein enumerated Delivery Points and Pricing Pool be made by Purchaser in such a manner that the possibility of a curtailment of Committed Gas due to curtailment of interruptible transportation or otherwiserecall of acquired transportation be minimized. In addition to the foregoing events of Force Majeure, not reasonably within the control loss, interruption or curtailment of transportation downstream of a Delivery Point and Pricing Pool shall constitute an event of Force Majeure provided that Purchaser exercises reasonable efforts to arrange alternative transportation, or the resumption of the party claiming “Force Majeure”curtailed transportation arrangements, as soon as possible following its discovery of the curtailment of downstream transportation. In that event, Purchaser will consult with Seller and endeavor to agree upon a plan of action to avoid further curtailment of Committed Gas from that Delivery Point or Pricing Pool.