Force Majeure Event. A Force Majeure Event occurs if: (a) a party fails to comply with or observe any provision of this Agreement (other than payment of any amount due); (b) such failure is caused by: (i) any event or circumstance occasioned by, or in consequence of, any natural disaster, being an event or circumstance: (A) due to natural causes, directly or indirectly and exclusively without human intervention; and (B) that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted; (ii) strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft or civil disturbances; (iii) the binding order or requirement of any court, any government, any local authority, the Rulings Panel, the Electricity Authority, or the System Operator, which the party could not reasonably have avoided; (iv) the partial or entire failure of supply or availability of electricity to the Network; or (v) any other event or circumstance beyond the control of the party invoking this clause 21.1; and (c) the failure did not occur because the party invoking this clause failed to act in accordance with Good Electricity Industry Practice.
Appears in 36 contracts
Samples: Distributor Agreement, Distributor Agreement, Distributor Agreement
Force Majeure Event. A Force Majeure Event occurs if:
(a) a party fails to comply with or observe any provision of this Agreement (other than payment of any amount due);; and
(b) such failure is caused by:
(i) any event or circumstance occasioned by, or in consequence of, any natural disasteract of God, being an event or circumstance:
(A) due to natural causes, directly or indirectly and exclusively without human intervention; and
(B) that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
(ii) strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft or civil disturbances;
(iii) the binding order or requirement of any court, any government, any local authority, the Rulings Panel, the Electricity Authority, or the System Operator, which the party could not reasonably have avoided;
(iv) the partial or entire failure of supply or availability of electricity to the Network; or
(v) any other event or circumstance beyond the control of the party invoking this clause 21.1; and
(c) the failure did not occur because as a result of the party invoking this clause failed to act in accordance with Good Electricity Industry Practice.
Appears in 4 contracts
Samples: Distribution Agreement, Distributor Agreement, Distribution Agreement
Force Majeure Event. A Force Majeure Event occurs if:
(a) : a party fails to comply with or observe any provision of this Agreement (other than payment of any amount due);
(b) ; such failure is caused by:
(i) any event or circumstance occasioned by, or in consequence of, any natural disaster, being an event or circumstance:
(A) due to natural causes, directly or indirectly and exclusively without human intervention; and
(B) that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
(ii) strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft or civil disturbances;
(iii) the binding order or requirement of any court, any government, any local authority, the Rulings Panel, the Electricity Authority, or the System Operator, which the party could not reasonably have avoided;
(iv) the partial or entire failure of supply or availability of electricity to the Network; or
(v) any other event or circumstance beyond the control of the party invoking this clause 21.1; and
(c) and the failure did not occur because the party invoking this clause failed to act in accordance with Good Electricity Industry Practice.
Appears in 2 contracts
Samples: Distributor Agreement, Distributor Agreement
Force Majeure Event. A Force Majeure Event occurs if:
(a) a If either party fails to comply with or observe any provision of this Agreement agreement (other than payment of any amount due);) and:
(ba) such failure is caused by:
(i) Specific events or circumstances: any event or circumstance occasioned by, or in consequence of, any natural disasteract of God, being an event or circumstance:
(A1) due to natural causes, directly or indirectly and exclusively without human intervention; , and
(B2) that which could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
(ii) Strikes, lockouts etc: strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft aircraft, or civil disturbances;
(iii) Orders or requirements: the binding order or requirement of any court, any government, any local authority, the Rulings Panel, Panel or the Electricity Authority, or the System Operator, which the party could not reasonably have avoided;
(iv) Failure of supply: the partial or entire failure of supply or availability of electricity to the Network; or
(v) Other event or circumstance: any other event or circumstance beyond the control of the party invoking this clause 21.123.1; and
(cb) such party could not have prevented such failure by the failure did not occur because the party invoking this clause failed to act in accordance with exercise of Good Electricity Industry Practice, that failure shall be deemed to be a "Force Majeure Event" and shall not give rise to any cause of action or liability based on default of the provision.
Appears in 2 contracts
Force Majeure Event. A Force Majeure Event occurs if:
(a) a party fails to comply with or observe any provision of this Agreement agreement (other than payment of any amount due);; and
(b) such failure is caused by:
(i) any event or circumstance occasioned by, or in consequence of, any natural disasteract of God, being an event or circumstance:
(A) due to natural causes, directly or indirectly and exclusively without human intervention; and
(B) that could not have reasonably been foreseen foreseeable; or,
(C) if foreseen, could not reasonably have been resisted;; or
(ii) strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft or civil disturbances;; or
(iii) the binding order or requirement of any court, any government, any local authority, the Rulings Panel, the Electricity Authority, or the System Operator, which the party could not reasonably have avoided;; or
(iv) the partial or entire failure of supply or availability of electricity to the Network; or
(v) any other event or circumstance beyond the control of the party invoking this clause 21.123.1; and
(c) the failure did not occur because as a result of the party invoking this clause failed 23.1 failing to act in accordance with Good Electricity Industry Practice.
Appears in 1 contract
Samples: Use of System Agreement