Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of any of the following: (each constituting a “Force Majeure Failure”):
(i) If prior to the Delivery Term, Seller is unable, due solely to a Force Majeure event, to achieve the Commercial Operation Date or place the Project into Commercial Operation by the Guaranteed Commercial Operation Date, after applicable extensions or cure periods have run, as set forth in Section 3.9(c); provided that if a Force Majeure event is caused by a catastrophic natural disaster, then upon Buyer’s written request to Seller, Seller shall have not more than ninety (90) days from the date of such Force Majeure event to obtain a report from an independent, third party engineer stating whether the Project is capable of being repaired or replaced within such twenty-four (24) month period and Seller shall provide Buyer a copy of the engineer’s report, at no cost to Buyer; provided further that if such engineer’s report concludes that the Project is capable of being repaired or replaced within twenty-four (24) months from the date of the Seller provides the engineer’s report to Buyer and Seller undertakes and continues such repair or replacement with due diligence, then Buyer shall not have the right to terminate this Agreement pursuant to this Section 11.1(a) until the expiration of the repair or replacement period deemed necessary by the engineer’s report (which shall not exceed twenty-four (24) months), after which time, Buyer may terminate this Agreement unless the Project has been repaired or replaced, as applicable, and Seller has resumed and is satisfying its obligations under this Agreement.
(ii) If during the Delivery Term:
(A) the Project fails to deliver at least forty percent (40%) of the Contract Quantity to the Delivery Point for a period of twelve (12) consecutive rolling months following a Force Majeure event that materially and adversely impacts the Project and Buyer has provided Notice to Seller of such failure; provided that, if Seller within forty-five (45) days of receipt of Notice from Buyer, presents Buyer with a plan for mitigation of the effect of the Force Majeure within a period not to exceed six (6) months from the above-mentioned Notice date, which plan is commercially reasonable and satisfactory to Buyer, as evidenced by Xxxxx’s written acknowledgement of such plan, then Buyer shall not have the right to terminate this Agreement pursuant to this Section ...
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure":
(i) if during the Delivery Term:
(A) the amount of Product delivered from the Project, as demonstrated by the Confirmed Quantity, averages less than seventy percent (70%) of the Payment Quantity over a rolling twenty-four (24) month period for any reason; or
(B) the Project is destroyed or rendered inoperable by an event of Force Majeure.
(ii) if Seller is unable, due solely to a Force Majeure event, to achieve the Initial Delivery Date by one hundred eighty (180) days after the Expected Initial Delivery Date.
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement if, during the Delivery Term, Seller’s Force Majeure event has a duration of sixty (60) consecutive Delivery Days from the date of Seller’s Notice to Buyer pursuant to Section 8.1(b) (“Force Majeure Failure”).
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure” if during the Delivery Term:
(i) the monthly Distribution Services Factor for any calendar year during the Delivery Term averages less than sixty percent (60 %) for any reason; or
(ii) the Project is destroyed or rendered inoperable by an event of Force Majeure.
Force Majeure Failure. Subject to Section Nine.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement if the Project is destroyed or rendered inoperable by an event of Force Majeure.
Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:
(i) if after the Initial Energy Delivery Date, the Project fails to deliver at least forty percent (40%) of the Contract Quantity (as may be adjusted pursuant to Sections 3.1(e)(ii) or 3.9(d)) to the Delivery Point for a period of twelve (12) consecutive rolling months following a Force Majeure event that materially and adversely impacts the Project (“Force Majeure Project Failure”); provided that:
Force Majeure Failure. Subject to Section 9.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”:
(i) if the Project is destroyed or rendered inoperable by an event of Force Majeure; or
(ii) if Provider is unable, due solely to a Force Majeure event, to achieve the Initial Shown Date by one hundred eighty (180) days after the Expected Initial Shown Date.
Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:
Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:
(i) if during the Delivery Term:
(A) the Units’ Availability, taking into account all hours of unavailability, including those due to Force Majeure (in excess of Excused Hours), averages less than sixty percent (60%) over a rolling 12-month period; or
(B) if the Tested Capacity of all the Units (cumulatively) adjusted to ISO Conditions is less than eighty percent (80%) of the applicable Design Capacity due to an event of Force Majeure, unless Seller is able to demonstrate a Tested Capacity for all of the Units (cumulatively) in excess of eighty-five percent (85%) of the Design Capacity within (12) months of the date on which the Tested Capacity of less than eighty percent (80%) was established [subject to modification based on the Minimum Load of Unit]; or
(C) the Project is destroyed or rendered inoperable by an event of Force Majeure caused by a catastrophic natural disaster.
(ii) if prior to the Initial Delivery Date, as applicable, Seller is unable, due solely to a Force Majeure event, to achieve the Construction Start Date or other Critical Milestones, after applicable extensions or cure periods have run, as set forth in Section 11.2 and Appendix XXVII (in either case a “Force Majeure Development Failure”).
Force Majeure Failure. Upon Notice of termination, effective as of the termination date specified in such Notice of termination, if any Force Majeure Event lasting longer than ten (10) consecutive business days substantially prevents, hinders or delays Vendor’s performance of any of the Services.
