Common use of Force Majeure Failure Clause in Contracts

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(a9.1(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 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 eighty percent (7080 %) 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(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 any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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; (Bii) if the Project is destroyed or rendered inoperable by an event of Force Majeure.; or (iiiii) if Seller is unable, due solely to a Force Majeure event, to achieve the Initial Delivery Date by one hundred eighty within six (1806) days months 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 after the occurrence of the following, each constituting a “Force Majeure Failure": (i) if during the any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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 (Bii) if 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(aEight.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 any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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) or if 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(a9.1(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 eighty percent (7080%) 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 has 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 eighty percent (7080%) of the Payment Quantity over a rolling twenty-four twelve (2412) month period for any reasondue solely to an event of Force Majeure; 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, unable to achieve the Initial Delivery Date by one hundred eighty (180) days after the Expected Guaranteed Initial Delivery DateDate due solely to an event of Force Majeure.

Force Majeure Failure. Subject to Section 8.1(aEight.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 any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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) if the Project is destroyed or rendered inoperable by an event of Force Majeure. (ii) ; or if Seller Xxxxxx 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 has 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 reasondue solely to an event of Force Majeure; 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, unable to achieve the Initial Delivery Date by one hundred eighty (180) days after the Expected Guaranteed Initial Delivery DateDate due solely to an event of Force Majeure.

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 six (1806) days months 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 after the occurrence of the following, each constituting a “Force Majeure Failure"”: (i) if during the any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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 (Bii) if 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(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 any Delivery Term: Term in excess of twenty-four (A24) Contract Months, 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; (Bii) if the Project is destroyed or rendered inoperable by an event of Force Majeure.; or (iiiii) 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.