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” 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 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 Service performance for any calendar year during the Delivery Term averages less than sixty percent (60 %XX%) for any reason; or (ii) or the Project is destroyed or rendered inoperable by 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” if during the Delivery Term: (i) the monthly Distribution Services Factor Service performance for any calendar year during the Delivery Term averages less than sixty percent (60 %) [to be determined] for any reason; or (ii) the Project is destroyed or rendered inoperable by 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” if during the Delivery Term: (i) : the monthly Distribution Services Factor Service performance for any calendar year during the Delivery Term averages less than sixty percent (60 %) 100% for any reason; or (ii) or the Project is destroyed or rendered inoperable by an event of Force Majeure.