Common use of Force Majeure Failure Clause in Contracts

Force Majeure Failure. Subject to Section Eight.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 any Delivery Term in excess of twenty-four (24) 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; if the Project is destroyed or rendered inoperable by an event of Force Majeure; or if 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 Eight.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 any Delivery Term in excess of twenty-four (24) 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 if the Project is destroyed or rendered inoperable by an event of Force Majeure; or if 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.