Common use of Force Majeure Occurrence and Notice Clause in Contracts

Force Majeure Occurrence and Notice. To the extent that any Party is prevented by a Force Majeure event from carrying out, in whole or in part, its obligations under this Agreement or from complying with, in whole or in part, conditions under this Agreement, such Party (the “Claiming Party”) shall give notice and details of the Force Majeure event to the other Party as soon as practicable, unless otherwise specified by the terms of this Agreement. In addition, any completion milestones or deadlines or time periods by which performance is due shall be extended for a period of time equal to the time period of such Force Majeure event plus a reasonable number of additional days as may be required to remobilize or otherwise re- commence the repair, reconstruction, or re-equipping of the Project, unless otherwise agreed upon herein. The Claiming Party shall use Commercially Reasonable efforts to remedy the Force Majeure event with all reasonable dispatch. The suspension of performance and compliance with such conditions due to the Force Majeure event shall be of no longer duration and no greater scope than is required by the Force Majeure event. The Claiming Party shall promptly notify the non-Claiming Party when it is able to resume performance of its obligations and compliance with such conditions under this Agreement, if it is able to do so. Until the non- Claiming Party is so notified, it shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by a Force Majeure event. No Party shall be relieved by operation of this Article XI of any liability for breach of any obligations that were to be performed or that accrued before the Force Majeure event. If the Force Majeure event reduces but does not prevent Seller from generating and delivering to the Delivery Point available Energy Output and Other Project Attributes, then Seller shall suspend deliveries of Energy Output and Other Project Attributes on a pro rata basis relative to the extent by which the Force Majeure event reduces the Energy Output and Other Project Attributes that the Project would otherwise produce but for the Force Majeure event. If deliveries of Energy Output or Other Project Attributes are prevented in whole or in part by a Force Majeure event, the deliveries in question shall not be made up and the Term shall not be extended to permit any makeup or offset of the lost deliveries.

Force Majeure Occurrence and Notice. To the extent that any Party is prevented by a Force Majeure event from carrying out, in whole or in part, its obligations under this Agreement (other than the obligation to pay money) or from complying with, in whole or in part, conditions under this Agreement, such Party (the “Claiming Party”) shall give notice and details of the Force Majeure event to the other Party as soon as practicable, unless otherwise specified by the terms of this Agreement. In addition, any completion milestones or deadlines or time periods by which performance is due shall be extended for a period of time equal to the time period of such Force Majeure event plus a reasonable number of additional days as may be required to remobilize or otherwise re- re-commence the repair, reconstruction, or re-equipping of the Project, unless otherwise agreed upon herein. The Claiming Party shall use Commercially Reasonable efforts to remedy the Force Majeure event with all reasonable dispatch. The suspension of performance and compliance with such conditions due to the Force Majeure event shall be of no longer duration and no greater scope than is required by the Force Majeure event. The Claiming Party shall promptly notify the non-Claiming Party when it is able to resume performance of its obligations and compliance with such conditions under this Agreement, if it is able to do so. Until the non- non-Claiming Party is so notified, it shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by a Force Majeure event. No Party shall be relieved by operation of this Article XI XVI of any liability for breach of any obligations that were to be performed or that accrued before the Force Majeure event. If the Force Majeure event reduces but does not prevent Seller from generating and delivering to the Delivery Point available Energy Output and Other Project Attributes, then Seller shall suspend deliveries of Energy Output and Other Project Attributes on a pro rata basis relative to the extent by which the Force Majeure event reduces the Energy Output and Other Project Attributes that the Project would otherwise produce but for the Force Majeure event. If deliveries of Energy Output or Other Project Attributes are prevented in whole or in part by a Force Majeure event, the deliveries in question shall not be made up and the Term shall not be extended to permit any makeup or offset of the lost deliveries.

Force Majeure Occurrence and Notice. To the extent that any Party is prevented by a Force Majeure event Event from carrying outperforming, in whole or in part, its obligations under this Agreement (other than the obligation to pay money) or from complying with, in whole or in part, conditions under this Agreement, such Party (the “Claiming Party”) shall give notice and details of the Force Majeure event Event to the other Party as soon as practicable, unless otherwise specified by the terms of this Agreement. In addition, any completion milestones or deadlines or time periods by which performance is due shall will be extended for a period of time equal to the time period of during which such Force Majeure event plus a reasonable number of additional days as may be required to remobilize or otherwise re- commence Event actually prevents the repair, reconstruction, or re-equipping of the Project, unless otherwise agreed upon hereinClaiming Party’s performance. The Claiming Party shall use Commercially Reasonable efforts to remedy the Force Majeure event with all reasonable dispatch. The suspension Event and mitigate any adverse effects on the performance of performance and compliance with such conditions due to the Force Majeure event shall be of no longer duration and no greater scope than is required by the Force Majeure eventits obligations under this Agreement. The Claiming Party shall promptly notify the non-Claiming Party when it is able to resume performance of its obligations and compliance with such conditions under this Agreement, if it is able to do so. Until the non- non-Claiming Party is so notified, it shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by a Force Majeure eventEvent. No Party shall will be relieved or excused by operation of this Article XI XVI of any liability for breach of any obligations that were to be performed or that accrued before the Force Majeure eventEvent. If the Force Majeure event Event reduces the amount of generation but does not prevent entirely Seller from generating and delivering to the Delivery Point available Energy Output and Other Project Attributes, then Seller shall suspend deliveries of generate and deliver available Energy Output and Other Project Attributes on a pro rata basis relative to the extent by which the Force Majeure event reduces the Energy Output and Other Project Attributes that the Project would otherwise produce but for the Force Majeure eventAttributes. If deliveries of Energy Output or Other Project Attributes are prevented in whole or in part by a Force Majeure eventEvent, the deliveries in question shall not be made up and the Term shall not be extended to permit any makeup or offset of the lost deliveries.

Force Majeure Occurrence and Notice. To the extent that any Party is prevented by a Force Majeure event from carrying out, in whole or in part, its obligations under this Agreement or from complying with, in whole or in part, conditions under this Agreement, such Party (the “Claiming Party”) shall give notice and details of the Force Majeure event to the other Party as soon as practicable, unless otherwise specified by the terms of this Agreement. In addition, any completion milestones or deadlines or time periods by which performance is due shall be extended for a period of time equal to the time period of such Force Majeure event plus a reasonable number of additional days as may be required to remobilize or otherwise re- commence the repair, reconstruction, or re-equipping of the Project, unless otherwise agreed upon herein. The Claiming Party shall use Commercially Reasonable efforts to remedy the Force Majeure event with all reasonable dispatch. The suspension of performance and compliance with such conditions due to the Force Majeure event shall be of no longer duration and no greater scope than is required by the Force Majeure event. The Claiming Party shall promptly notify the non-Claiming Party when it is able to resume performance of its obligations and compliance with such conditions under this Agreement, if it is able to do so. Until the non- Claiming Party is so notified, it shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by a Force Majeure event. No Party shall be relieved by operation of this Article XI XVI of any liability for breach of any obligations that were to be performed or that accrued before the Force Majeure event. If the Force Majeure event reduces but does not prevent Seller from generating and delivering to the Delivery Point available Energy Output and Other Project Attributes, then Seller shall suspend deliveries of Energy Output and Other Project Attributes on a pro rata basis relative to the extent by which the Force Majeure event reduces the Energy Output and Other Project Attributes that the Project would otherwise produce but for the Force Majeure event. If deliveries of Energy Output or Other Project Attributes are prevented in whole or in part by a Force Majeure event, the deliveries in question shall not be made up and the Term shall not be extended to permit any makeup or offset of the lost deliveries.

Force Majeure Occurrence and Notice. To the extent that any Party is prevented by a Force Majeure event Event from carrying out, in whole or in part, its obligations under this Agreement or from complying with, in whole or in part, conditions under this Agreement, and such Party (the “"Claiming Party”") shall give gives notice and details of the Force Majeure event Event to the other Party as soon as practicable, then, unless otherwise specified by the terms of this Agreement, the Claiming Party shall be excused from the performance of its obligations and complying with such conditions with respect to such transaction during the period that the Force Majeure Event prevents performance by that Party. In addition, any completion milestones or deadlines or time periods by which performance is due due, including the achievement of Commercial Operation, shall be extended for a period of time equal to the time period of such Force Majeure event plus a reasonable number of additional days as may be required to remobilize or otherwise re- commence the repair, reconstruction, or re-equipping of the Project, unless otherwise agreed upon hereinsuspension. The Claiming Party shall use Commercially Reasonable commercially reasonable efforts to remedy the Force Majeure event Event with all reasonable dispatch. The suspension of performance and compliance with such conditions due to the Force Majeure event Event shall be of no longer duration and no greater scope than is required by the Force Majeure eventEvent. The Claiming Party shall promptly notify the non-Claiming Party when it is able to resume performance of its obligations and compliance with such conditions under this Agreement, if it is able to do so. Until the non- non-Claiming Party is so notified, it shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by a Force Majeure eventEvent. No Party shall be relieved by operation of this Article XI X of any liability for breach of any obligations that were to be performed or that accrued before prior to the Force Majeure event. If the Force Majeure event reduces but does not prevent Seller from generating and delivering to the Delivery Point available Energy Output and Other Project Attributes, then Seller shall suspend deliveries of Energy Output and Other Project Attributes on a pro rata basis relative to the extent by which the Force Majeure event reduces the Energy Output and Other Project Attributes that the Project would otherwise produce but for the Force Majeure eventEvent. If deliveries of Energy Output Metered Output, or Other Project Attributes are prevented in whole or in part by a Force Majeure eventEvent, the deliveries in question shall not be made up and the Term shall not be extended to permit any makeup or offset of the lost deliveries.