Common use of Instances of Force Majeure Clause in Contracts

Instances of Force Majeure. Provided that a claim of Force Majeure satisfies the requirements of Section 14.1 (General), Force Majeure may include the following events: (i) acts of God, strikes (national and other general strikes), industrial disturbances, acts of public or foreign enemy, war, blockades, boycotts, riots, insurrections, epidemics, pandemics, earthquakes, storms, tornado, drought, hail, sabotage, works to rule, go-slows and other public agitation; (ii) invasion, terrorism, rebellion, plague, lightning, hurricane, natural calamity, floods, civil disturbances, lockouts, fires, explosions, interruptions of services due to the act or failure to act of any Governmental Authority, including quarantine and lock-downs; (iii) any Pending Permit Delay; and (iv) failure of any subcontractor or supplier of the Affected Party to perform as a result of an event that would constitute Force Majeure hereunder. Notwithstanding the foregoing, Force Majeure shall expressly not include: a. the bankruptcy of a Party or any of its subcontractors or suppliers at any tier; b. breakdown or defect of temporary works or the Contractor’s equipment or any subcontractor’s equipment, other than breakdown caused by a separate Force Majeure; c. any changes in prevailing market prices for goods, fuel, or labor; d. strikes, lockouts, works to rule, go-slows, and other industrial disturbances by personnel of Resource Provider or any of its contractors and subcontractors at any tier; e. any failure by a Party to obtain and/or maintain a Permit, other than in the case of a Pending Permit Delay; f. any Pending Permit Delays in excess of eighteen (18) Months; or g. any promulgation by the U.S. Department of Energy of implementation rules for the Bulk- Power System EO after the Agreement Date that causes delay in excess of twelve (12) Months.

Instances of Force Majeure. Provided that a claim of Force Majeure satisfies the requirements of Section 14.1 (General), Force Majeure may include the following events: (i) acts of God, strikes (national and other general strikes), industrial disturbances, acts of public or foreign enemy, war, blockades, boycotts, riots, insurrections, epidemics, pandemics, earthquakes, storms, tornado, drought, hail, sabotage, works to rule, go-slows and other public agitation; (ii) invasion, terrorism, rebellion, plague, lightning, hurricane, natural calamity, floods, civil disturbances, lockouts, fires, explosions, interruptions of services due to the act or failure to act of any Governmental Authority, including quarantine and lock-downs; (iii) any Pending Permit Delay; and (iv) failure of any subcontractor or supplier of the Affected Party to perform as a result of an event that would constitute Force Majeure hereunder. Notwithstanding the foregoing, Force Majeure shall expressly not include: a. the bankruptcy of an Insolvency Event suffered by a Party or any of its subcontractors or suppliers at any tier; b. breakdown any full or partial reduction in the provision of Grid Services caused by or arising from a mechanical or equipment breakdown, software defect, or defect of temporary works or the Contractor’s equipment or any subcontractor’s equipmentother conditions attributable to normal wear and tear, other than breakdown and not damage caused by a separate Force Majeure; c. any changes in prevailing market prices for goods, fuel, fuel or labor; d. strikes, lockouts, works to rule, go-slows, and other industrial disturbances by personnel of Resource Provider or any of its contractors and subcontractors at any tier; e. any failure by a Party to obtain and/or maintain a Permit, other than in the case of a Pending Permit Delay; f. any Pending Permit Delays in excess of eighteen (18) Months; or g. any promulgation by the U.S. Department of Energy of implementation rules for the Bulk- Power System EO after the Agreement Date that causes delay in excess of twelve (12) Months; g. the lack of wind, sun, or any other resource of an inherently intermittent nature; h. Resource Provider’s inability to obtain sufficient power or materials to operate the GSDS, except where an event of Force Majeure causes such inability; i. Resource Provider’s failure to obtain additional funds, including funds authorized by a state or the federal government or agencies thereof, to supplement the payments made by PREPA pursuant to this Agreement; j. a forced Outage of the GSDS, except where a Force Majeure causes such forced Outage; k. litigation or administrative or judicial action pertaining to Resource Provider’s interest in this Agreement, the GSDS, Resource Provider’s relationship to its Participants, any Permits, or the design, development, installation, ownership, maintenance or operation of the GSDS; or l. any full or partial reduction in either the ability of the GSDS to deliver the Grid Services or in the ability of PREPA to accept the Grid Services, caused by any action or inaction of a third party, including any vendor or supplier of Resource Provider or PREPA, except where an event of Force Majeure causes such reduction.