Invoking Force Majeure. (a) A Party shall be deemed to have invoked Force Majeure with effect from the commencement of the event or circumstances constituting Force Majeure when that Party gives to the other Party prompt Notice in accordance with Article 9 (Notices), provided that such Notice shall be given within five (5) Business Days of the later of (i) the commencement of the event or circumstances constituting Force Majeure or (ii) the date that the Party invoking Force Majeure knew or ought to have known that the event or circumstances constituting Force Majeure could have a Material Adverse Effect on the development or operation of the Contracted DER. If the effect of the Force Majeure and full particulars of the cause thereof cannot be reasonably determined within such five (5) Business Day period, the Party invoking Force Majeure shall be allowed a further ten (10) Business Days (or such longer period as the Parties may agree in writing) to provide such full particulars in substantially the prescribed form to the other Party. (b) The Party invoking Force Majeure shall use Commercially Reasonable Efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure, but settlement of strikes, lockouts and other labour disturbances shall be wholly within the discretion of the Party involved. Upon the request of the DSO, the Participant shall: (i) provide to the DSO information and documentation confirming to the satisfaction of the DSO, acting reasonably, that such Commercially Reasonable Efforts were used, and
Appears in 3 contracts
Samples: York Region Non Wires Alternative Demonstration Project Contract for Energy and Reserve Services (Direct Participant), Energy Services Contract, Energy Services Contract
Invoking Force Majeure.
(a) A Party shall be deemed to have invoked Force Majeure with effect from the commencement of the event or circumstances constituting Force Majeure when that Party gives to the other Party prompt Notice in accordance with Article 9 (Notices), provided that such Notice shall be given within five (5) Business Days of the later of (i) the commencement of the event or circumstances constituting Force Majeure or (ii) the date that the Party invoking Force Majeure knew or ought to have known that the event or circumstances constituting Force Majeure could have a Material Adverse Effect on the development or operation of the Contracted DER. If the effect of the Force Majeure and full particulars of the cause thereof cannot be reasonably determined within such five (5) Business Day period, the Party invoking Force Majeure shall be allowed a further ten (10) Business Days (or such longer period as the Parties may agree in writing) to provide such full particulars in substantially the prescribed form to the other Party.
(b) The Party invoking Force Majeure shall use Commercially Reasonable Efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure, but settlement of strikes, lockouts and other labour disturbances shall be wholly within the discretion of the Party involved. Upon the request of the DSO, the Participant shall: (i) provide to the DSO information and documentation confirming to the satisfaction of the DSO, acting reasonably, that such Commercially Reasonable Efforts were used, and
Appears in 3 contracts
Samples: York Region Non Wires Alternative Demonstration Project Contract for Energy and Reserve Services (Direct Participant), York Region Non Wires Alternative Demonstration Project Contract for Energy and Reserve Services (Direct Participant), York Region Non Wires Alternative Demonstration Project Contract for Energy and Reserve Services
