Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Xxxxx’s written request.
Appears in 19 contracts
Samples: Long Term Resource Adequacy Agreement, Long Term Resource Adequacy Agreement, Capacity Storage Agreement
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon XxxxxBuyer’s written request.
Appears in 4 contracts
Samples: Capacity Storage Agreement, Capacity Storage Agreement, Capacity Storage Agreement
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller Provider cannot meet the Expected Initial Delivery Shown Date as a result of a Force Majeure event affecting the Project declared by Seller Provider in accordance with Article Article Two, then Seller Provider shall work diligently with the Project Owner to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon XxxxxCPE’s written request.
Appears in 3 contracts
Samples: Cpe Shown Resource Adequacy Agreement, Cpe Shown Resource Adequacy Agreement, Cpe Shown Resource Adequacy Agreement
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Guaranteed Construction Start Date or Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, Thirteen; then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon XxxxxBuyer’s written request.
Appears in 2 contracts
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure [affecting the Project]2 event declared by Seller in accordance with Article Two, then Seller shall work diligently [with the Project Company] to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Xxxxx’s written request.
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller Provider cannot meet the Expected Initial Delivery Shown Date as a result of a Force Majeure event affecting the Project declared by Seller Provider in accordance with Article Two, then Seller Provider shall work diligently with the Project Owner to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon XxxxxCPE’s written request.
Appears in 1 contract
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event [affecting the Project]2 declared by Seller in accordance with Article Two, then Seller shall work diligently [with the Project Company] to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Xxxxx’s written request.
Appears in 1 contract
Samples: Cpe Resource Adequacy Agreement
Mitigation of Force Majeure. The suspension of a Party’s performance under the Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify, or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with Article Two, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon XxxxxBuxxx’s written request.
Appears in 1 contract