Common use of No Breach or Liability Clause in Contracts

No Breach or Liability. Each Party shall be excused from performing its respective obligations under this Agreement and shall not be liable in damages or otherwise if and to the extent that it is unable to so perform or is prevented from performing by a Force Majeure Event, provided that the non-performing Party shall: 14.2.1 Give the other Party notice thereof, followed by written notice if the first notice is not written, both notices to be given as promptly as possible after the non-performing Party becomes aware of such Force Majeure Event, describing the particulars of such Force Majeure Event; 14.2.2 Use its reasonable best efforts to remedy its inability to perform as soon as practicable; provided, however, that this Section 14.2.2 shall not require the settlement of any strike, walkout, lockout or other labor dispute on terms which, in the sole judgment of the Party involved in the dispute, are contrary to its interest; provided further, that the settlement of strikes, lockouts or other labor disputes shall be entirely within the discretion of the Party having the difficulty; and 14.2.3 Resume performance of its obligations under this Agreement and give the other Party written notice to that effect, as soon as reasonably practicable following cessation of the Force Majeure Event.

Appears in 5 contracts

Samples: Interconnection Agreement (Southern Power Co), Interconnection Agreement (Southern Power Co), Interconnection Agreement (Southern Power Co)

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No Breach or Liability. Each Party The Parties shall be excused from performing its their respective obligations under this Agreement and shall not be liable in damages or otherwise if and to the extent that it is they are unable to so perform or is are prevented from performing by a Force Majeure Event, provided that the non-performing Party shall: 14.2.1 Give give the other Party notice thereof, followed by written notice if the first notice is not written, both notices to be given as promptly as possible after the non-performing such Party becomes aware of such Force Majeure Event, describing the particulars of such Force Majeure Event; 14.2.2 Use use its reasonable best efforts to remedy its inability to perform as soon as practicable; provided, however, that this Section 14.2.2 shall not require the settlement of any strike, walkout, lockout or other labor dispute on terms which, in the sole judgment of the Party involved in the dispute, are contrary to its interest; provided further, that the settlement of strikes, lockouts or other labor disputes shall be entirely within the discretion of the Party having the difficulty; and 14.2.3 Resume resume performance of its obligations under this Agreement and give the other Party written notice to that effect, as soon as reasonably practicable following cessation of the Force Majeure Event.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement (Tenaska Georgia Partners Lp)

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