Notice for Force Majeure. Within five (5) Business Days of knowledge of the commencement of Force Majeure Event, the claiming Party shall provide the other Party with oral notice of the event of Force Majeure, and within two (2) weeks of knowledge of the commencement of a Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely notice constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely notice. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of Force Majeure must be of no greater scope and of no longer duration than is required by the Force Majeure Event.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Notice for Force Majeure. Within five (5) Business Days of knowledge of the commencement of Force Majeure Event, the The claiming Party shall make commercially reasonable efforts to provide the other Party with oral notice of the event Force Majeure Event within five (5) Business Days of the date the claiming Party becomes aware of being impacted by such Force MajeureMajeure Event, and within two (2) weeks of knowledge the date the claiming Party becomes aware of the commencement of a being impacted by such Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely written notice within such two (2)-week period constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party Party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Notice for Force Majeure. Within five (5) Business Days of knowledge of the commencement of Force Majeure Event, the The claiming Party shall make commercially reasonable efforts to provide the other Party with oral notice of the event Force Majeure Event within five (5) Business Days of the date the claiming Party becomes aware of being impacted by such Force MajeureMajeure Event, and within two (2) weeks of knowledge the date the claiming Party becomes aware of the commencement of a being impacted by such Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely written notice within such two (2)-week period constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party Party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer longer duration than is required by the Force Majeure Event.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Notice for Force Majeure. Within five two (52) Business Days of knowledge of the commencement of Force Majeure Event, the claiming Party shall provide the other Party with oral notice of the event of Force MajeureMajeure Event, and within two (2) weeks of knowledge of the commencement of a Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely notice constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable reasonable actions. The claiming party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Notice for Force Majeure. Within five two (52) Business Days of knowledge of the commencement of Force Majeure Event, the claiming Party shall provide the other Party with oral notice of the event of Force MajeureMajeure Event, and within two (2) weeks of knowledge of the commencement of a Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely notice constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.Event.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Notice for Force Majeure. Within five (5) Business Days of knowledge of As soon as practicable after the commencement of Force Majeure Event, the claiming Party shall provide the other Party with oral notice of the event of Force MajeureMajeure Event, and within two (2) weeks of knowledge of the commencement of a Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption interruption in performance. Failure to provide timely written notice constitutes a waiver of the Force Majeure Event only for the time-period as to all time periods prior to delivery of the provision of timely notice. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.
Appears in 1 contract
Samples: Energy Storage Agreement
Notice for Force Majeure. Within five (5) Business Days of knowledge of the commencement of Force Majeure Event, the The claiming Party shall make commercially reasonable efforts to provide the other Party with oral notice of the event Force Majeure Event within five (5) Business Days of the date the claiming Party becomes aware of being impacted by such Force MajeureMajeure Event, and within two (2) weeks of knowledge the date the claiming Party becomes aware of the commencement of a being impacted by such Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely written notice within such two (2)-week period constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from Xxxxx, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party Party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.. 41
Appears in 1 contract
Samples: Renewable Power Purchase Agreement
Notice for Force Majeure. Within five (5) Business Days of knowledge of the commencement of Force Majeure Event, the The claiming Party shall make commercially reasonable efforts to provide the other Party with oral notice of the event Force Majeure Event within five (5) Business Days of the date the claiming Party becomes aware of being impacted by such Force MajeureMajeure Event, and within two (2) weeks of knowledge the date the claiming Party becomes aware of the commencement of a being impacted by such Force Majeure Event the claiming Party shall provide the other Party with notice in the form of a letter describing in detail the occurrence giving rise to the Force Majeure Event, including the nature, cause, estimated date of commencement thereof, and the anticipated extent of any delay or interruption in performance. Failure to provide timely written notice within such two (2)-week period constitutes a waiver of the Force Majeure Event only for the time-period prior to the provision of timely noticeEvent. Upon written request from XxxxxBuyer, Seller shall provide documentation demonstrating to Buyer’s reasonable satisfaction that each day of the claimed delay was the result of a Force Majeure Event and did not result from Seller’s actions or failure to exercise due diligence or take reasonable actions. The claiming party Party shall promptly notify the other Party in writing of the cessation or termination of such Force Majeure Event, all as known or estimated in good faith by the affected Party. The suspension of performance due to a claim of a Force Majeure Event must be of no greater scope and of no longer duration than is required by the Force Majeure Event.
Appears in 1 contract
Samples: Renewable Power Purchase Agreement