Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall: (i) give each other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 (three) Days after the occurrence of the Force Majeure Event(s) or 6 (six) hours after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and (ii) give each other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 (seven) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s). (b) The affected Party shall also provide notice to each other Party of: (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and (ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 (seven) Days after the occurrence of each of (i) and (ii) above. (c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 (three) Day period or 6 (six) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 8 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Political Event or Change in Law a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the Force Majeure Event(s) Political Event or Change in Law as soon as practicable, but in any event, not later than 3 three (three3) Days after the affected Party became aware, or should have become aware, of the occurrence of the Force Majeure Event(s) Political Event or 6 Change in Law or six (six6) hours after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Event(s) Political Event or Change in Law in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Political Event or Change in Law is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Political Event or Change in Law and its cause(s) cause and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Political Event or Change in Law.
(b) The affected Party shall also provide notice to each other Party of:
(i) with respect to an ongoing Force Majeure Event, Political Event or Change in Law the cessation of the Force Majeure EventPolitical Event or Change in Law; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Political Event or Change in Law to the other Parties within the 3 ten (three10) Day period or 6 one (six1) hour Business Day period required by Section 11.2(a11A.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 11A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i11A.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour period as required by Section 11.2(a)(i11A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 11A.4 from the date of commencement of the relevant Force Majeure EventPolitical Event or Change in Law.
Appears in 8 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Political Event or Change in Law a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Political Event or Change in Law as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) Political Event or 6 Change in Law or six (six6) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Political Event or Change in Law in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Political Event or Change in Law is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Political Event or Change in Law and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Political Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure EventPolitical Event or Change in Law, the cessation of the Force Majeure EventPolitical Event or Change in Law; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Political Event or Change in Law to the other Parties Party within the 3 three (three3) Day Days period or 6 six (six6) hour hours period required by Section 11.2(a11A(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i11A.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour hours period as required by Section 11.2(a)(i11A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 11A.4 from the date of commencement of the relevant Force Majeure EventPolitical Event or Change in Law.
Appears in 5 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Political Event or Change in Law a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Political Event or Change in Law as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) Political Event or 6 Change in Law or six (six6) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Political Event or Change in Law in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Political Event or Change in Law is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Political Event or Change in Law and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Political Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure EventPolitical Event or Change in Law, the cessation of the Force Majeure EventPolitical Event or Change in Law; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Political Event or Change in Law to the other Parties Party within the 3 three (three3) Day Days period or 6 six (six6) hour hours period required by Section 11.2(a11A(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i16A.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour hours period as required by Section 11.2(a)(i16A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16A.4 from the date of commencement of the relevant Force Majeure EventPolitical Event or Change in Law.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 three (three3) Day period or 6 six (six6) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 3 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 ten (three10) Days after the affected Party became aware, or should have become aware, of the occurrence of the Force Majeure Event(s) or 6 one (six1) hours Business Day after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 ten (three10) Day period or 6 one (six1) hour Business Day period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 ten (three10) Day period or 6 one (six1) hour Business Day period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 3 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever which ever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties Party within the 3 three (three3) Day period or 6 six (six6) hour period required by Section 11.2(a16.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i16.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour period as required by Section 11.2(a)(i16.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Notification Obligations. (a) If by reason of a Force Majeure Political Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the Force Majeure Political Event(s) as soon as practicable, but in any event, not later than 3 ten (three10) Days after the affected Party became aware, or should have become aware, of the occurrence of the Force Majeure Political Event(s) or 6 one
(six1) hours Business Day after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Political Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Political Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Political Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Political Event(s).
(b) The affected Party shall also provide notice to each other Party of:
(i) with respect to an ongoing Force Majeure Political Event, the cessation of the Force Majeure Political Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Political Event to the other Parties within the 3 ten (three10) Day period or 6 one (six1) hour Business Day period required by Section 11.2(a11A.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 11A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i11A.2(a)(i) has been given; and if such notice is given within the 3 ten (three10) Day period or 6 one (six1) hour Business Day period as required by Section 11.2(a)(i11A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 11A.4 from the date of commencement of the relevant Force Majeure Political Event.
Appears in 3 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, then the affected Party shall:
: (i) give each the other Party Parties notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 (three) Days the later of 48 hours after the occurrence affected Party becomes aware of the Force Majeure Event(s) or 6 (six) six hours after the resumption of any means of providing notice between the Company notice; and the GOB, whichever is later; and
(ii) give each the other Party Parties a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that such information can reasonably be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, affected and a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not later than 7 (seven) Days seven days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other another Party, the affected Party shall provide further notices to the such other Party more fully describing the Force Majeure Event(s) and its the cause(s) therefor and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party of:
Parties as soon as possible, but not later than seven days following: (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
or (ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 (seven) Days after Agreement by reason of the occurrence cessation of each of (i) and (ii) abovethe Force Majeure Event.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties within the 3 (three) Day period 48-hour or 6 (six) -hour period required by Section 11.2(a23.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, case the affected Party shall not be excused pursuant to Section 11.4 this Article XXIII for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 (three) Day period 48-hour or 6 (six) -hour period as required by Section 11.2(a)(i23.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 this Article XXIII from the date of commencement of the relevant Force Majeure Event.
Appears in 2 contracts
Samples: Production Sharing Agreement, Production Sharing Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out perform its obligations under this Agreement, the affected Party shall:
(i) give each provide the other Party notice of the Force Majeure Event(s) Event as soon as practicablepracticable but, but in any event, not no later than 3 the later of, forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOBPurchaser, whichever is later; and
(ii) give each provide the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary an estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicablepracticable but, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. Party pursuant to Section 15.2(a)(i).
(b) When appropriate appropriate, or when reasonably requested by the other Party so to do so by any other Partydo, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Event and its cause(s) cause and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and effects thereof, as well as estimates, to the extent practicable, of the time that the affected Party reasonably expects it will to be unable to carry out perform any of its affected obligations due to the Force Majeure Event(s)Event.
(bc) The affected Party shall also provide notice notices to each the other Party of:
(iof(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(iiEvent notified under Section 15.2(a) its ability together with an estimate of the date on which it will be able to recommence performance of its obligations under this Agreement; and (ii) the date it recommenced or will recommence performance of its obligations under this Agreement, including, following the occurrence of the Commercial Operations Date, the date on which the delivery of Net Delivered Energy will resume (if such delivery had been curtailed) as soon as possiblepossible and, but in any event, not no later than 7 forty-eight (seven48) Days hours after the occurrence of each of the events mentioned in clause (i) and clause (ii) aboveii),above.
(cd) Failure by the affected Party to give have provided written notice of a Force Majeure Event to the other Parties Party within the 3 six (three) Day period or 6 (six6) hour period required by or forty eight (48) hour period stipulated in Section 11.2(a) 15.2(a), shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if such . If the aforesaid notice is given provided within the 3 forty-eight (three) Day period or 6 (six48) hour period as required by or six (6) hour period stipulated in Section 11.2(a)(i15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 15.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 2 contracts
Notification Obligations. (a) If by reason of a Force Majeure Political Event or Change in Law a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Political Event or Change in Law as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) Political Event or 6 Change in Law or six (six6) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Political Event or Change in Law in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Political Event or Change in Law is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Political Event or Change in Law and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Political Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure EventPolitical Event or Change in Law, the cessation of the Force Majeure EventPolitical Event or Change in Law; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Political Event or Change in Law to the other Parties Party within the 3 three (three3) Day Days period or 6 six (six6) hour hours period required by Section 11.2(a16A(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i16A.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour hours period as required by Section 11.2(a)(i16A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16A.4 from the date of commencement of the relevant Force Majeure EventPolitical Event or Change in Law.
Appears in 2 contracts
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 ten (three10) Days after the occurrence of the Force Majeure Event(s) or 6 one (six1) hours Business Day after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties Party within the 3 ten (three10) Day Days period or 6 one (six1) hour Business Day period required by Section 11.2(a16.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.Section
Appears in 2 contracts
Notification Obligations. (a) If by reason of a Force Majeure Political Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Political Event(s) as soon as practicable, but in any event, not later than 3 ten (three10) Days after the occurrence of the Force Majeure Political Event(s) or 6 one (six1) hours Business Day after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Political Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Political Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Political Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Political Event(s).
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Political Event, the cessation of the Force Majeure Political Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 (seven) Days after the occurrence of each of (i) and (ii) above.,
(c) Failure by the affected Party to give notice of a Force Majeure Political Event to the other Parties Party within the 3 ten (three10) Day Days period or 6 one (six1) hour Business Day period required by Section 11.2(a16A(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16A.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i16A.2(a)(i) has been given; and if such notice is given within the 3 ten (three310) Day period or 6 one (six1) hour Business Day period as required by Section 11.2(a)(i16A.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16A.4 from the date of commencement of the relevant Force Majeure Political Event.
Appears in 2 contracts
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBOff-Taker, whichever which ever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Event and its cause(s) cause or causes and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof effects thereof; and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties Party within the 3 three (three3) Day period or 6 six (six6) hour period required by Section 11.2(a16.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 16.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i16.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour period as required by Section 11.2(a)(i16.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Power Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Producer and the GOB, whichever is later; andSSS;
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate ; and
(iii) when appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, event not later than 7 seven (seven7) Days after the occurrence of each of the clauses (i) and (ii) abovehereinabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty-eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a21.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 21.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty-eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i21.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 21.4 from the date time of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Notification Obligations. (a) If The Party affected by reason of a Force Majeure Event a Party is wholly or partially unable shall give notice to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the any Force Majeure Event(s) Event as soon as practicable, but reasonably practicable and in any event, not later than 3 event within forty-eight (three) Days after the occurrence of the Force Majeure Event(s) or 6 (six48) hours after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 (seven) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given Event. In the case of a Government Event a copy of the notice shall be provided to the relevant Government Body. Notwithstanding the above, if the event constituting a Force Majeure Event results in a breakdown of communications rendering it not reasonably practicable to give notice within the applicable time limit specified herein, then the Party affected by the Force Majeure Event shall give such notice as soon as reasonably practicable after the reinstatement of communications, but not later than one (1) Business Day after such reinstatement. Any notice shall include full particulars of the event constituting the Force Majeure Event, of its effects on the Party claiming relief and the remedial measures proposed. The Party affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party a Force Majeure Event shall provide further notices to give the other Party more fully describing regular reports on the Force Majeure Event(s) progress of those remedial measures and its cause(s) and providing or updating such other information relating to as the efforts of the affected other Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party may reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s)request.
(b) The Party affected Party by a Force Majeure Event shall also provide notice give to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, reasonable facilities for obtaining further information about the cessation circumstances of the Force Majeure Event; and, as appropriate, facilities for inspection of the Site.
(c) The Party affected by a Force Majeure Event shall give notice to the other Party of (i) the cessation of the relevant event constituting a Force Majeure Event, and (ii) the cessation of the effects of such event constituting a Force Majeure Event on the enjoyment by such Party of its ability to recommence rights or the performance by it of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 (seven) Days practicable after the occurrence becoming aware of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 (three) Day period or 6 (six) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Power Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 twenty-four (six24) hours after the resumption of any means of providing notice between the Company Seller and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
Event notified under Section 13.2(a) along with an estimate of the date it would be able to recommence performance of its obligations under this Agreement, and (ii) its ability the date it was able to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days after the occurrence of each of the events mentioned in clauses (i) and (ii) abovehereabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 twenty-four (six24) hour period required by under Section 11.2(a13.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 (Delay Caused by Force Majeure) for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.six
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) a. If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out perform its obligations under this Agreement, the affected Party shall:
(i) give each i. provide the other Party notice of the Force Majeure Event(s) Event as soon as practicablepracticable but, but in any event, not no later than 3 the later of, forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOBPurchaser, whichever is later; and
(ii) give each . provide the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary an estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicablepracticable but, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. Party pursuant to Section 15.2.(a)(i).
b. When appropriate appropriate, or when reasonably requested by the other Party so to do so by any other Partydo, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Event and its cause(s) cause and providing or updating information relating to the efforts of the affected Party to avoid and/or or to mitigate the effect(s) thereof and effects thereof, as well as estimates, to the extent practicable, of the time that the affected Party reasonably expects it will to be unable to carry out perform any of its affected obligations due to the Force Majeure Event(s)Event.
(b) c. The affected Party shall also provide notice notices to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(iiEvent notified under Section 15.2(a) its ability together with an estimate of the date on which it will be able to recommence performance of its obligations under this Agreement; and (ii) the date it recommenced or will recommence performance of its obligations under this Agreement, including, following the occurrence of the Commercial Operations Date, the date on which the delivery of Net Delivered Energy will resume (if such delivery had been curtailed) as soon as possiblepossible and, but in any event, not no later than 7 forty-eight (seven48) Days hours after the occurrence of each of the events mentioned in clause (i) and clause (ii) aboveii),above.
(c) d. Failure by the affected Party to give have provided written notice of a Force Majeure Event to the other Parties Party within the 3 six (three) Day period or 6 (six6) hour period required by or forty eight (48) hour period stipulated in Section 11.2(a) 15.2(a), shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if such . If the aforesaid notice is given provided within the 3 forty-eight (three) Day period or 6 (six48) hour period as required by or six (6) hour period stipulated in Section 11.2(a)(i15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 15.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Power Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBGOP, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or and/ or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; , and
(ii) its ability to recommence performance of its obligations under this Agreement, Agreement as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days days after the occurrence of each of the clauses (i) and (ii) aboveherein.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a13.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i13.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 13.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out perform its obligations under this Agreement, the affected Party shall:
(i) give each provide the other Party notice of the Force Majeure Event(s) Event as soon as practicablepracticable but, but in any event, not no later than 3 the later of, forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOBPurchaser, whichever is later; and
(ii) give each provide the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicablepracticable but, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. Party pursuant to Section 15.2.(a)(i).
(b) When appropriate appropriate, or when reasonably requested by the other Party so to do so by any other Partydo, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Event and its cause(s) cause and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and effects thereof, as well as estimates, to the extent practicable, of the time that the affected Party reasonably expects it will to be unable to carry out perform any of its affected obligations due to the Force Majeure Event(s)Event.
(bc) The affected Party shall also provide notice notices to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(iiEvent notified under Section 15.2(a) its ability together with an estimate of the date on which it will be able to recommence performance of its obligations under this Agreement; and (ii) the date it recommenced or will recommence performance of its obligations under this Agreement, including, following the occurrence of the Commercial Operations Date, the date on which the delivery of Net Delivered Energy will resume (if such delivery had been curtailed) as soon as possiblepossible and, but in any event, not no later than 7 forty-eight (seven48) Days hours after the occurrence of each of the events mentioned in clause (i) and clause (ii) aboveii),above.
(cd) Failure by the affected Party to give have provided written notice of a Force Majeure Event to the other Parties Party within the 3 six (three) Day period or 6 (six6) hour period required by or forty eight (48) hour period stipulated in Section 11.2(a) 15.2(a), shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if such . If the aforesaid notice is given provided within the 3 forty-eight (three) Day period or 6 (six48) hour period as required by or six (6) hour period stipulated in Section 11.2(a)(i15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 15.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Energy Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 twenty-four (six24) hours after the resumption of any means of providing notice between the Company Seller and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
Event notified under Section 13.2(a) along with an estimate of the date it would be able to recommence performance of its obligations under this Agreement, and (ii) its ability the date it was able to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days after the occurrence of each of the events mentioned in clauses (i) and (ii) abovehereabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 twenty-four (six24) hour period required by under Section 11.2(a13.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 (Delay Caused by Force Majeure) for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as or twenty-four (24) hour period required by Section 11.2(a)(i13.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 13.4 (Delay Caused by Force Majeure) from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this AgreementContract, the affected Party shallshall :
(i) give each the other Party notice of the Force Majeure Event(sEvent (s) as soon as practicable, but in any event, not later than only 3 (three) Days days after the occurrence of the Force Majeure Event(sEvent (s) or 6 (six) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(sEvent (s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 (seven) Days after the initial notice of the occurrence of the Force Majeure Event(sEvent (s) is given by the affected Party. When ; AND when appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide provide:
(a) further notices to the other Party more fully describing the Force Majeure Event(sEvent (s) and its cause(scause (s) and providing or updating information relating to the efforts of the affected Party to avoid and/or and/ or to mitigate the effect(seffect (s) thereof and thereof; and
(b) estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party ofof :
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, Contract; as soon as possible, but in any the event, not later than 7 (seven) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties Party within the 3 (three) Day days period or 6 (six) hour period required by Section 11.2(a16.2
(a) shall not prevent the affected Party from giving such notice at a later time; provided: Provided, that that:
(i) in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.Section
Appears in 1 contract
Samples: Power Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Producer and the GOB, whichever is later; andSSS;
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate ; and
(iii) when appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. as soon as possible, but possible and in any event, event not later than 7 seven (seven7) Days after the occurrence of each of the clauses (i) and (ii) abovehereinabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty-eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a21.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 21.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty-eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i21.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 21.4 from the date time of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Dry Sand Tolling Agreement (Emerge Energy Services LP)
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the Implementation Agreement 46 affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 twenty-four (six24) hours after the resumption of any means of providing notice between the Company Seller and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
Event notified under Section 13.2(a) along with an estimate of the date it would be able to recommence performance of its obligations under this Agreement, and (ii) its ability the date it was able to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days after the occurrence of each of the events mentioned in clauses (i) and (ii) abovehereabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 twenty-four (six24) hour period required by under Section 11.2(a13.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 (Delay Caused by Force Majeure) for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as or twenty-four (24) hour period required by Section 11.2(a)(i13.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 13.4 (Delay Caused by Force Majeure) from the date of commencement of the relevant Force Majeure Event.. Implementation Agreement 47
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out perform its obligations under this Agreement, the affected Party shall:
(i) give each provide the other Party notice of the Force Majeure Event(s) Event as soon as practicablepracticable but, but in any event, not no later than 3 the later of, forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOBPurchaser, whichever is later; and
(ii) give each provide the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicablepracticable but, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. Party pursuant to Section 15.2.(a)(i).
(b) When appropriate appropriate, or when reasonably requested by the other Party so to do so by any other Partydo, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) Event and its cause(s) cause and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and effects thereof, as well as estimates, to the extent practicable, of the time that the affected Party reasonably expects it will to be unable to carry out perform any of its affected obligations due to the Force Majeure Event(s)Event.
(bc) The affected Party shall also provide notice notices to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(iiEvent notified under Section 15.2(a) its ability together with an estimate of the date on which it will be able to recommence performance of its obligations under this Agreement; and (ii) the date it recommenced or will recommence performance of its obligations under this Agreement, including, following the occurrence of the Commercial Operations Date, the date on which the delivery of Net Delivered Energy will resume (if such delivery had been curtailed) as soon as possiblepossible and, but in any event, not no later than 7 forty-eight (seven48) Days hours after the occurrence of each of the events mentioned in clause (i) and clause (ii) above.
(cd) Failure by the affected Party to give have provided written notice of a Force Majeure Event to the other Parties Party within the 3 six (three) Day period or 6 (six6) hour period required by or forty eight (48) hour period stipulated in Section 11.2(a) 15.2(a), shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if such . If the aforesaid notice is given provided within the 3 forty-eight (three) Day period or 6 (six48) hour period as required by or six (6) hour period stipulated in Section 11.2(a)(i15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 15.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Energy Purchase Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this AgreementContract, the affected Party shallshall :
(i) give each the other Party notice of the Force Majeure Event(sEvent (s) as soon as practicable, but in any event, not later than only 3 (three) Days days after the occurrence of the Force Majeure Event(sEvent (s) or 6 (six) hours after the resumption of any means of providing notice between the Company and the GOBBPDB, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(sEvent (s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 (seven) Days after the initial notice of the occurrence of the Force Majeure Event(sEvent (s) is given by the affected Party. When ; AND when appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide provide:
(a) further notices to the other Party more fully describing the Force Majeure Event(sEvent (s) and its cause(scause (s) and providing or updating information relating to the efforts of the affected Party to avoid and/or and/ or to mitigate the effect(seffect (s) thereof and thereof; and
(b) estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party ofof :
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, Contract; as soon as possible, but in any the event, not later than 7 (seven) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties Party within the 3 (three) Day days period or 6 (six) hour period required by Section 11.2(a16.2
(a) shall not prevent the affected Party from giving such notice at a later time; provided: Provided, that that:
(i) in such case, the affected Party shall not be excused pursuant to Section 11.4 16.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement Contract until the notice required by Section 11.2(a)(i16.2 (a) (i) has been given; and and
(ii) if such notice is in given within the 3 (three) Day days period or 6 (six) hour period as required by Section 11.2(a)(i16.2 (a) (i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 16.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Power Purchase Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or and/ or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(bi) The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
, and (ii) its ability to recommence performance of its obligations under this Agreement, Agreement as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days days after the occurrence of each of the clauses (i) and (ii) abovehereabove.
(cii) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a(a) shall not prevent the affected Party from giving such notice at a later time; providedprovided , however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i13.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 13.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOB, whichever is later; andSSS;
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the *** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate ; and
(iii) when appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, event not later than 7 seven (seven7) Days after the occurrence of each of the clauses (i) and (ii) abovehereinabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty-eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a23.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 23.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty-eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i23.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 23.4 from the date time of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Wet Sand Supply Agreement (Emerge Energy Services LP)
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) Event. The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
, and (ii) its ability to recommence performance of its obligations under this Agreement, Agreement as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days days after the occurrence of each of the clauses (i) and (ii) above.
(c) hereabove. Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 six (six6) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.Section
Appears in 1 contract
Samples: Water Use Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 three (three3) Days after the occurrence of the Force Majeure Event(s) or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOB, whichever is later; and
(ii) give each other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that can be reasonably determined at the time of the second notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will be unable to perform the obligations, and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each other Party of:of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 seven (seven7) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 three (three3) Day period or 6 six (six6) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 three (three3) Day period or 6 six (six6) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Concessionaire and the GOB, whichever is laterGrantor; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. .
(b) When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but in any event, not later than 7 (seven) Days after the occurrence of each of (i) and (ii) above.
(c) Failure by the affected Party to give notice of a Force Majeure Event to the other Parties within the 3 (three) Day period or 6 (six) hour period required by Section 11.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, that in such case, the affected Party shall not be excused pursuant to Section 11.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the notice required by Section 11.2(a)(i) has been given; and if such notice is given within the 3 (three) Day period or 6 (six) hour period as required by Section 11.2(a)(i), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Concession Agreement
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company Seller and the GOB, whichever is later; andSSS;
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate ; and
(iii) when appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
(i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
(ii) its ability to recommence performance of its obligations under this Agreement, as soon as possible, but possible and in any event, event not later than 7 seven (seven7) Days after the occurrence of each of the clauses (i) and (ii) abovehereinabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty-eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a23.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 23.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty-eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i23.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 23.4 from the date time of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Wet Sand Supply Agreement (Emerge Energy Services LP)
Notification Obligations. (a) If If, by reason of a Force Majeure Event Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
shall (i) give each the other Party notice of the Force Majeure Event(s) Event as soon as practicable, but in any event, not no later than 3 the later of forty eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) Event or 6 six (six6) hours after the resumption of any means of providing notice between the Company and the GOBGOP, whichever is later; and
and (ii) give each the other Party a second notice, describing the Force Majeure Event(s) Event in reasonable detail and, to the extent that which can reasonably be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not no later than 7 seven (seven7) Days days after the initial notice of the occurrence of the Force Majeure Event(s) Event is given by the affected Party. When appropriate appropriate, or when reasonably requested so to do so by any the other Party, the affected Party shall provide further notices to the other Party Party, more fully describing the Force Majeure Event(s) Event and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s)Event.
(b) The affected Party shall also provide notice to each the other Party of:
of (i) with respect to an ongoing Force Majeure Event, the cessation of the Force Majeure Event; and
, and (ii) its ability to recommence performance of its obligations under this Agreement, Agreement as soon as possible, but possible and in any event, not event no later than 7 seven (seven7) Days days after the occurrence of each of the clauses (i) and (ii) abovehereabove.
(c) Failure by the affected Party to give written notice of a Force Majeure Event to the other Parties Party within the 3 forty eight (three48) Day hour period or 6 six (six6) hour period required by under Section 11.2(a13.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, the affected Party shall not be excused pursuant to Section 11.4 13.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if . If such notice is given within the 3 forty eight (three) Day period or 6 (six48) hour period as or six (6) hour period required by Section 11.2(a)(i13.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 13.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Implementation Agreement
Notification Obligations. (a) If by reason of a Force Majeure Event a Party is wholly or partially unable to carry out its obligations under this Agreement, the affected Party shall:
(i) give each the other Party notice of the Force Majeure Event(s) as soon as practicable, but in any event, not later than 3 the last of, forty-eight (three48) Days hours after the affected Party becomes aware of the occurrence of the Force Majeure Event(s) or 6 twenty-four (six24) hours after the resumption of any means of providing notice between the Company Seller and the GOBPurchaser, whichever is later; and
(ii) give each the other Party a second notice, describing the Force Majeure Event(s) in reasonable detail and, to the extent that which can be reasonably determined at the time of the second such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party will shall be unable to perform the obligations, such obligations and other relevant matters as soon as practicable, but in any event, not later than 7 seven (seven7) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given by the affected Party. When appropriate or when reasonably requested to do so by any the other Party, the affected Party shall provide further notices to the other Party more fully describing the Force Majeure Event(s) and its cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effect(s) thereof and estimates, to the extent practicable, of the time that the affected Party reasonably expects it will shall be unable to carry out any of its affected obligations due to the Force Majeure Event(s).
(b) The affected Party shall also provide notice to each the other Party ofParty:
(i) with respect to an ongoing Force Majeure Event, of the cessation of the Force Majeure Event; , and
(ii) of its ability to recommence performance of its obligations under this Agreement, Agreement as soon as possible, but possible and in any event, event not later than 7 seven (seven7) Days after the occurrence of each of clause (i) and (ii) above.
(c) Failure by the affected Party to give have given written notice of a Force Majeure Event to the other Parties Party within the 3 forty-eight (three48) Day hour period or 6 twenty-four (six24) hour period required by Section 11.2(a15.2(a) shall not prevent the affected Party from giving such notice at a later time; provided, however, that in such case, case the affected Party shall not be excused pursuant to Section 11.4 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until the such notice required by Section 11.2(a)(i) has been given; and if such . If said notice is given within the 3 forty-eight (three) Day period or 6 (six48) hour period as or twenty-four (24) hour period required by Section 11.2(a)(i15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 11.4 15.4 from the date of commencement of the relevant Force Majeure Event.
Appears in 1 contract
Samples: Energy Purchase Agreement