Common use of Notification of Obligations Clause in Contracts

Notification of Obligations. Subject to Clause 12.1.3, if by reason of any Force Majeure Event, a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such Party shall: 12.2.1 give the other Party notice of such Force Majeure Event as soon as practicable, but in any event, not later than the later of two (2) hours after becoming aware of the occurrence of such Force Majeure Event or six (6) hours after the resumption of any means of providing notice between the Parties; and 12.2.2 give the other Party a second notice, describing such Force Majeure Event in reasonable detail and to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters as soon as practicable, but in any event, no later than five (5) Days after the initial notice given under Clause 12.2.1; 12.2.3 when appropriate or when reasonably requested to do so by the other Party, provide further notices to the other Party more fully describing such Force Majeure Event and its causes and providing or updating information relating to the efforts to avoid and/or to mitigate the effects thereof and estimates, to the extent practicable, of the time that it reasonably expects it shall be unable to carry out any of its affected obligations due to such Force Majeure Event; 12.2.4 notify the other Party of: 12.2.4.1 the cessation of such Force Majeure Event (where such event was of a type that was ongoing); and 12.2.4.2 its ability (or its inability, together with an estimate of the date it will be able) to recommence performance of its obligations under this Agreement, as soon as possible and in any event not later than seven (7) Days after the cessation of such Force Majeure Event. 12.2.5 If the affected Party does not give notice within the time limit specified in Clause 12.2.1, it may do so at a later time but it shall only be excused for its failure or delay under Clause 12.4 from the date such notice is given and not from commencement of such Force Majeure Event.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Notification of Obligations. Subject to Clause 12.1.3, if (a) If by reason of any a Force Majeure Event, Event a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such affected Party shall: 12.2.1 (i) give the other Party notice of such the Force Majeure Event Event(s) as soon as practicable, but in any event, not later than the later of two of, forty-eight (248) hours after becoming the affected Party becomes aware of the occurrence of such the Force Majeure Event Event(s) or six (6) hours after the resumption of any means of providing notice between the Parties; Seller and the Purchaser, and 12.2.2 (ii) give the other Party a second notice, describing such the Force Majeure Event Event(s) in reasonable detail and and, to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters as soon as practicable, but in any event, no not later than five seven (57) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given under Clause 12.2.1; 12.2.3 when by the affected Party pursuant to Section 15.2.(a)(i). When appropriate or when reasonably requested to do so by the other Party, the affected Party shall provide further notices to the other Party more fully describing such the Force Majeure Event Event(s) and its causes cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effects effect(s) thereof and estimates, to the extent practicable, of the time that it the affected Party reasonably expects it shall be unable to carry out any of its affected obligations due to such the Force Majeure Event;Event(s). 12.2.4 notify (b) The affected Party shall provide notice to the other Party of: 12.2.4.1 of (i) the cessation of such the Force Majeure Event (where such event was of a type that was ongoing); and 12.2.4.2 its ability (or its inability, together notified under Section 15.2(a) along with an estimate of the date it will would be ableable to recommence performance of its obligations under this Agreement, and (ii) the date it was able to recommence performance of its obligations under this Agreement, as soon as possible and in any event not no later than seven (7) Days after the cessation occurrence of such Force Majeure Eventeach of the events mentioned in clauses (i) and (ii) hereabove. 12.2.5 If (c) Failure by the affected Party does not give to have given written notice of a Force Majeure Event to the other Party within the time limit specified in Clause 12.2.1, it may do so six (6) hour period or forty eight (48) hour period required by Section 15.2(a) shall not prevent the affected Party from giving such notice at a later time but it time; provided, however, that in such case the affected Party shall only not be excused pursuant to Section 15.4 for its any failure or delay in complying with its obligations under Clause 12.4 from the date or pursuant to this Agreement until such notice has been given. If said notice is given and not from commencement of such Force Majeure Event.within the forty-eight

Appears in 1 contract

Samples: Energy Purchase Agreement

Notification of Obligations. Subject to Clause 12.1.3, if (a) If by reason of any a Force Majeure Event, Event or Events a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such affected Party shall: 12.2.1 (i) give the other Party notice of such the Force Majeure Event Event(s) as soon as practicable, but in any event, not later than the later of two forty-eight (248) hours after becoming the affected Party becomes aware of the occurrence of such the Force Majeure Event Event(s) or six (6) hours after the resumption of any means of providing notice between the Parties; Seller and the Purchaser, and 12.2.2 (ii) give the other Party a second notice, describing such the Force Majeure Event Event(s) in reasonable detail and and, to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters as soon as practicable, but in any event, no not later than five seven (57) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given under Clause 12.2.1; 12.2.3 when by the affected Party pursuant to Section 15.2(a)(i). When appropriate or when reasonably requested to do so by the other Party, the affected Party shall provide further notices to the other Party more fully describing such the Force Majeure Event Event(s) and its causes cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effects effect(s) thereof and estimates, to the extent practicable, of the time that it the affected Party reasonably expects it shall be unable to carry out any of its affected obligations due to such the Force Majeure Event;Event(s). 12.2.4 notify (b) The affected Party shall provide notice to the other Party of: 12.2.4.1 of (i) the cessation of such the Force Majeure Event (where such event was of a type that was ongoing); and 12.2.4.2 its ability (or its inability, together notified under Section 15.2(a) along with an estimate of the date it will would be ableable to recommence performance of its obligations under this Agreement, and (ii) the date it was able to recommence performance of its obligations under this Agreement, as soon as possible and in any event not no later than seven (7) Days after the cessation occurrence of each of the events mentioned in clauses (i) and (ii) hereabove. (c) Failure by the affected Party to have given written notice of a Force Majeure Event to the other Party within the forty-eight (48) hour period or six (6) hour period required by Section 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 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until such notice has been given. If the said notice is given within the forty-eight (48) hour period or six (6) hour period required by Section 15.2(a), hereabove, the affected Party shall be excused for such failure or delay pursuant to Section 15.4 from the date of commencement of the relevant Force Majeure Event. 12.2.5 If the affected Party does not give notice within the time limit specified in Clause 12.2.1, it may do so at a later time but it shall only be excused for its failure or delay under Clause 12.4 from the date such notice is given and not from commencement of such Force Majeure Event.

Appears in 1 contract

Samples: Energy Purchase Agreement

Notification of Obligations. Subject to Clause 12.1.3, if (a) If by reason of any a Force Majeure Event, Event or Events a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such affected Party shall: 12.2.1 (i) give the other Party notice of such the Force Majeure Event Event(s) as soon as practicable, but in any event, not later than the later of two forty-eight (248) hours after becoming the affected Party becomes aware of the occurrence of such the Force Majeure Event Event(s) or six twenty-four (624) hours after the resumption of any means of providing notice between the Parties; Company and the Power Purchaser, and 12.2.2 (ii) give the other Party a second notice, describing such the Force Majeure Event Event(s) in reasonable detail and and, to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters as soon as practicable, but in any event, no not later than five seven (57) Days after the initial notice of the occurrence of the Force Majeure Event(s) is given under Clause 12.2.1; 12.2.3 when appropriate pursuant to Section 15.2(a)(i) by the affected Party. When appropriate, or when reasonably requested so to do so by the other Party, the affected Party shall provide further notices to the other Party more fully describing such the Force Majeure Event Event(s) and its causes cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effects effect(s) thereof and estimates, to the extent practicable, of the time that it the affected Party reasonably expects it shall be unable to carry out any of its affected obligations due to such the Force Majeure Event(s). (b) The affected Party shall provide notice to the other Party: (i) with respect to an ongoing Force Majeure Event; 12.2.4 notify the other Party of: 12.2.4.1 , of the cessation of such the Force Majeure Event (where such event was of a type that was ongoing); Event, and 12.2.4.2 (ii) of its ability (or its inability, together with an estimate of the date it will be able) to recommence performance of its obligations under this Agreement, Agreement as soon as possible and but, in any event not event, no later than seven (7) Days after the cessation of such Force Majeure Event. 12.2.5 If the affected Party does not give notice within the time limit specified in Clause 12.2.1, it may do so at a later time but it shall only be excused for its failure or delay under Clause 12.4 from the date such notice is given and not from commencement of such Force Majeure Event.seven

Appears in 1 contract

Samples: Power Purchase Agreement

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Notification of Obligations. Subject to Clause 12.1.3, if (a) If by reason of any a Force Majeure Event, Event a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such affected Party shall: 12.2.1 shall (i) give the other Party notice of such the Force Majeure Event as soon as practicable, but in any event, not later than the later of two Forty Eight (248) hours after becoming the affected Party becomes aware of the occurrence of such the Force 'Majeure Event or six Six (6) hours after the resumption of any means of providing notice between the Parties; and 12.2.2 Buyer and the Seller, whichever is later, and (ii) give the other Party a second notice, describing such the Force Majeure Event in reasonable detail and and, to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters as soon as practicable, but in any event, no not later than five (5) Days days after the initial notice of the occurrence of the Force Majeure Event is given under Clause 12.2.1; 12.2.3 when by the affected Party. When appropriate or when reasonably requested to do so by the other Party, Party the affected Party shall provide further notices to the other Party more fully describing such the Force Majeure Event and its causes cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effects effect(s) thereof and estimates, to the extent practicable, of the time that it the affected Party reasonably expects it shall be he unable to carry out any of its affected obligations due to such the Force Majeure Event;. 12.2.4 notify (b) The affected Party shall provide notice to the other Party of: 12.2.4.1 of (i) with respect to an ongoing Force Majeure Event the cessation of such the Force Majeure Event Event, and (where such event was of a type that was ongoing); and 12.2.4.2 ii) its ability (or its inability, together with an estimate of the date it will be able) to recommence performance of its obligations under this Agreement, Agreement as soon as possible and in any event not later than seven five (75) Days days after the cessation occurrence of such Force Majeure Eventeach of clause (i) and (ii) above. 12.2.5 If (c) Failure by the affected Party does not to give written notice of a Force Majeure Event to the other Party within the time limit specified in Clause 12.2.1, it may do so Forty Eight (48) hour period or Six (6) hour period required by Section 13.2 (a) shall not prevent the affected Party from giving such notice at a later time but it time; provided, however, that in such case the affected Party shall only not be excused pursuant to Section 13.4 for its any failure or delay in complying with its obligations under Clause 12.4 from the date or pursuant to this Agreement until such notice has been given. If such notice is given and not from commencement of within the Forty-Eight (48) hour or Six (6) hour period required by Section 13.2 (a) the affected Party should be excused for such Force Majeure Event.failure or delay pursuant to Section

Appears in 1 contract

Samples: Coal Supply Agreement

Notification of Obligations. Subject to Clause 12.1.3, if β€Œ (a) If by reason of any a Force Majeure Event, Event a Party is wholly or partially unable to carry out its obligations under this Agreement, or in the case of the Concessionaire any of the CHP5 Project Agreements, such affected Party shall: 12.2.1 (i) give the other Party notice of such the Force Majeure Event Event(s) as soon as practicable, but in any event, not no later than the later of two forty-eight (248) hours after becoming the affected Party becomes aware of the occurrence of such the Force Majeure Event Event(s), or six (6) hours after the resumption of any means of providing notice between the PartiesSeller and the Purchaser; and 12.2.2 (ii) give the other Party a second notice, describing such the Force Majeure Event Event(s) in reasonable detail and and, to the extent which can be reasonably determined at the time of such notice, providing a preliminary evaluation of the obligations affected, a preliminary estimate of the period of time that the affected Party shall be unable to perform such obligations and other relevant matters matters, as soon as practicablepracticable but, but in any event, no later than five seven (57) Days after the initial notice of occurrence of the Force Majeure Event(s) is given under Clause 12.2.1; 12.2.3 when by the affected Party pursuant to Section 15.2.(a)(i). When appropriate or when reasonably requested so to do so by the other Party, the affected Party shall provide further notices to the other Party more fully describing such the Force Majeure Event Event(s) and its causes cause(s) and providing or updating information relating to the efforts of the affected Party to avoid and/or to mitigate the effects effect(s) thereof and estimates, to the extent practicable, of the time that it the affected Party reasonably expects it shall to be unable to carry out any of its affected obligations due to such the Force Majeure Event;Event(s). 12.2.4 notify (b) The affected Party shall provide notice to the other Party of: 12.2.4.1 : (i) the cessation of such the Force Majeure Event (where such event was of a type that was ongoing); and 12.2.4.2 its ability (or its inability, notified under Section 15.2(a) together with an estimate of the date it will would be ableable to recommence performance of its obligations under this Agreement; and (ii) the date it was able to recommence performance of its obligations under this Agreement, as soon as possible and in any event not no later than seven (7) Days after the cessation occurrence of each of the events mentioned in clauses (i) and (ii) hereabove. (c) Failure by the affected Party to have given written notice of a Force Majeure Event to the other Party within the six (6) hour period or forty-eight (48) hour period required by Section 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 15.4 for any failure or delay in complying with its obligations under or pursuant to this Agreement until such notice has been given. If the aforesaid notice is given within the forty-eight (48) hour period or six (6) hour period required by Section 15.2(a), the affected Party shall be excused for such failure or delay pursuant to Section 15.4, from the date of commencement of the relevant Force Majeure Event. 12.2.5 If the affected Party does not give notice within the time limit specified in Clause 12.2.1, it may do so at a later time but it shall only be excused for its failure or delay under Clause 12.4 from the date such notice is given and not from commencement of such Force Majeure Event.

Appears in 1 contract

Samples: Energy Purchase Agreement

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