Performance Excused. If either Party is rendered wholly or partly unable to perform its obligations hereunder because of Force Majeure as defined above, that Party shall be excused from whatever performance is affected by the Force Majeure to the extent so affected, provided that: (i) the non-performing Party will, as soon as practicable after the occurrence of Force Majeure, give the other Party written notice describing the particulars of the occurrence; (ii) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure; and (iii) the non-performing Party shall use due diligence to remedy its inability to perform. The non-performing Party shall inform the other Party of when it expects to remove the cause, if possible, and what steps it is taking to cure.
Appears in 9 contracts
Samples: Contract for the Sale of Energy/Capacity/Renewable Energy Credits, Capacity and Associated Energy Purchase and Sale Agreement, Capacity Purchase and Sale Agreement
