Common use of Procedure for calling Force Majeure Clause in Contracts

Procedure for calling Force Majeure. If one Party wishes to claim relief from the performance of its obligations arising under this Agreement on account of any event or circumstance of Force Majeure (hereinafter, the “Affected Party”), then the Affected Party shall give written notice to the other Party of such event or circumstance as soon as reasonably practicable after becoming aware of such event or circumstance. Any Force Majeure event arising in connection with a Long Term Commodity Transaction, Day-Ahead Commodity Transaction or Short Term Commodity Transaction shall be handled in accordance with the Force Majeure provision contained in the applicable Implementation Agreements and not the provisions of this Section 9.1. Each notice of a Force Majeure event served by an Affected Party to the other Party shall specify the event or circumstance of Force Majeure in respect of which the Affected Party is claiming relief and the steps being taken to mitigate and overcome the effects of such event or circumstances. Noncompliance by the Affected Party with the procedure specified herein shall relieve the other Party from accepting the Affected Party’s claim until notice is so provided. The Affected Party shall, by reason of any event or circumstance of Force Majeure in respect of which it has claimed relief under this Section 9.1: (a) use its commercially reasonable efforts to mitigate the effects of such Force Majeure and to remedy any inability to perform its obligations hereunder due to such events as promptly as reasonably practicable; provided that: (i) the Affected Party shall not be obliged to take any steps that would not be in accordance with Good Industry Practice or Applicable Laws or that would be beyond its reasonable control; and (ii) the Affected Party shall not be required to settle any strikes or other labor disputes on terms that are adverse to the Affected Party and not commercially reasonable. (b) furnish periodic reports to the other Party regarding the progress in overcoming the adverse effects of such event of Force Majeure and setting forth its best, good faith estimate concerning when it will be able to resume the performance of its obligations under this Agreement; and (c) resume the performance of its obligations under this Agreement as soon as is reasonably practicable after the events of Force Majeure are remedied or cease to exist.

Procedure for calling Force Majeure. If one Party wishes to claim relief from the performance of its obligations arising under this Agreement on account of any event or circumstance of Force Majeure (hereinafter, the “Affected Party”), then the Affected Party shall give written notice to the other Party of such event or circumstance as soon as reasonably practicable after becoming aware of such event or circumstance. Any Force Majeure event arising in connection with a Long Term Commodity Transaction, Day-Ahead Commodity Transaction or Short Term Commodity Transaction shall be handled in accordance with the Force Majeure provision contained in the applicable Implementation Agreements and not the provisions of this Section 9.1. Each notice of a Force Majeure event served by an Affected Party to the other Party pursuant to this Article 9 shall specify the event or circumstance of Force Majeure in respect of which the Affected Party is claiming relief and the steps being taken to mitigate and overcome the effects of such event or circumstances. Noncompliance by the Affected Party with the procedure specified herein shall relieve the other Party from accepting the Affected Party’s claim until notice is so provided. The Affected Party shall, by reason of any event or circumstance of Force Majeure in respect of which it has claimed relief under this Section 9.19.2: (a) use its commercially reasonable efforts to mitigate the effects of such Force Majeure and to remedy any inability to perform its obligations hereunder due to such events as promptly as reasonably practicable; provided provided, that: : (i) the Affected Party shall not be obliged to take any steps that would not be in accordance with Good Industry Prudent Utility Practice or Applicable Laws or that would be beyond its reasonable control; and and (ii) the Affected Party shall not be required to settle any strikes or other labor disputes on terms that are adverse to the Affected Party and not commercially reasonable.; (b) furnish periodic reports to the other Party regarding the progress in overcoming the adverse effects of such event of Force Majeure and setting forth its best, good faith estimate concerning when it will be able to resume the performance of its obligations under this Agreement; andand [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. (c) resume the performance of its obligations under this Agreement as soon as is reasonably practicable after the events of Force Majeure are remedied or cease to exist.

Procedure for calling Force Majeure. or Acts of Providence. (a) If one Party wishes to claim relief from the performance of its obligations arising under this Agreement on account of any event or circumstance of Force Majeure or an Act of Providence (hereinafter, the “Affected Party”"AFFECTED PARTY"), then the Affected Party shall give written notice to the other Party of such event or circumstance as soon as reasonably practicable after becoming aware of such event or circumstance. Any Force Majeure event arising in connection with a Long Term Commodity Transaction, Day-Ahead Commodity Transaction or Short Term Commodity Transaction shall be handled in accordance with the Force Majeure provision contained in the applicable Implementation Agreements and not the provisions of this Section 9.1. . (b) Each notice of a Force Majeure event served by an Affected Party to the other Party pursuant to this Section 16.4 shall specify the event or circumstance of Force Majeure or Act of Providence in respect of which the Affected Party is claiming relief and the steps being taken to mitigate and overcome the effects of such event or circumstancesrelief. Noncompliance by the Affected Party with the procedure specified herein shall relieve the other Party from accepting the Affected Party’s 's claim until notice is so provided. The Affected Party shall, by reason of any event or circumstance of Force Majeure or Act of Providence in respect of which it has claimed relief under this Section 9.116.4: (ai) use its commercially reasonable efforts to mitigate the effects of such Force Majeure or Act of Providence and to remedy any inability to perform its obligations hereunder due to such events as promptly as reasonably practicable; provided that: : (iA) the Affected Party shall not be obliged to take any steps that would not be in accordance with Good Prudent Industry Practice or Applicable Laws or that would be beyond its reasonable control; and and (iiB) the Affected Party shall not be required to settle any strikes or other labor disputes dispute on terms that are adverse to the Affected Party and not commercially reasonable.; (bii) furnish timely periodic reports to the other Party regarding the progress in overcoming the adverse effects of such event of Force Majeure and setting forth its best, good faith estimate concerning when it will be able or Act of Providence; (iii) make available to resume the performance other Party reasonable facilities for obtaining further information about the event or circumstance of its obligations under this AgreementForce Majeure or Act of Providence; and (civ) resume the performance of its obligations under this Agreement as soon as is reasonably practicable immediately after the events of Force Majeure or Acts of Providence are remedied or cease to existexist or are deemed to have ended under the following paragraph. When the Affected Party is able, or would have been able if it had complied with its obligations under this Section 16.4, to resume the performance of all of its obligations under this Agreement affected by the occurrence of an event or circumstance of Force Majeure or Act of Providence, then the period of Force Majeure or Act of Providence relating to such event or circumstance shall be deemed to have ended.

Procedure for calling Force Majeure. If one Party wishes to claim relief from the performance of its obligations arising under this Agreement on account of any event or circumstance of Force Majeure (hereinafter, the “Affected Party”), then the Affected Party shall provide initial notice orally to the other party, then give written notice to the other Party of such event or circumstance as soon as reasonably practicable after becoming aware of such event or circumstance. Any Force Majeure event arising in connection with a Long Term Commodity Transaction, Day-Ahead Commodity Transaction or Short Term Commodity Transaction shall be handled in accordance with the Force Majeure provision contained in the applicable Implementation Agreements and not the provisions of this Section 9.1. Each notice of a Force Majeure event served by an Affected Party to the other Party pursuant to this Article IX shall specify the event or circumstance of Force Majeure in respect of which the Affected Party is claiming relief and the steps being taken to mitigate and overcome the effects of such event or circumstances. Noncompliance by the Affected Party with the procedure specified herein shall relieve the other Party from accepting the Affected Party’s claim until notice is so provided. The Affected Party shall, by reason of any event or circumstance of Force Majeure in respect of which it has claimed relief under this Section 9.19.2: (a) use its commercially reasonable efforts to mitigate the effects of such Force Majeure and to remedy any inability to perform its obligations hereunder due to such events as promptly as reasonably practicable; provided provided, that: : (i) the Affected Party shall not be obliged to take any steps that would not be in accordance with Good Industry Prudent Utility Practice or Applicable Laws or that would be beyond its reasonable control; and and (ii) the Affected Party shall not be required to settle any strikes or other labor disputes on terms that are adverse to the Affected Party and not commercially reasonable; [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request. (b) furnish periodic reports to the other Party regarding the progress in overcoming the adverse effects of such event of Force Majeure and setting forth its best, good faith estimate concerning when it will be able to resume the performance of its obligations under this Agreement; and (c) resume the performance of its obligations under this Agreement as soon as is reasonably practicable after the events of Force Majeure are remedied or cease to exist.

Procedure for calling Force Majeure. If one Party party wishes to claim relief from the performance of its obligations arising under this Agreement on account of any event or circumstance of Force Majeure (hereinafter, the “Affected Party”), then the Affected Party shall give written notice to the other Party party of such event or circumstance as soon as reasonably practicable after becoming aware of such event or circumstance. Any Force Majeure event arising in connection with a Long Term Commodity Transaction, Day-Ahead Commodity Transaction or Short Term Commodity Transaction shall be handled in accordance with the Force Majeure provision contained in the applicable Implementation Agreements and not the provisions of this Section 9.1. 1. Each notice of a Force Majeure event served by an Affected Party to the other Party party pursuant to this Section 14(b) shall specify the event or circumstance of Force Majeure in respect of which the Affected Party is claiming relief and the steps being taken to mitigate and overcome the effects of such event or circumstancesrelief. Noncompliance by the Affected Party with the procedure specified herein shall relieve the other Party party from accepting the Affected Party’s claim until notice is so provided. The Affected Party shall, by reason of any event or circumstance of Force Majeure in respect of which it has claimed relief under this Section 9.1:14(b): (ai) use its commercially reasonable best efforts to mitigate the effects of such Force Majeure and to remedy any inability to perform its obligations hereunder due to such events as promptly as reasonably reasonable practicable; provided that: (i) the Affected Party shall not be obliged to take any steps that would not be in accordance with Good Industry Practice or Applicable Laws or that would be beyond its reasonable control; and. (ii) the Affected Party shall not be required to settle any strikes or other labor disputes on terms that are adverse to the Affected Party and not commercially reasonable. (b) furnish periodic weekly reports to the other Party party regarding the progress in overcoming the adverse effects of such event of Force Majeure and setting forth its best, good faith estimate concerning when it will be able to resume the performance of its obligations under this Agreement; andMajeure. (ciii) resume the performance of its obligations under this Agreement as soon as is reasonably practicable after the events of Force Majeure are remedied or cease to exist. When the Affected Party is able, or would have been able if it had complied with its obligations under this Section 14(b), to resume the performance of all of its obligations under this Agreement affected by the occurrence of an event or circumstance of Force Majeure, then the period of Force Majeure relating to such event or circumstance shall be deemed to have ended.