Provisions for Force Majeure Clause Samples

Provisions for Force Majeure. The Parties agree that (i) during the period from the Effective Date until December 31, 2012, if MEMC suffers an event of force majeure of more than 180 days, then PCS shall have the rights to draw on the Letter of Credit as set forth in Section 2.1(c), but not the right to terminate this Agreement; (ii) during the period after December 31, 2012, if MEMC suffers an event of force majeure of more than 180 days, then PCS shall have the right to terminate this Agreement by giving MEMC (after such 180 days) at least 24 months prior written notice; provided, however, that in the event that after receipt of such prior written notice by MEMC and before termination of this Agreement at the end of such 24 month period, if MEMC provides PCS with written notice of completion of the event of force majeure and of MEMC’s intention to resume taking delivery of STF under the Agreement, then the rights and obligations of the Parties shall thereafter resume, including, but not limited to, under Section 3.3(a) and Section 3.3(b) of this Agreement; (iii) during the Term of this Agreement, if PCS suffers an event of force majeure of more than 180 days, then if MEMC has found a reasonable alternative supplier, MEMC shall have the right to terminate this Agreement by giving PCS (after such 180 days) at least 30 days prior written notice. In the event of any termination of the Agreement by either Party under this Section