Common use of Satisfaction of Certain Conditions Clause in Contracts

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Majeure) and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Majeure) and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 Subject to Article 11 (Guaranteed Project Milestones Including Commercial OperationsConstruction Period and Milestones), Section 21.6 17.5 (Termination for Force Majeure)and Majeure) and Section 21.7 17.6 (Effect of Force Majeure) defer or limit certain liabilities ), if, because of a Force Majeure, either Party for delay and/or failure in is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent such delay or failure is the result of conditions or events of Force Majeureso affected; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Nonnon-performing Party gives the other Party, within no more than five (5) Days after the Nonnon-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "“Force Majeure Notice"”) stating that the Nonnon-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Nonnon-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Nonnon-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Events of Default)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 14.5 (Guaranteed Project Milestones Including Commercial Operations), Effect of Force Majeure on Events of Default) and Section 21.6 (Termination for Force Majeure)and Section 21.7 14.6 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the NonThe non-performing Party gives the other Party, within five forty-eight (548) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Nonsuch non-performing Party considers such condition or event to constitute a Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the NonThe non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the The suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the NonThe non-performing Party exercises commercially reasonable efforts proceeds with due diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end or minimize the effects of the Force Majeure and the anticipated duration of the Force Majeure; and when When the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that such Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.4 (In- Service Date), Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Events of Default)and Section 21.6 (Termination for Force Majeure)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: : (A) the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party Seller considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; ; (B) the Non-performing Party gives the other Party, within fourteen (14) 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; ; (C) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; ; (D) the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and (E) when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Substantial Commitment Dates and Guaranteed Commercial OperationsOperations Date), Section 21.6 (Termination for Force Majeure)and Events of Default)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 18.5 (Guaranteed Project Milestones Including Effect of Force Majeure on Milestone Dates and Commercial OperationsOperation Date Deadline), Section 21.6 18.6 (Termination for Effect of Force Majeure)and Majeure on Other Events of Default) and Section 21.7 18.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the NonThe non-performing Party gives the other Party, within five forty-eight (548) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Nonsuch non-performing Party considers such condition or event to constitute a Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the NonThe non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the The suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the NonThe non-performing Party exercises commercially reasonable efforts proceeds with due diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end or minimize the effects of the Force Majeure and the anticipated duration of the Force Majeure; and when When the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that such Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 Subject to Article 11 (Guaranteed Project Milestones Including Commercial OperationsConstruction Period and Milestones), Section 21.6 17.5 (Termination for Force Majeure)and Majeure) and Section 21.7 17.6 (Effect of Force Majeure) defer or limit certain liabilities ), if, because of a Force Majeure, either Party for delay and/or failure in is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent such delay or failure is the result of conditions or events of Force Majeureso affected; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to : (a) the extent the following conditions are satisfied: the Nonnon-performing Party gives the other Party, within no more than five (5) Days after the Nonnon-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "“Force Majeure Notice"”) stating that the Nonnon-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; ; (b) the Nonnon-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; to (c) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; ; (d) the Nonnon-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and (e) when the condition or event of Force Majeure ends and the Non-non- performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 Subject to Article 11 (Guaranteed Project Milestones Including Commercial OperationsConstruction Period and Milestones), Section 21.6 17.5 (Termination for Force Majeure)and Majeure) and Section 21.7 17.6 (Effect of Force Majeure) defer or limit certain liabilities ), if, because of a Force Majeure, either Party for delay and/or failure in is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent such delay or failure is the result of conditions or events of Force Majeureso affected; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Nonnon-performing Party gives the other Party, within no more than five (5) Days after the Nonnon-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Nonnon-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice of providing the notice described in Section 17.4(a) was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Nonnon-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.4 (In- Service Date), Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Events of Default)and Section 21.6 (Termination for Force Majeure)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: : (A) the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party Xxxxxx considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; ; (B) the Non-performing Party gives the other Party, within fourteen (14) 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; ; (C) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; ; (D) the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and (E) when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Majeure) and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice after the notice described in Section 21.4(a) was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 Subject to Article 11 (Guaranteed Project Milestones Including Commercial OperationsConstruction Period and Milestones), Section 21.6 17.5 (Termination for Force Majeure)and Majeure) and Section 21.7 17.6 (Effect of Force Majeure) defer or limit certain liabilities ), if, because of a Force Majeure, either Party for delay and/or failure in is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent such delay or failure is the result of conditions or events of Force Majeureso affected; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to : (a) the extent the following conditions are satisfied: the Nonnon-performing Party gives the other Party, within no more than five (5) Days after the Nonnon-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written noticewritten notice (the "“Force Majeure Notice"”) stating that the Nonnon-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; commenced;‌‌‌ (b) the Nonnon-performing Party gives the other Party, within fourteen (14) Days Force of providing the notice described in Section 17.4(a)Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation explanation‌‌‌‌ shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; Majeure;‌‌‌ (c) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; Majeure;‌ (d) the Nonnon-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and‌ (e) when the condition or event of Force Majeure ends and the Non-non- performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.effect.‌‌

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Substantial Commitment Dates and GuaranteedProject Milestones Including Commercial OperationsOperations Date), Section 21.6 (Termination for Force Majeure)and Events of Default)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-Non- performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: : (a) the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; ; (b) the Non-performing Party gives the other Party, within fourteen (14) 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-Non- performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; ; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; ; (d) the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and (e) when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Substantial Commitment Dates and Guaranteed Commercial OperationsOperations Date), Section 21.6 (Termination for Force Majeure)and Events of Default)and Section 21.7 (Effect of Force Majeure) defer Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; Majeure;‌‌‌‌ provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: satisfied:‌‌‌‌ (a) the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days within‌ 48 hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; ; (b) the Non-performing Party gives the other Party, within fourteen (14) within‌ 14 Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Non-Non- performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; ; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; Majeure;‌ (d) the Non-performing Party exercises commercially proceeds with reasonable efforts diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and and‌ (e) when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.effect.‌

Satisfaction of Certain Conditions. Section 21.5 18.5 (Guaranteed Project Milestones Including Effect of Force Majeure on Milestone Dates and Commercial OperationsOperation Date Deadline), Section 21.6 18.6 (Termination for Effect of Force Majeure)and Majeure on Other Events of Default) and Section 21.7 18.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non: (A) The non-performing Party gives the other Party, within five forty-eight (548) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Nonsuch non-performing Party considers such condition or event to constitute a Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non; (B) The non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the EXECUTION VERSIONPuna Geothermal Venture ARTICLE 1896 (C) The suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non; (D) The non-performing Party exercises commercially reasonable efforts proceeds with due diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end or minimize the effects of the Force Majeure and the anticipated duration of the Force Majeure; and when and (E) When the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that such Party shall give the other Party written notice to that effect.

Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Section 21.7 11.1(E) (Effect of Force Majeureon Performance) defer defers or limit limits certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Nonnon-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non: (a) The non-performing Party gives the other Party, within five forty-eight (548) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days hours after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Nonsuch non-performing Party considers such condition or event to constitute a Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non; (b) The non-performing Party gives the other Party, within fourteen (14) Days after the Force Majeure Notice was condition or should have been providedevent begins, a written explanation of the Force Majeure condition or event and its effect on the Nonnon-performing Party's ’s performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the ; (c) The suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non; (d) The non-performing Party exercises commercially reasonable efforts proceeds with due diligence to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end or minimize the effects of the Force Majeure and the anticipated duration of the Force Majeure; and when and (e) When the condition or event of Force Majeure ends and the Nonnon-performing Party is able to resume performance of its obligations under this Agreement, that such Party shall give the other Party written notice to that effect.