Suspension of Obligation. During a Force Majeure event, and except as otherwise provided in this Settlement, a Party shall be relieved of any specific obligation directly precluded by the event, as well as those other obligations performance of which is materially impaired, but only for the duration of such event. The non-performing Party bears the burden of proving by a preponderance of the evidence the existence of Force Majeure, including the absence of negligence and fault.
Appears in 15 contracts
Samples: Klamath Hydroelectric Settlement Agreement, Settlement Agreement, Klamath Hydroelectric Settlement Agreement
Suspension of Obligation. During a Force Majeure event, and except as otherwise provided in this SettlementAgreement, a the affected Party shall be relieved of any specific obligation directly precluded by the event, as well as those other obligations whose performance of which is materially impaired, but only for the duration of such event. The non-performing Party bears the burden of proving by a preponderance of the evidence the existence of Force Majeure, including the absence of negligence and fault.
Appears in 3 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Upper Klamath Basin
Suspension of Obligation. During a Force Majeure event, and except as otherwise provided in this SettlementAgreement, a the Lead or Responsible Party shall be relieved of any specific obligation directly precluded by the event, as well as those other obligations whose performance of which is materially impaired, but only for the duration of such event. The non-performing Party bears the burden of proving by a preponderance of the evidence the existence of Force Majeure, including the absence of negligence and fault.
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