Common use of Suspension of Performance Clause in Contracts

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the Party affected by the Force Majeure, shall, within five days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 8 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Suspension of Performance. Neither After the Commercial Operation Date, but not before, neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) : the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) and the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) and the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 5 contracts

Samples: Pro Forma Solar Agreement, Power Purchase Agreement, Pro Forma Draft

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the the‌ event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Power Purchase Agreement

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that:that:‌ (a) the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Non Firm Qualifying Facility Power Purchase Agreement

Suspension of Performance. Neither Party shall will be liable for any delay or failure in its performance under this Agreement, nor shall will any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: : (a) the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give gives the other Party written notice describing the particulars of the eventevent of Force Majeure and how the event has impacted the affected Party’s obligations under this Agreement; and (b) the suspension of performance shall be of the affected Party’s obligations is of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and and (c) the affected Party shall use uses diligent efforts to remedy its inability to perform.perform.‌

Appears in 1 contract

Samples: Power Purchase Agreement

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the the‌ event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the Party affected by the Force Majeure, shall, within five days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Power Purchase Agreement

Suspension of Performance. Neither Party shall will be liable for any delay or failure in its performance under this Agreement, nor shall will any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: : (a) the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give gives the other Party written notice describing the particulars of the eventevent of Force Majeure and how the event has impacted the affected Party’s obligations under this Agreement; and (b) the suspension of performance shall be of the affected Party’s obligations is of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and and (c) the affected Party shall use uses diligent efforts to remedy its inability to perform.perform.‌‌‌

Appears in 1 contract

Samples: Power Purchase Agreement

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Suspension of Performance. Neither After the Commercial Operation Date, but not before, and subject to the limitations set forth in Section 14.5, neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the Party affected by the Force Majeure, shall, within five (5) days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Power Purchase Agreement

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during duration of the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the Party affected by the Force Majeure, shall, within five days after the occurrence of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Power Purchase Agreement

Suspension of Performance. Neither Party shall be liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an Event of Default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure during the continuation of the event of Force Majeure, for the same number of days that the event of Force Majeure has prevailed, provided that: (a) the . The Party affected by the Force Majeure, shall, within five (5) days after the occurrence such Party’s knowledge of the event of Force Majeure, give the other Party written notice describing the particulars of the event; and (b) the . The suspension of performance shall be of no greater scope and of no longer duration than is required to remedy the effect of the Force Majeure; and (c) the . The affected Party shall use diligent efforts to remedy its inability to perform.

Appears in 1 contract

Samples: Power Purchase Agreement

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