Common use of Termination by Reason of Force Majeure Clause in Contracts

Termination by Reason of Force Majeure. Notwithstanding anything in this Agreement contained to the contrary, if a party's performance is suspended for more than one (1) year, the other party may terminate this Agreement upon thirty (30) days written notice to the other, provided (with respect to an event of Force Majeure by Seller) that upon such termination Buyer is able to generate its own Thermal Energy or to obtain Thermal Energy from a third party.

Termination by Reason of Force Majeure. Notwithstanding anything in this Agreement contained to the contrary, if a party's performance is suspended for more than one (1) year, the other party may terminate this Agreement upon thirty (30) days written notice to the other, provided (provided, with respect to an event of Force Majeure by Seller) , that upon such termination Buyer is able to generate its own Thermal Energy or to obtain Thermal Energy from a third party.