Common use of Termination due to Natural Force Majeure Event Clause in Contracts

Termination due to Natural Force Majeure Event. a) If, prior to the completion of the 365 (Three Hundred Sixty Five) Day period (or any extended period) for a Natural Force Majeure Event commencing from the date of issuance of the Force Majeure Notice, the Parties are of the reasonable view that a Natural Force Majeure Event is likely to continue beyond such 365 (Three Hundred Sixty Five) Day period or any extended period agreed in pursuance of Article 11.5 (Performance Excused); or that it is uneconomic or impractical to restore the affected Unit, then the Parties may mutually decide to terminate the PPA, and the termination shall take effect from the date on which such decision is taken. b) Without prejudice to the provisions of Article 11.10.1.(a) above, the Affected Party shall, after the expiry of the period of 365 (Three Hundred Sixty Five) Days or any other mutually extended period, be entitled to forthwith terminate the PPA in its sole discretion by issuing a notice to that effect. c) On termination of the PPA pursuant to Article 11.10.1(b): i. no Termination Compensation shall be payable to the SPD. ii. the SPD shall be eligible for undisputed payments under outstanding Monthly Bill(s), before the occurrence of Force Majeure Event.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Termination due to Natural Force Majeure Event. a) If, prior to the completion of the 365 (Three Hundred Sixty Five) Day period (or any extended period) for a Natural Force Majeure Event commencing from the date of issuance of the Force Majeure Notice, the Parties are of the reasonable view that a Natural Force Majeure Event is likely to continue beyond such 365 (Three Hundred Sixty Five) Day period or any extended period agreed in pursuance of Article 11.5 (Performance Excused); or that it is uneconomic or impractical to restore the affected Unit, then the Parties may mutually decide to terminate the PPA, and the termination shall take effect from the date on which such decision is taken. b) Without prejudice to the provisions of Article 11.10.1.(a) above, the Affected Party shall, after the expiry of the period of 365 (Three Hundred Sixty Five) Days or any other mutually extended period, be entitled to forthwith terminate the PPA in its sole discretion by issuing a notice to that effect. c) On termination of the PPA pursuant to Article 11.10.1(b): i. no Termination Compensation shall be payable to the SPD. ii. the SPD shall be eligible for undisputed payments under outstanding Monthly Bill(sXxxx(s), before the occurrence of Force Majeure Event.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Termination due to Natural Force Majeure Event. a) If, prior to the completion of the 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Day period (or any extended period) for a Natural Force Majeure Event commencing from the date of issuance of the Force Majeure Notice, the Parties are of the reasonable view that a Natural Force Majeure Event is likely to continue beyond such 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Day period or any extended period agreed in pursuance of Article 11.5 8.5 (Performance Excused); or that it is uneconomic or impractical to restore the affected Unit, then the Parties may mutually decide to terminate the PPA, and the termination shall take effect from the date on which such decision is taken. b) Without prejudice to the provisions of Article 11.10.1.(a8.8.1(a) above, the Affected Party shall, after the expiry of the period of 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Days or any other mutually extended period, be entitled to forthwith terminate the PPA in its sole discretion by issuing a notice to that effect. c) On termination of the PPA pursuant to Article 11.10.1(b8.8.1(b): i. no Termination Compensation shall be payable to the SPDgenerator. ii. the SPD Generator shall be eligible for undisputed payments under outstanding Monthly Bill(sXxxx(s), before the occurrence of Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

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Termination due to Natural Force Majeure Event. a) If, prior to the completion of the 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Day period (or any extended period) for a Natural Force Majeure Event commencing from the date of issuance of the Force Majeure Notice, the Parties are of the reasonable view that a Natural Force Majeure Event is likely to continue beyond such 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Day period or any extended period agreed in pursuance of Article 11.5 7.1.5 (Performance Excused); or that it is uneconomic or impractical to restore the affected Unit, then the Parties may mutually decide to terminate the PPA, and the termination shall take effect from the date on which such decision is taken. b) Without prejudice to the provisions of Article 11.10.1.(a7.1.8.1(a) above, the Affected Party shall, after the expiry of the period of 365 180 (Three Hundred Sixty Fiveone hundred and eighty) Days or any other mutually extended period, be entitled to forthwith terminate the PPA in its sole discretion by issuing a notice to that effect. c) On termination of the PPA pursuant to Article 11.10.1(b7.1.8.1(b): i. (i) no Termination Compensation shall be payable to the SPDgenerator. (ii. ) the SPD Generator shall be eligible for undisputed payments under outstanding Monthly Bill(s), before the occurrence of Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

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