Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a Party’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then the Party not affected by Force Majeure shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to the affected Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination), and the provisions of Section 2.2 (Early Termination) shall be inapplicable.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a Party’s performance of its obligations hereunder and that Force Majeure Event has continued for a period of three hundred sixty-five (365) consecutive days, then the non-affected Party shall be entitled to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. If at the end of such thirty (30) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other. By mutual agreement of the Parties, the System damaged or destroyed by a Force Majeure Event may be replaced by Owner within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect. Notwithstanding any other provision hereunder to the contrary, following the conclusion or resolution of any Force Majeure Event, the parties agree that to the extent possible, the Term of this Agreement shall be extended as necessary to preserve the rights, obligations and economic benefits of Owner and Utility hereunder. If during a Budget Non-Appropriation Event, Utility continues to receive Energy and Environmental Attributes from Owner, then upon the conclusion of such event, Utility shall pay for such Energy and Environmental Attributes.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected Provider’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then Purchaser shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Provider. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than Provider’s obligation to remove said system in accordance with Section 2.5 and any such liabilities that have accrued prior to such termination), and the provisions of Section 2.2 (Early Termination) shall be inapplicable.
Termination in Consequence of Force Majeure Event. 11.3.1 If a Force Majeure Event shall have occurred that has materially affected Supplier’s performance of its obligations to provide the Solar Services hereunder and shall have continued for a period of at least sixty (60) days, then Host shall be entitled to terminate this Agreement upon thirty (30) days’ written notice to Supplier. If at the end of such thirty (30) day period such Force Majeure Event shall still be continuing, this Agreement shall automatically terminate. Upon such termination, neither Party shall have any liability to the other, subject to Section 18.4 (Survival).
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected Operator’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then Subscriber shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Operator. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event, other than a Budget Non-Appropriation Event, shall have occurred that has affected a Party’s performance of its obligations hereunder and that Force Majeure Event has continued for a period of three hundred sixty-five (365) consecutive days, then the non-affected Party shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to the other Party and Platte River. If at the end of such thirty (30) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Similarly, if Utilities experiences a Budget Non-Appropriation Event and the same shall continue for a period of three hundred sixty-five (365) consecutive days, then Owner shall be entitled to terminate this Agreement upon thirty (30) days’ prior notice to Utilities and Platte River. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other or Platte River. By mutual agreement of the Parties, the System damaged or destroyed by a Force Majeure Event may be replaced by Owner within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect. Notwithstanding any other provision hereunder, following the conclusion or resolution of any Force Majeure Event, the parties agree that to the extent possible, the Term of this Agreement shall be extended as necessary to preserve the rights, obligations and economic benefits of Owner and Utilities hereunder. If during a Budget Non-Appropriation Event, Utilities continues to accept Energy (on behalf of Platte River) and Environmental Attributes from Owner, then upon the conclusion of such event, Utilities shall pay for such Energy and Environmental Attributes, based on the rates provided in this Agreement or according to a separate written agreement, executed by the parties before the conclusion of such Non-Appropriation event.
Termination in Consequence of Force Majeure Event. (a) If a Force Majeure Event shall have occurred that has materially affected Provider’s performance of its obligations hereunder or has reduced the System production for any six (6) months within a consecutive twelve
Termination in Consequence of Force Majeure Event. If a Force Majeure Event, other than a Non-Appropriation Event, shall have occurred that has affected Provider’s performance of its obligations hereunder and that has continued for a period of one hundred twenty (120) consecutive days in a twelve-month period or one hundred eighty (180) days in the aggregate in a twelve-month period, then State Purchaser shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to Provider. If at the end of such thirty (30) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other. By mutual agreement of the Parties, the System damaged or destroyed by a Force Majeure Event may be replaced by Provider within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect, including the remaining Term of this Agreement.
Termination in Consequence of Force Majeure Event. If the System is substantially damaged or destroyed by a Force Majeure Event, it may be replaced by Provider at Provider’s election and, upon commencement of commercial operations of the replacement system, all of the terms and conditions of this Agreement shall remain in effect, other than the Expiration Date, which shall be extended on a day for day basis for each day between the initial occurrence of the Force Majeure event and the date on which commencement of commercial operations of the replacement system occurs. Alternatively, if the System is substantially damaged or destroyed by a Force Majeure Event, Provider may, elect to terminate this Agreement, which shall be without fault or liability by either Party.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has prevented Seller from performing all of its material obligations hereunder and that has continued for a continuous period of three hundred sixty-five (365) days, then Buyer shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Seller. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination). If at the end of such ninety (90) day period such Force Majeure Event is no longer continuing, the Agreement shall remain in full force and effect, and Buyer’s notice shall be deemed to have been withdrawn.
