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).
11.3.2 Notwithstanding the foregoing, if the System is damaged or destroyed by a Force Majeure Event and Supplier provides written notice to Host that it intends to rebuild the System, then Supplier may, at its sole cost and expense, rebuild or fix the System. Subsequent to replacement and 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; provided, that Supplier must have made good faith efforts to order replacement panels and other necessary equipment within ninety (90) days of the completion of the Force Majeure Event.
11.3.3 Upon the cessation of a Force Majeure Event, the Parties shall continue to perform their respective obligations under this Agreement. Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach of this Agreement (other than of a provision that requires payment of money) if and to the extent that any failure or delay in such Parties’ performance of one or more of its obligations hereunder is attributable to the occurrence of a Force Majeure Event; provided, that the Party claiming a Force Majeure Event shall (a) notify the other Party in writing of the existence of the Force Majeure Event, (b) promptly exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (c) notify the other Party in writing of the cessation or termination of said Force Majeure Event, and (d) resume performance of its obligations hereunder as soon as practicable thereafter.
11.3.4 Notwithstanding anything in this Agreement to the contrary, if Supplier claims relief pursuant to a “Force Majeure Event,” the obligation of Host to make a Solar Services payment to Supplier on any payment date shall be suspended as of the date that the Force Majeure Event commenced until Supplier notifies H...
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 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 shall have occurred that has affected Provider’s or Purchaser’s performance of its obligations hereunder and that has continued or reasonably can be deemed to continue for a continuous period of ninety (90) days, then Purchaser shall be entitled to terminate the Agreement upon thirty (30) days’ prior written notice to Provider. 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, nor shall Purchaser have any liability for Early Termination under Section 2.2 or any other section of this Agreement.
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 or reasonably can be deemed to continue for a continuous period of one hundred twenty (120) consecutive days, then Host shall be entitled to terminate this Agreement upon ninety (90) days’ prior written notice to Provider. If before the end of such ninety (90) day notice period such Force Majeure Event has ceased, the System has recommenced operation and the Provider has resumed performance of its obligations under this Agreement, the notice shall be nullified and all terms and conditions of this Agreement will remain in effect, including the remaining Term of this Agreement. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other than any such liabilities that have accrued prior to such termination, subject to Section 18.6 (Survival), nor shall Purchaser have any liability for Early Termination under Section 2.2 or any other section; provided, however, that Host shall have the right but not the obligation to exercise the Purchase Option pursuant to Section 2.4 (Purchase Option). By mutual agreement of the Parties, any System damaged or destroyed by a Force Majeure Event may be replaced by Provider at its sole cost and expense 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 a Force Majeure Event shall have occurred that has affected Provider’s performance of its obligations under an SPPA and that has continued for a continuous period of one hundred eighty (180) days, then either Party shall be entitled to terminate the SPPA upon thirty (30) days’ prior written notice to the other Party. Provider shall have a grace period for procurement of replacement equipment, as long as the need for such equipment is identified in a timely manner. If at the end of the thirty (30) day notice period the Force Majeure Event shall still continue, the SPPA shall be deemed terminated in accordance with a Party’s notice of termination. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other under such SPPA (other than any such liabilities that have accrued prior to such termination and that survive termination). By mutual agreement of the Parties, any System components 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 components all terms and conditions of such SPPA will remain in effect, including the remaining Term of the SPPA.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has caused a Party’s performance of its obligations under this Agreement to be impossible without undue hardship and that has continued for a continuous period of one hundred eighty (180) days, except as provided by Section 2.4(B) for instances where the Pass Through Ceiling is exceeded, then the other Party shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to the Party whose performance is so affected by the Force Majeure Event. If at the end of the thirty (30) day notice period the Force Majeure Event shall still continue, this Agreement shall be deemed terminated in accordance with such notice of termination. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other under this Agreement other than any such liabilities that have accrued prior to such termination, which shall be refunded within thirty (30) days of the Host receiving a notice of termination under this Section.
