Common use of Termination in Consequence of Force Majeure Event Clause in Contracts

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 Host that it has resumed performance of its obligations under the Agreement; provided, however, that Host shall not be excused from making any payments and paying any unpaid amounts due in respect of Solar Services provided to Host prior to the Force Majeure Event performance interruption.

Termination in Consequence of Force Majeure Event. 11.3.1 If a Force Majeure Event Event, other than a Budget Non-Appropriation Event, shall have occurred that has materially affected Suppliera Party’s performance of its obligations to provide the Solar Services hereunder and shall have that Force Majeure Event has continued for a period of at least sixty three hundred sixty-five (60365) consecutive days, then Host the non-affected Party shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to Supplierthe other Party and Platte River. If at the end of such thirty (30) day period such Force Majeure Event shall still be continuingcontinue, 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 terminationtermination for a Force Majeure Event, neither Party shall have any liability to the otherother or Platte River. By mutual agreement of the Parties, subject to Section 18.4 (Survival).‌‌ 11.3.2 Notwithstanding the foregoing, if the System is damaged or destroyed by a Force Majeure Event may be replaced by Owner within the time frames set forth above 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 subsequent to replacement and upon commencement of operation of the replacement System, System all terms and conditions of this Agreement will remain in effect including effect. Notwithstanding any other provision hereunder, following the remaining term conclusion or resolution 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 any Force Majeure Event, the Parties parties agree that to the extent possible, the Term of this Agreement shall continue be extended as necessary to perform their respective preserve the rights, obligations under this Agreementand economic benefits of Owner and Utilities hereunder. Except as otherwise specifically 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, 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 according to a “Force Majeure Event,” separate written agreement, executed by the obligation parties before the conclusion 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 Host that it has resumed performance of its obligations under the Agreement; provided, however, that Host shall not be excused from making any payments and paying any unpaid amounts due in respect of Solar Services provided to Host prior to the Force Majeure Event performance interruptionsuch Non-Appropriation event.

Termination in Consequence of Force Majeure Event. 11.3.1 (a) If a Force Majeure Event shall have occurred that has materially affected SupplierSystem Owner’s performance of its obligations to provide the Solar Services hereunder and shall have continued for a period of at least sixty one hundred twenty (60120) consecutive days, then Host either Party shall be entitled to terminate this Agreement upon thirty (30) days’ written notice to Supplierthe other Party. 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 19.5. (Survival).‌‌ 11.3.2 b) Upon the cessation of a Force Majeure Event, the Parties shall continue to perform their respective obligations under this Agreement. Notwithstanding the foregoing, if the System is damaged or destroyed by a Force Majeure Event and Supplier System Owner provides written notice to Host that it intends to rebuild the System, then Supplier may, at its sole cost and expense, System Owner may rebuild or fix the System. Subsequent System and subsequent to replacement and commencement of operation of the replacement System, System all terms and conditions of this Agreement will remain in effect including the remaining term of this Agreement; provided, that Supplier System Owner 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. (c) 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 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, and (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 System Owner claims relief pursuant to a “Force Majeure Event,” the obligation of Host to make a Solar Services payment to Supplier System Owner on any payment date shall be suspended as of the date that the Force Majeure Event commenced until Supplier System Owner notifies Host that it has resumed performance of its obligations under the Agreement; provided, however, that Host shall not be excused from making any payments and paying any unpaid amounts due in respect of Solar Services provided to Host prior to the Force Majeure Event performance interruption.

Termination in Consequence of Force Majeure Event. 11.3.1 If a Force Majeure Event Event, other than a Budget Non-Appropriation Event, shall have occurred that has materially affected Suppliera Party’s performance of its obligations to provide the Solar Services hereunder and shall have that Force Majeure Event has continued for a period of at least sixty three hundred sixty-five (60365) consecutive days, then Host the non-affected Party shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to Supplierthe other Party and Platte River. If at the end of such thirty (30) day period such Force Majeure Event shall still be continuingcontinue, 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 terminationtermination for a Force Majeure Event, neither Party shall have any liability to the otherother or Platte River. By mutual agreement of the Parties, subject to Section 18.4 (Survival).‌‌ 11.3.2 Notwithstanding the foregoing, if the System is damaged or destroyed by a Force DocuSign Envelope ID: 5CA629B0-2E54-4CD2-81B4-0FCD98581FCB Majeure Event may be replaced by Owner within the time frames set forth above 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 subsequent to replacement and upon commencement of operation of the replacement System, System all terms and conditions of this Agreement will remain in effect including effect. Notwithstanding any other provision hereunder, following the remaining term conclusion or resolution 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 any Force Majeure Event, the Parties parties agree that to the extent possible, the Term of this Agreement shall continue be extended as necessary to perform their respective preserve the rights, obligations under this Agreementand economic benefits of Owner and Utilities hereunder. Except as otherwise specifically 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, 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 according to a “Force Majeure Event,” separate written agreement, executed by the obligation parties before the conclusion 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 Host that it has resumed performance of its obligations under the Agreement; provided, however, that Host shall not be excused from making any payments and paying any unpaid amounts due in respect of Solar Services provided to Host prior to the Force Majeure Event performance interruptionsuch Non-Appropriation event.