Common use of Termination Upon Force Majeure Clause in Contracts

Termination Upon Force Majeure. Either party may by notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasons; or (b) during the Operating Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 3 contracts

Samples: Design, Build, Finance and Operate Agreement, Design, Build, Finance and Operate Agreement, Design, Build, Finance and Operate Agreement

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Termination Upon Force Majeure. Either party may by two Business Days notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasons; or (b) during the Operating Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 2 contracts

Samples: Dbfo Agreement, Design, Build, Finance and Operate Agreement

Termination Upon Force Majeure. Either Subject to Section 12.4, either party may by two Business Days notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasonsdays; or (b) during the Operating M&R Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M M&R Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

Termination Upon Force Majeure. Either party may by notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasonsdays; or (b) during the Operating Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

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Termination Upon Force Majeure. Either party may by notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasons; or (b) during the Operating Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Termination Upon Force Majeure. Either ‌ Subject to Section 12.4, either party may by notice to the other terminate this Agreement if: (a) during the Construction Period, as a result of a Force Majeure Event, it has become impossible or impractical for the Contractor to proceed with the Project, and such status persists or is highly likely to persist for at least in aggregate 120 days falling within one or more Construction Seasonsdays; or (b) during the Operating M&R Period, as a result of a Force Majeure Event, performance of all or a substantial portion of the O&M M&R Requirements by the Contractor has become impossible or impractical, and such status persists or is highly likely to persist for at least 180 days.

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

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