Uncontrollable Forces. Neither party shall be considered to be in default in respect to any obligation hereunder, if prevented from fulfilling such obligation by reason of uncontrollable forces, the term uncontrollable forces being deemed for the purpose of this Agreement to mean any cause beyond the control of the party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, and restraint by court or public authority, which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 9 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Uncontrollable Forces. Neither party A Party shall not be considered to be in default in with respect to any obligation hereunder, hereunder if prevented from fulfilling such obligation by reason of uncontrollable forces, the . The term uncontrollable forces being shall be deemed for the purpose of this Agreement purposes hereof to mean any cause beyond the control of the party affected, including, but not limited to, failure of facilitiesstorm, flood, lightning, earthquake, storm, lightning, fire, epidemic, war, riotexplosion, civil disturbance, labor disturbance, sabotage, and war, national emergency, restraint by court or public authority, or other causes beyond the control of the Party affected which by exercise of due diligence and foresight such party Party could not reasonably have been expected to avoidavoid by exercise of due diligence and foresight. Either party rendered Party unable to fulfill any obligation by reason of uncontrollable forces shall will exercise due diligence to remove such inability disability with all reasonable dispatch.
Appears in 3 contracts
Samples: Interconnection Agreement, Power Sales and Interconnection Agreement, Interconnection Agreement
Uncontrollable Forces. Neither party shall be considered to be in default in respect to any obligation hereunder, if prevented from fulfilling such obligation by reason of uncontrollable forces, the term uncontrollable forces being deemed for the purpose of this Agreement contract to mean any cause beyond the control of the party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority, which by exercise of due diligence and foresight such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch.
Appears in 2 contracts
Samples: Navajo Project Participation Agreement, Participation Agreement (Pinnacle West Capital Corp)
Uncontrollable Forces. Neither party A Party shall be considered to not be in default in respect to any obligation hereunder, hereunder if prevented from fulfilling such obligation by reason of uncontrollable forces, the . The term “uncontrollable forces being forces” shall be deemed for the purpose of this Agreement purposes hereof to mean any cause include, but are not be limited to, storm, flood, lightning, earthquake, fire, explosion, civil disturbance, labor disturbance, sabotage, war, pandemic, national emergency, restraint by court or public authority or other causes beyond the control of the party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, and restraint by court or public authority, Party affected which by exercise of due diligence and foresight such party Party could not reasonably have been expected to avoidavoid by exercise of due diligence and foresight. Either party rendered Party unable to fulfill any obligation by reason of uncontrollable forces shall will exercise due diligence to remove such inability disability with all reasonable dispatch.
Appears in 1 contract
Samples: Interconnection Agreement