Excusable Event means Purchaser’s failure to perform its material obligations under this Agreement.
Excusable Event means any event caused by a Planned Outage that is acceptably noticed pursuant to the Notification Deadline prescribed in Section 4.5 that excuses Seller from failure to otherwise perform its obligations under this Confirmation.
Examples of Excusable Event in a sentence
Notwithstanding anything to the contrary contained herein, no Excusable Event shall relieve, suspend or otherwise excuse any Party from performing any obligation to make any payment owed to Purchaser or to indemnify, defend or hold harmless another Party pursuant to this Agreement.
Subject to the terms of this Article 10, Seller shall not be in default or in breach of its obligations under this Agreement or otherwise be liable to Purchaser for any delay or failure in the performance of any of its obligations under this Agreement if and to the extent such delay or failure is a result of an Excusable Event arising after the Signing Date.
After Seller’s compliance with Section 10.2, the Parties shall execute a Change Order to (a) adjust the Critical Path Project Schedule (other than the Guaranteed Project Substantial Completion Date), to account for material delays to the Critical Path Project Schedule resulting from the Excusable Event and/or (b) adjust the Contract Price to account for the material increase in the cost of the performance of the Work resulting from the Excusable Event.
The protections afforded under this Article 10 to Seller shall be of no greater scope and no longer duration, than is required by the Excusable Event.
The failure of Seller to comply with the notice requirements set forth in this Section 10.2 shall act as a waiver of Seller’s entitlement to a Change Order for the particular Excusable Event.
More Definitions of Excusable Event
Excusable Event means events or circumstances constituting a Change in Law or Force Majeure event occurring after the date of this Agreement and prior to Financial Close that prevents Project Company from performing its obligations under this Agreement.
Excusable Event means, to the extent the same (i) prevents the Operator from performing any of its obligations under this Agreement resulting in actual delay or failure to perform, (ii) is not attributable to or caused by the Operator, the FSRU Owner, the FSRU or the FSRU Master, officers and crew (iii) is not attributable to or has not been caused by an Operator Party and (iv) does not qualify as an Event of Force Majeure, any of the following:
Excusable Event means an act, event, occurrence, condition or cause beyond the control of ENGIE Services U.S., including, but not limited to, the following: (i) any act or failure to act of, or other Delay caused by any District Person; (ii) the failure to obtain, or delay in obtaining, any Interconnection Agreement, Applicable Permit, or approval of a Governmental Authority (including due to failure to make timely inspection), or Delays caused by Changes and/or modifications to the Scope of Work required by a Governmental Authority, other than a failure caused by the action or inaction of ENGIE Services U.S.; (iii) changes in the design, scope or schedule of the Work required by any Governmental Authority or District Person; (iv) undisclosed or unforeseen conditions encountered at the Project Location, including discovery or existence of Hazardous Substances; (v) the failure to obtain, or delay in obtaining, approval of any Governmental Authority for design and installation of any portion of the Work, including any further or subsequent approval required with respect to any Change, other than a failure caused by the action or inaction of ENGIE Services U.S.; (vi) information provided to ENGIE Services U.S. by any District Person or Utility is later found to be inaccurate or incomplete; (vii) any Change in Law; (viii) Delay caused by pending arbitration; (ix) acts of God;
Excusable Event has the meaning set forth in Section 2.5.
Excusable Event means Biogas Producer’s failure to meet anyof its responsibilities under this Agreement, or any interference with the Utility’s performance of the BC Services or the operation of the BC Facilities (other than as a result of the exercise of any of Biogas Producer’s rights under this Agreement) by Biogas Producer or any third party or any action or inaction by Biogas Producer or any contractor, subcontractor or any other entity acting at the direction and control of Biogas Producer.
Excusable Event means the acts or omissions of a Party or such Party’s subcontractors, suppliers, employees, agents or representatives when such acts or omissions delay or interfere with the other Party’s performance of its obligations under this Agreement.
Excusable Event means an act, event, occurrence, condition or cause beyond the control of ENGIE Services U.S., which causes a delay of more than three (3) days, including, but not limited to, the following: (i) any act or failure to act of any Madera Person; (ii) the failure to obtain, or delay in obtaining, any Interconnection Agreement, Applicable Permit, or approval of a Governmental Authority (including due to failure to make timely inspection), or Delays caused by Changes and/or modifications to the Scope of Work required by a Governmental Authority, subject to documented evidence that ENGIE Services U.S. diligently and timely made all reasonable efforts to secure such Interconnection Agreement, Applicable Permit, or approval of a Governmental Authority and that the action or inaction of ENGIE Services U.S. did not contribute to or cause such failures or delays; (iii) changes in the design, scope or schedule of the Work required by any Governmental Authority or Madera Person;(iv) undisclosed or unforeseen conditions encountered at the Project Location, including discovery or existence of Hazardous Substances, except as otherwise specifically set forth in this Contract; (v) the failure to obtain, or delay in obtaining, approval of any Governmental Authority for design and installation of any portion of the Work, including any further or subsequent approval required with respect to any Change, other than a failure caused by the action or inaction of ENGIE Services U.S.; (vi) information provided to ENGIE Services U.S. by any Madera Person or Utility is later found to be inaccurate or incomplete; (vii) any Change in Law; (viii) Delay caused by pending arbitration; (ix) acts of God; (x) acts of the public enemy or terrorist acts; (xi) work by Utility unless the delay is attributable to ENGIE Services U.S.; (xii) flood, earthquake, tornado, storm, fire, explosions, lightning, landslide or similar cataclysmic occurrence; (xiii) sabotage, vandalism, riots or civil disobedience; (xiv) labor disputes or strikes; (xv) labor or material shortages, delay in manufacturing and deliveries of equipment;(xvi) Abnormally Severe Weather Conditions; (xvii) an annual level of direct beam solar resource availability that is less than or equal to 90% of historical averages as measured by long-term weather data (minimum 5 years) collected at the applicable Facility and/or other reliable calibrated and appropriate weather station representative of such Facility; (xviii) requirement by Utilit...