Excusable Event definition

Excusable Event means Purchaser’s failure to perform its material obligations under this Agreement.

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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.

Excusable Event means an event outside the Contractor’s reasonable control.

Examples of Excusable Event in a sentence

• 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.

• Upon the occurrence of any Excusable Event, the Seller shall use Commercially Reasonable Efforts to mitigate the effects of the Excusable Event, resume normal performance of this Agreement within the shortest time practicable and continue to perform its obligations under this Agreement insofar as they are not affected by the Excusable Event.

• 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.

• 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.

More Definitions of Excusable Event

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 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 Biogas Producer’s failure to meet any

Excusable Event has the meaning set forth in Section .

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 is defined in Schedule 2, Part 1 (Availability).