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
If the Excusable Event delays Solar Company’s performance hereunder or under the Site Lease by more than 12 months, then either Party may terminate this Agreement by giving not less than 60 business days’ prior notice to the other Party.
The Term (and the underlying milestone dates, as applicable) shall be extended as requested by Solar Company by the duration of the Excusable Event (including, ifapplicable, the time required to return the System to full operability and performance after the resolution of the 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 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 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 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 Menlo Park 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 Menlo Park 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 Menlo Park Person or Utility is later found to be inaccurate or incomplete; (vii) any Change in Law; (ix) acts of God; (x) acts of the public enemy or terrorist acts; (xi) relocation or construction of transmission facilities or the shutdown of such facilities for the purpose of necessary repairs; (xii) work by Utility; (xiii) flood, earthquake, tornado, storm, fire, explosions, lightning, landslide or similar cataclysmic occurrence; (xiv) sabotage, vandalism, riots or civil disobedience; (xv) labor disputes or strikes; (xvi) labor or material shortages not caused by COVID-19, supply chain disruptions not caused by COVID-19 (labor or material shortages and supply chain disruptions attributable to COVID-19 may result in a non-compensable time extension upon presentation of adequate proof of causation, but will not otherwise constitute an Excusable Event), delay in manufacturing and deliveries of equipment;
Excusable Event is defined in Schedule 2, Part 1 (Availability).
Excusable Event means an event that wholly or partially prevents or otherwise adversely affects Contractor's performance of the Work, to the extent such event is attributable to an ***.