Force Majeure Force Majeure definition
Force Majeure Force Majeure means an event or circumstance which prevents one Party from performing its obligations, which event or circumstance, which is not within the reasonable control of, or the result of the negligence of, the Claiming Party, and which, by the exercise of due diligence, the Claiming Party is unable to overcome or avoid or cause to be avoided. Force Majeure, includes, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of either Party), act of God or nature, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, riot, civil commotion, accident, fire, explosion, flood, storm, lightening, earthquake, subsidence, epidemic or other natural disaster. To the extent either Party is prevented by Force Majeure from carrying out, in whole or part, its obligations under the PPA (the “Claiming Party”) gives notice and details of the Force Majeure to the other Party as soon as practicable, then the Claiming Party shall be excused from the performance of its obligations with respect to the PPA (other than the obligation to make payments then due or becoming due with respect to performance prior to the Force Majeure). The Claiming Party shall remedy the Force Majeure with all reasonable dispatch. The non-Claiming Party shall not be required to perform or resume performance of its obligations to the Claiming Party corresponding to the obligations of the Claiming Party excused by Force Majeure. For the avoidance of doubt, Seller shall be able to declare a Force Majeure if a Force Majeure event impacts [***].
Force Majeure Force Majeure means any cause, beyond either parties’ control, other than bankruptcy or insolvency, which prevents the performance by a party, or both, of any of their respective obligations under the Contract and the event of Force Majeure did not arise from a party’s default and could not be avoided or mitigated by the exercise of reasonable effort or foresight. Force Majeure includes: labour disputes; fire; unusual delay by common carriers or unavoidable casualties; delays in obtaining permits or licenses; civil disturbance; emergency acts, orders, legislation, regulations or directives of any government or other public authority; acts of a public enemy; war; riot; sabotage; blockage embargo; lightning; earthquake; adverse weather conditions; but only if substantially beyond the weather norms of the Place of the Work, or acts of God; or declared epidemic or pandemic outbreak or other public health emergency (e.g. SARS, COVID-19).””
Force Majeure Force Majeure means any cause, unknown at the effective date of the Contract and beyond either party’s control, other than financial difficulties, bankruptcy or insolvency, which prevents the performance by a party, or both, of any of their respective obligations under the Contract and the event of Force Majeure did not arise from a party’s default and could not be avoided or mitigated by the exercise of reasonable effort or foresight. Force Majeure includes Labour Disputes; fire; unusual delay by common carriers or unavoidable casualties; delays in obtaining third-party licences, permits, agreements, or approvals (excluding approvals of any Subcontractors or Suppliers of any tier); civil disturbance; emergency acts, orders, legislation, regulations or directives of any government or other public authority; acts of a public enemy; war; riot; sabotage; blockage; embargo; lightning; earthquake; adverse weather conditions but only if substantially beyond the weather norms of the Place of the Work; acts of God; or declared epidemic or pandemic outbreak or other public health emergency (e.g. SARS, COVID-19).”
More Definitions of Force Majeure Force Majeure
Force Majeure Force Majeure means an event, other than an inability to pay, which is not within the reasonable control of the Party claiming Force Majeure and which cannot be avoided by the exercise of reasonable diligence, including but not limited to natural catastrophe, flood, explosion, fire, riots or civil disturbance, sabotage, strikes or other labor difficulties, act of public enemy, rules or actions of ISO-NE or the LDC, or changes in applicable laws, regulations or government orders that materially interfere with the Party's ability to perform its obligations contemplated by this Agreement. A Force Majeure or similar event suffered by ISO-NE, the LDC, or Seller's supplier shall constitute a Force Majeure hereunder. Upon delivery of a reasonably specific notice of a Force Majeure to the other Party, the obligations of the Party giving such notice shall be suspended. The cause of the Force Majeure will be remedied with all reasonable diligence; however, neither Party shall be required to settle a strike or labor difficulty when it is inadvisable to do so in such Party's sole discretion.