Force Majeure Event means any explosion, earthquake, natural disaster, Government Action, sabotage, act of a public enemy, war (declared or undeclared) or revolution which causes or results in delay in the performance by a party of any of its obligations under this document where the event, circumstance, default or delay could not have been prevented, overcome or remedied by the exercise by the affected party of a standard of care and diligence consistent with that of a Sch. 1 prudent, experienced and competent person including but not limited to the expenditure of all reasonable sums of money, but does not include—
Relevant Force Majeure Event means a Force Majeure Event in relation to which an Affected Party is claiming relief under this Clause 17; and
Force Majeure means an event beyond the control of the supplier and not involving the supplier’s fault or negligence and not foreseeable. Such events may include, but is not restricted to, acts of the purchaser in its sovereign capacity, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes.
Force Majeure Events means acts of war, domestic and/or international terrorism, civil riots or rebellions, quarantines, embargoes and other similar unusual governmental actions, extraordinary elements of nature or acts of God.
Force Majeure Delay means with respect to the Servicer, any cause or event which is beyond the control and not due to the negligence of the Servicer, which delays, prevents or prohibits such Person’s delivery of the reports required to be delivered or the performance of any other duty or obligation of the Servicer under the Indenture, as the case may be, including, without limitation, computer, electrical and mechanical failures, acts of God or the elements and fire; provided, that no such cause or event shall be deemed to be a Force Majeure Delay unless the Servicer shall have given the Indenture Trustee written notice thereof as soon as practicable after the beginning of such delay.
Force Majeure Report means a report to be given by the Affected Party to the other party following the giving of a Force Majeure Notice;
Force Majeure Exception means any failure or delay in the performance of the Issuer's reporting obligation pursuant to Section 2.4 arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; flood; terrorism; wars and other military disturbances; sabotage; epidemics; riots; loss or malfunctions of utilities, computer (hardware or software) or communication services; accidents; acts of civil or military authority and governmental action. The Issuer shall use commercially reasonable efforts to commence performance of its obligations during any of the foregoing circumstances.
Force Majeure Notice means a notice to be given by the Affected Party to the other party stating that a Force Majeure Event has occurred;
Event of Force Majeure means one of the following events:
Unavoidable Delay means an event which delays Closing which is a strike, fire, explosion, flood, act of God, civil insurrection, act of war, act of terrorism or pandemic, plus any period of delay directly caused by the event, which are beyond the reasonable control of the Vendor and are not caused or contributed to by the fault of the Vendor. “Unavoidable Delay Period” means the number of days between the Purchaser’s receipt of written notice of the commencement of the Unavoidable Delay, as required by paragraph 5(b), and the date on which the Unavoidable Delay concludes.
Unavoidable Delays means delays due to any of the following, and only the following, (provided that such delay is beyond Construction Manager’s reasonable control): war, insurrection, civil commotion, strikes, slowdowns, lock outs, riots, flood, earthquakes, fires, casualties, acts of God, acts of a public enemy, acts of terrorism, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental moratoriums, unusually severe or abnormal weather conditions, failure of utilities, or a court order which causes a delay (unless resulting from a wrongful act of Construction Manager). In no event shall the application to Construction Manager of any applicable law, regulation, rule or other governmental requirement constitute an Unavoidable Delay. Contractor shall use reasonable good faith efforts to notify Owner not later than five (5) days after Construction Manager knows of the occurrence of an Unavoidable Delay. An extension of time for an Unavoidable Delay shall only be for the period of the Unavoidable Delay, which period shall commence to run from the time of the commencement of the cause of the Unavoidable Delay.
Unplanned Service Interruption means any Service Interruption where events or circumstances prevent the timely communication of prior warning or notice to the Trader or any affected Customer;
Planned Service Interruption means a Service Interruption that has been scheduled to occur in accordance with Schedule 5;
Service Interruption means, in relation to the supply of electricity to an ICP the cessation of supply to that ICP for a period exceeding the time allowed for interruptions in the relevant Service Standard, other than in accordance with this agreement;
Excused Outage means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,
Excusable Delay means a delay due to acts of God, governmental restrictions, stays, judgments, orders, decrees, enemy actions, civil commotion, fire, casualty, strikes, work stoppages, shortages of labor or materials or other causes beyond the reasonable control of Borrower, but lack of funds in and of itself shall not be deemed a cause beyond the control of Borrower.
Tenant Delay means any actual delay that Landlord may encounter in the performance of Landlord’s obligations under this Lease by reason of (i) any intentional act, negligence or omission (where there is a duty to act) of any nature of Tenant or Tenant’s agents, employees, contractors, architects, space designers, subcontractors or invitees, including, without limitation, (1) delay from or by the New York City Department of Buildings or other like governmental agencies due to any Alteration or work requested by Tenant or special permits or licenses required by Tenant in connection therewith (except to the extent any such delay is caused by acts of Landlord or its agents), (2) delays due to changes in or additions to any work (including, but not limited to, Landlord’s Work) requested by Tenant after Landlord’s approval of Final Plans, (3) Tenant’s failure to timely submit information or to timely give authorizations or approvals required to be given by Tenant within the time periods required hereunder or in the Work Agreement or delays resulting from the fact that, under good construction practice, portions of Landlord’s Work or approved Additional Work must be scheduled after the completion of certain items of Tenant’s Installations (as defined in the Work Agreement), and/or (4) delays caused by a material breach of this Lease by Tenant or Persons Within Tenant’s Control, or the willful misconduct or negligence of Tenant or Persons Within Tenant’s Control, (ii) postponement of any item of Landlord’s Work at the request of Tenant, (iii) Tenant’s interference with the performance of Landlord’s Work in connection with Tenant’s entry into the Premises pursuant to the Work Agreement, (iv) Tenant’s request for materials or products in Landlord’s Work or Additional Work which must be specially fabricated to order or are not readily available for delivery, (v) Tenant’s requests for or the performance of Additional Work or Tenant’s failure to timely approve and/or pay the Excess Additional Work Cost (as defined in the Work Agreement) as set forth in Paragraph B of Article II of the Work Agreement, (vi) a delay set forth in clauses (w) through (z) in Paragraph B of Article I of the Work Agreement or set forth in the last sentence of Paragraph A of Article II of the Work Agreement. For the avoidance of doubt, the term “Tenant Delay” shall include any delay which is expressly stated in this Lease or in the Work Agreement to be a Tenant Delay. In order to claim that a Tenant Delay has occurred, Landlord shall promptly notify Tenant after Landlord has actual knowledge of a Tenant Delay and state in reasonable detail the basis of such Tenant Delay. Any such period of Tenant Delay shall not exceed the time period Landlord was actually delayed as a result of such Tenant Delay and any simultaneous Tenant Delays shall be deemed to run concurrently and not consecutively and shall not be “double” counted.
Uncontrollable Circumstance means any act, event or condition that is:
Planned Outage means the removal of equipment from service availability for inspection and/or general overhaul of one or more major equipment groups. To qualify as a Planned Outage, the maintenance (a) must actually be conducted during the Planned Outage, and in Seller’s sole discretion must be of the type that is necessary to reliably maintain the Project, (b) cannot be reasonably conducted during Project operations, and (c) causes the generation level of the Project to be reduced by at least ten percent (10%) of the Contract Capacity.
Outage has the meaning set forth in the CAISO Tariff.
Excused Downtime means the number of minutes in the Charging Period, rounded to the nearest minute that the link state of Customer’s Port is ‘down’ due to:
Disaster means a sudden emergency occurrence beyond the control of the licensee, whether natural, technological, or man-made, that renders the licensee unable to operate the facility or makes the facility uninhabitable.