Allocation of Capacity following Force Majeure Event Sample Clauses

The 'Allocation of Capacity following Force Majeure Event' clause defines how available capacity is distributed among parties when a force majeure event disrupts normal operations. In practice, this clause typically outlines a method for proportionally allocating reduced capacity, such as energy supply or transportation services, to all affected parties based on predetermined criteria or historical usage. Its core function is to ensure fairness and transparency in the distribution of limited resources during unforeseen events, thereby minimizing disputes and providing a clear process for handling capacity shortfalls.
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Allocation of Capacity following Force Majeure Event. (a) If, as a result of a Force Majeure Event, Viterra identifies that there is likely to be a shortfall in the capacity that is physically available to meet the Capacity entitlements held by clients, then Viterra will take reasonable efforts to make Capacity not affected by the Force Majeure Events available to clients who are affected by the shortfall in accordance with the following principles: (i) to the extent practicable, Capacity not affected by the Force Majeure Event will not be reduced and clients should continue to use their unaffected Capacity entitlements; and (ii) subject to complying with the Port Loading Protocols (including changes made in accordance with clause 14.1(d) of the Port Loading Protocols), Viterra will use reasonable endeavours to make any unallocated Capacity (which is not affected by the Force Majeure Event) available for allocation to clients whose Capacity entitlements are affected by the shortfall at Viterra’s discretion. In exercising its discretion, Viterra will take into account: (A) its contractual obligations to all users of its Services; (B) its non-discrimination obligations under the Code; and (C) the objective of ensuring the efficient utilisation of the relevant Port Terminal. (b) Any allocation made by Viterra under clause 15.3(a) does not affect the operation of clause 15.2. (c) The Client acknowledges that Viterra may unilaterally amend the Port Loading Protocols on a temporary basis during any period of Force Majeure in accordance with clause 14.1(d) of the Port Loading Protocols.
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Related to Allocation of Capacity following Force Majeure Event

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that, such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure. 11.5.2 The Affected Party shall give notice to the other Party of (i) the cessation of the relevant event of Force Majeure; and (ii) the cessation of the effects of such event of Force Majeure on the performance of its rights or obligations/ roles under this Agreement, as soon as practicable after becoming aware of each of these cessations.

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event. 16.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must: (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue. 16.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

  • Termination Notice for Force Majeure Event 21.7.1 If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous period of 120 (one hundred and twenty) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 21, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.