Common use of Applicability of Force Majeure Clause in Contracts

Applicability of Force Majeure. Seller will not be responsible or liable for any delay or failure in its performance under this agreement, and no delay, failure, or other occurrence or event will become an Event of Default, to the extent such delay, failure, occurrence or event is caused by Force Majeure, provided that: (a) Seller gives Buyer prompt Notice describing the particulars of the occurrence of the Force Majeure; except that if the nature of the event of Force Majeure is such that Notice cannot be immediately given, then Seller shall provide verbal notice, the effectiveness of which will be subject to Buyer confirming receipt thereof as soon as practicable; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (c) Seller proceeds with reasonable diligence to remedy its inability to perform and provides progress reports to the other Party describing actions taken to end the Force Majeure; and (d) when Seller is able to resume performance of its obligations under this agreement, Seller shall give Buyer Notice to that effect; except that if the nature of the event of Force Majeure is such that Notice cannot be immediately given, then Seller shall provide verbal notice, the effectiveness of which will be subject to the other Party confirming receipt thereof as soon as practicable.

Applicability of Force Majeure. Seller will not Notwithstanding anything to the contrary herein, neither Party shall be responsible or liable in breach for any delay or failure in its performance under this agreement, and no delay, failure, or other occurrence or event will become an Event of Default, Agreement to the extent such delay, failure, occurrence or event performance is caused by prevented due to Force Majeure, provided that: (a) Seller gives Buyer prompt Notice the non-performing Party shall give the other Party telephonic notice as promptly as practicable and written notice within forty eight (48) hours of the commencement of the Force Majeure, with details to be supplied within ten (10) Days after the commencement of the Force Majeure further describing the particulars of the occurrence of the Force Majeure; except that if the nature of the event of Force Majeure is such that Notice cannot be immediately given, then Seller shall provide verbal notice, the effectiveness of which will be subject to Buyer confirming receipt thereof as soon as practicable; (b) the suspension of non-performing Party’s excuse for non-performance is shall be of no greater scope and of no longer duration than is required directly caused by the Force Majeure; (c) Seller proceeds with reasonable diligence the non-performing Party shall use Commercially Reasonable Efforts to overcome or remedy its inability to perform the effects of the Force Majeure events or circumstances preventing performance and provides shall provide weekly written progress reports to the other Party during the period that performance is prevented describing actions taken and to end be taken to remedy the effects of the Force Majeure, the schedule for such actions and the expected date by which performance shall no longer be prevented by such Force Majeure; (d) the non-performing Party shall be responsible, in accordance with Section 7.2(b), for any Imbalance Charges related to its interruption of performance after any nomination is made to any Transporter and until the change in deliveries and/or receipts is confirmed by such Transporter; (e) when the performance of the Party claiming Force Majeure is no longer being prevented, that Party shall give the other Party written notice to that effect; and (df) when Seller is able to resume performance of its obligations under except as specifically provided in this agreementArticle XIII, Seller shall give Buyer Notice to that effect; except that if the nature of the event of Force Majeure is such shall not excuse any obligation to make any payments that Notice cannot be immediately given, then Seller shall provide verbal notice, the effectiveness of which will be subject are otherwise due and payable pursuant to the other Party confirming receipt thereof as soon as practicablethis Agreement.