Consequences of Force Majeure Sample Clauses

Consequences of Force Majeure. 17.3.1 [During the pendency of a Force Majeure, the Seller shall not be entitled to receive Capacity Payments or Energy Payments [or Supplemental Payments] from the Purchaser; except that if such Force Majeure affects only part of the Plant, then the Capacity Payments [and Supplemental Payments] during the pendency of such Force Majeure shall be pro-rated to reflect the portion of the Plant not affected thereby, and the Seller shall be entitled to receive such pro- rated Capacity Payments [and Supplemental Payments] and Energy Payments for electrical energy actually delivered to the Purchaser.] 17.3.2 Neither Party shall be responsible or liable for, or deemed in breach hereof because of, any failure or delay in complying with its obligations under or pursuant to this Agreement which it cannot perform due solely to one or more Force Majeure or its or their effects or by any combination thereof. 17.3.3 The periods allowed for the performance by the Parties of the obligation(s) referred to in Clause 17.3.1 shall be extended on a day-for-day basis for so long as one or more Force Majeure continues to affect materially and adversely the performance of such Party of such obligation(s) under or pursuant to this Agreement. 17.3.4 Notwithstanding Clauses 17.3.1 and 17.3.3above, no relief shall be granted to the Party claiming Force Majeure pursuant to this Clause 17.3 to the extent that such failure or delay would have nevertheless been experienced by that Party had such Force Majeure not occurred.

Consequences of Force Majeure. (i) Provided the Affected Party has complied and continues to comply with the obligations of this Clause 15, and subject to the further provisions of this Agreement, the obligations of the Parties under this Agreement to the extent performance thereof is prevented or impeded by the event of Force Majeure shall be suspended and the Parties shall not be liable for the non-performance thereof for the duration of the period of Force Majeure. (ii) The Term of this Agreement shall not be extended due to an event of Force Majeure.

Consequences of Force Majeure. Subject to clauses 24.4, 24.5 and 24.6, if by reason of a Force Majeure Event a Party (Affected Party) is affected in the performance of any obligation or clause under this Agreement: (a) that Party will be excused during the time, and to the extent that, such performance is so affected; and (b) that Party will not, to that extent, be liable to the other Party for any Damage of any kind arising out of, or in any way connected with, that non-performance.

Consequences of Force Majeure. 11.3.1 Neither Party shall be deemed in breach of this Agreement because of any failure or delay in complying with its obligations pursuant to this Agreement due solely to Force Majeure. The periods allowed for performance by the Parties of their obligations (other than that specified in Paragraph 10.4 (Notice and Cure) shall be extended on a day-for-day basis, provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 to the extent that such failure or delay would have occurred even had such Force Majeure not occurred, and (2) the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, if Force Majeure delays a Party's performance for a period greater than fifteen (15) months. Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Paragraph 12, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure as a result of a Force Majeure. 11.3.2 During the pendency of an event of Force Majeure Developer shall not be entitled to receive Energy Payment from Utility except for energy already received by Utility prior to the Event. If Force Majeure affects only part of the Project, then Developer shall be entitled to receive Energy Payment for electrical energy actually delivered to Utility.

Consequences of Force Majeure. If the Affected Party has taken all necessary steps towards mitigating the effect of a Force Majeure event, then: 12.4.1 The obligations of the Affected Party shall be suspended to the extent that they are affected by the Force Majeure event so long as the Force Majeure event continues. 12.4.2 To the extent the performance of the obligations of the Affected Party is affected by the Force Majeure event, the time period for the performance of the obligations of the Affected Party shall be extended by a similar time period on a day for day basis. 12.4.3 Notwithstanding any other provision of this Article 12, a Force Majeure event shall not absolve the Lessee and NRDA from any obligation to make payments in respect of its obligations under this Agreement in the event such payment obligations have arisen prior to the occurrence of the Force Majeure event.

Consequences of Force Majeure. If the affected party is affected by a Force Majeure for a continuous period of 3 months (or for periods which, when aggregated over any period of 6 months totals 3 months) then the other party shall be entitled to terminate by notice in writing to the affected party. In this event, the termination shall take effect 7 days after the notice is given, and the Contractor shall proceed in accordance with sub-clause 16.2 [Cessation of Work and Removal of Contractor's Equipment] and shall be paid in accordance with sub-clause 19.6 [Optional Termination, Payment and Release]. All dates or times for performance of any obligations shall to the extent that the performance obligations concerned are affected by Force Majeure be extended by a period equal to the period for which such Force Majeure exists. For the avoidance of doubt the occurrence of an event of Force Majeure shall be excused from the performance of its obligations for as long as the event of Force Majeure subsists, but shall not under any circumstances be entitled to any costs or increase in the Contract Price.

Consequences of Force Majeure. (a) If an event of Force Majeure occurs, a party’s contractual obligations affected by such as an event under this Contract shall be suspended during the period of delay caused by the Force Majeure and shall be automatically extended, without penalty or liability, for a period equal to such suspension. (b) The party claiming Force Majeure shall promptly inform the other parties in writing and shall furnish within fifteen (15) days thereafter sufficient proof of the occurrence and duration of such Force Majeure. The party claiming force Majeure shall also use all reasonable endeavors to terminate the Force Majeure. (c) In the event of Force Majeure, the parties shall immediately consult with each other in order to find an equitable solution and shall use all reasonable endeavors to minimize the consequences of such Force Majeure.

Consequences of Force Majeure. 15.5.1 Except as expressly provided in this Contract, no Party shall be in breach of its obligations pursuant to this Contract or otherwise liable to the other Party for any hindrance or delay in performance or non- performance of any such obligations if and to the extent that such hindrance, delay or non-performance is due to a Force Majeure Event. 15.5.2 If the Contractor is prevented from performing any of its obligations under the Contract by Force Majeure of which notice has been given under Clause 15.4 (Notification of Force Majeure) and Completion of the Works is or will be delayed as a result, the Contractor shall be entitled to an extension of time (but not reimbursement of any associated Cost) for any such delay under Clause 11.3.

Consequences of Force Majeure a. If an event of Force Majeure occurs, the contractual obligation of a Party affected by such an event shall be suspended during the period of delay and the time for performing such obligation shall be extended, without penalty, for a period equal to such suspension. b. The Party claiming Force Majeure shall give prompt notice to the other Party in writing and shall furnish, within fifteen (15) days thereafter, sufficient proof of the occurrence and expected duration of such Force Majeure. The Party claiming Force Majeure shall also use all reasonable efforts to mitigate or eliminate the effects of the Force Majeure. c. If an event of Force Majeure occurs, the Parties shall immediately consult with each other in order to find an equitable solution and shall use all reasonable efforts to minimize the consequences of such Force Majeure.