Common use of Consequences of Force Majeure Clause in Contracts

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. 11.3.1 Neither Subject to the provisions of Clauses 13.2 and 13.3, neither Party shall be responsible or liable for, or deemed in breach of this Agreement hereof because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due solely substantially to one or more events of Force Majeure. The Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of their obligations such obligation(s) (other than that specified in Paragraph 10.4 (Notice and CureClause 14.3) shall be extended on a day-for-day basis, basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 Clause 13.1 to the extent that such failure or delay would have occurred even nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, and (2) further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, obligation if Force Majeure delays a Party's ’s performance for a period greater than fifteen eighteen (1518) monthsconsecutive 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 Clause 12, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of a the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 13 shall be of no greater scope and of no longer duration than is required to overcome the effects of the 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. 11.3.1 Neither Subject to the provisions of Clauses 13.2 and 13.3, neither Party shall be responsible or liable for, or deemed in breach of this Agreement hereof because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due solely substantially to one or more events of Force Majeure. The Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of their obligations such obligation(s) (other than that specified in Paragraph 10.4 (Notice and CureClause 14.3) shall be extended on a day-for-day basis, basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 Clause 13.1 to the extent that such failure or delay would have occurred even nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, and (2) further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, obligation if Force Majeure delays a Party's ’s performance for a period greater than fifteen eighteen (1518) monthsconsecutive 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 Clause 12, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of a the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 13 shall be of no greater scope and of no longer duration than is required to overcome the effects of the 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. 11.3.1 Neither Subject to the provisions of Clauses 11.2 and 11.3, neither Party shall be responsible or liable for, or deemed in breach of this Agreement hereof because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due solely substantially to one or more events of Force Majeure. The Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of their obligations such obligation(s) (other than that specified in Paragraph 10.4 (Notice and CureClause 12.3) shall be extended on a day-for-day basis, basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 Clause 11.1 to the extent that such failure or delay would have occurred even nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, and (2) further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, obligation if Force Majeure delays a Party's ’s performance for a period greater than fifteen eighteen (1518) monthsconsecutive 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 12Clause 10, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of a the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 11 shall be of no greater scope and of no longer duration than is required to overcome the effects of the 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. 11.3.1 Neither Where a Non-Performing Party is unable to perform all or any of its obligations under this Agreement by reason of Force Majeure, this Agreement shall remain in effect but the Non-Performing Party’s relevant obligations and the corresponding obligations of the other Party owed to the Non-Performing Party under this Agreement shall be deemed in suspended and neither party shall be liable for breach of this Agreement because provided that: 18.2.1 such suspension is of any failure or delay in complying with its obligations pursuant to this Agreement due solely to no greater scope and longer duration than is required by the Force Majeure. The periods allowed for performance by ; 18.2.2 the Parties Non-Performing Party forthwith notifies the other Party 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 circumstances of this Agreement by the Party not claiming Force Majeure, and without prejudice to identifying the right nature of the event, its expected duration, and the particular obligations thereby affected and furnishes reports at such intervals as the other Party claiming may reasonably request, with respect thereto during the period of Force Majeure; 18.2.3 the Non-Performing Party uses all reasonable efforts to remedy its inability to perform (including, without limitation and in the case of SONI, enforcing any rights available to it under the TIA); 18.2.4 no obligations of either Party that arose before the 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 are excused as a result of a Force Majeure; and 18.2.5 forthwith after the occurrence of the Force Majeure, the Parties consult with each other as how best to give effect to their obligations under this Agreement so far as is reasonably practicable during the period of 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. 11.3.1 Neither If any Party (the “non-performing party”) shall be deemed in breach unable to carry out any of this Agreement because of any failure or delay in complying with its obligations pursuant to under this Agreement due solely to a Force Majeure. The periods allowed for performance by Majeure Event this Agreement shall remain in effect but: a) the Parties non-performing party’s obligations which the non-performing party is incapable of their performing as a direct result of the Force Majeure Event; and b) the obligations (of the 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 Party owed 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 non-performing party under 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 which the relevant Party not claiming Force Majeure, and without prejudice is unable 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 carry out directly as a result of the suspension of the non-performing party’s obligations shall be suspended for a period equal to the occurrence of the Force Majeure.Majeure Event provided that: 11.3.2 During (i) the pendency suspension of an event performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (ii) no obligations of any Party that arose before the Force Majeure Event causing the suspension of performance are excused as a result of the Force Majeure Event; (iii) the non-performing party gives the other Party prompt notice describing the Force Majeure Event, including the nature of the occurrence and its expected duration and the expected effects of such occurrence on the affected Party’s obligations, and continues to furnish regular reports with respect thereto during the period of Force Majeure Developer shall not be entitled Event; (iv) the non-performing party uses all reasonable efforts to receive Energy Payment from Utility except for energy already received by Utility prior remedy and mitigate the effects of its inability to perform; and (v) as soon as practicable after the Event. If occurrence of the Force Majeure affects only part of Event, the Project, then Developer Parties shall be entitled discuss how best to receive Energy Payment for electrical energy actually delivered to Utilitycontinue their operations so far as possible in accordance with this Agreement and the Grid Code.

Consequences of Force Majeure. 11.3.1 default under, this (a) Neither Party shall be deemed in breach of this Agreement REPA because of any failure or delay in complying with its obligations pursuant to this Agreement REPA due solely to Force Majeure. The periods allowed for performance by the Parties of their obligations (other than that specified in Paragraph Section 10.4 (Notice and Cure) shall be extended on a day-for-day basis, provided that that: (1i) no No relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph Article 11 to the extent that such failure or delay would have occurred even had such Force Majeure not occurred, and and (2ii) the The Party not claiming Force Majeure may immediately terminate this Agreement REPA without further obligation, if Force Majeure delays a Party's performance for a period greater than fifteen twelve (1512) months. . (iii) Other than for breaches of this Agreement REPA by the Party not claiming Force Majeure, and without prejudice to the right of the Party claiming Force Majeure to indemnification pursuant to Paragraph Article 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 (b) During the pendency of an event of Force Majeure Developer Seller shall not be entitled to receive Energy Payment from Utility Purchaser except for energy already received by Utility Purchaser prior to the Event. If Force Majeure affects only part of the ProjectFacility, then Developer Seller shall be entitled to receive Energy Payment for electrical energy actually delivered to UtilityPurchaser.

Consequences of Force Majeure. 11.3.1 Neither 13.1.1 Subject to the provisions of Clauses 13.2 and 13.3, neither Party shall be responsible or liable for, or deemed in breach of this Agreement hereof because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due solely substantially to one or more events of Force Majeure. The Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of their obligations (other than that specified in Paragraph 10.4 (Notice and Curesuch obligation(s) shall be extended on a day-for-day basis, provided basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; PROVIDED that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 Clause 13.1 to the extent that such failure or delay would have occurred even nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, and (2) further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, obligation if Force Majeure delays a Party's ’s performance for a period greater than fifteen eighteen (1518) months. Other than for breaches of this Agreement by the Party not claiming Force Majeure, and without prejudice to the right of consecutive Months. 13.1.2 Where the Party claiming the Force Majeure is actively engaged in implementing repairs which are required to indemnification pursuant to Paragraph 12, overcome the Party not claiming shall not bear any liability for any loss or expense suffered by effects of the Party claiming Force Majeure as a result and which cannot be and could not have been reasonably completed before the end of a Force Majeure. 11.3.2 During the pendency eighteen (18)- Month period mentioned in Clause 13.1.1, then that Party may request the consent of an event of Force Majeure Developer the other Party (which consent shall not be entitled unreasonably withheld, delayed or conditioned) for the said period of eighteen (18) consecutive Months to receive Energy Payment from Utility except be extended 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.a further six

Consequences of Force Majeure. 11.3.1 Neither Subject to the provisions of Clauses 13.2 and 13.3, neither Party shall be responsible or liable for, or deemed in breach of this Agreement hereof because of of, any failure or delay in complying with its obligations under or pursuant to this Agreement (other than payment obligations) due solely substantially to one or more events of Force Majeure. The Majeure or its or their effects or by any combination thereof, and the periods allowed for the performance by the Parties of their obligations such obligation(s) (other than that specified in Paragraph 10.4 (Notice and CureClause 15.3) shall be extended on a day-for-day basis, basis for so long as one or more events of Force Majeure continue to materially and adversely affect the performance by such Party of such obligation(s) under or pursuant to this Agreement; provided that (1) no relief shall be granted to the Party claiming Force Majeure pursuant to this Paragraph 11 Clause 13.1 to the extent that such failure or delay would have occurred even nevertheless been experienced by that Party had such Force Majeure not occurred; and provided, and (2) further, that the Party not claiming Force Majeure may immediately terminate this Agreement without further obligation, obligation if Force Majeure delays a Party's ’s performance for a period greater than fifteen eighteen (1518) monthsconsecutive 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 Clause 12, the Party not claiming shall not bear any liability for any loss or expense suffered by the Party claiming Force Majeure shall not have any cause of action against the other Party solely as a result of a the Force Majeure. For the avoidance of doubt, the suspension of performance set forth in this Clause 13 shall be of no greater scope and of no longer duration than is required to overcome the effects of the 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.