Common use of Effect of Force Majeure Event Clause in Contracts

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owner’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary of Payments), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two (72) hours after the nonperforming Party actually becomes aware of the occurrence of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible time after cessation of such occurrence; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments which become due and payable with respect to the period prior to the occurrence of Paymentsthe Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither If a Party shall be considered is prevented from performing, in default whole or in the performance of part, any of the obligations contained in the Contract Documents, except for the Owner’s or ▇▇▇▇▇’▇ its obligations to pay money deliver or receive Coal at the Delivery Point under a Transaction due to causes that are beyond the reasonable control and without the fault or negligence of the Party affected thereby (including but not limited to, Summary of Paymentssuch causes being referred to herein as "Force Majeure"), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by gives oral notice and full details of the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two (72) hours other Party as soon as reasonably practicable after the nonperforming Party actually becomes aware of the occurrence of the Force Majeure Event(such notice to be confirmed in writing), gives then during the other Party written notice describing period for which such Party’s performance is prevented by such Force Majeure but for no longer period, the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance obligations of the Parties under such affected Party’s Transaction (other than obligations hereunder and continues to furnish timely regular reports with respect thereto during make payments whether then due or due thereafter) shall be excused to the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of extent performance is of no greater scope and of no longer duration than is reasonably required so prevented. The Party affected by the Force Majeure Event; shall remedy the Force Majeure with all reasonable dispatch and will keep the other Party advised of its efforts to remedy the Force Majeure; provided however, that this provision shall not require Seller to deliver, or Buyer to receive, the Coal at points other than the Delivery Point (c) including allowable substitutions under the obligations Transaction pursuant to Article 3.5). For the avoidance of either Party that arose before the occurrence causing the suspension of performance doubt, transportation delays and the performance that is not prevented by the occurrence, loss or failure of Seller’s supply shall not be excused as considered Force Majeure events unless such delay, loss or failure affects coal deliveries to all Persons at all locations comprising the Delivery Point. A change in market conditions (including the ability of Seller to sell Coal at a result of such occurrence; (dhigher price or Buyer or Buyer’s Customer to buy Coal at a lower price) the nonperforming Party uses its best efforts to remedy its and Buyer’s inability to perform and mitigate economically use or resell the effect Coal, whether or not foreseeable shall not be considered Force Majeure events. In the event of such event and resumes its performance at a Force Majeure, delivery of the earliest possible time after cessation affected quantity of such occurrence; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Coal shall be entitled to a Day-for-Day time extension for those events made up only as set forth in Section 12.1 to on the extent the occurrence of such event delayed ▇▇▇▇▇’▇ performance of its obligations under this AgreementCover Sheet.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure One Earth Energy, LLC May 17, 2007 of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event;; Siouxland Ethanol, LLC 2▇ ▇▇▇▇▇▇▇ ▇, ▇▇▇▇ (b▇) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Upon mutual agreement of the Parties, Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within seventy two forty-eight (7248) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Partyparty’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event;; ADVANCED BIOENERGY, LLC March 16, 2006 (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrence;occurrence or until such time that performance is practicable; [Name of Project Company] , 2006 (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;; Cardinal Ethanol, LLC December 14, 2006 (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither If a Party shall be considered is prevented from performing, in default whole or in the performance of part, any of the obligations contained in the Contract Documents, except for the Owner’s or ▇▇▇▇▇’▇ its obligations to pay money deliver or receive Coal at the Delivery Point under a Transaction due to causes that are beyond the reasonable control and without the fault or negligence of the Party affected thereby (including but not limited to, Summary of Paymentssuch causes being referred to herein as "Force Majeure"), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by gives oral notice and full details of the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two (72) hours other Party as soon as reasonably practicable after the nonperforming Party actually becomes aware of the occurrence of the Force Majeure Event(such notice to be confirmed in writing), gives then during the other Party written notice describing period for which such Party’s performance is prevented by such Force Majeure but for no longer period, the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance obligations of the Parties under such affected Party’s Transaction (other than obligations hereunder and continues to furnish timely regular reports with respect thereto during make payments whether then due or due thereafter) shall be excused to the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of extent performance is of no greater scope and of no longer duration than is reasonably required so prevented. The Party affected by the Force Majeure Event; shall remedy the Force Majeure with all reasonable dispatch and will keep the other Party advised as to of its efforts to remedy the Force Majeure; provided however, that this provision shall not require Seller to deliver, or Buyer to receive, the Coal at points other than the Delivery Point (c) including allowable substitutions under the obligations Transaction pursuant to Article 3.5). For the avoidance of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrencedoubt, a transportation delay shall not be excused as considered a result Force Majeure event unless such delay affects coal deliveries to all Persons at all locations comprising the Delivery Point. A change in market conditions (including the ability of such occurrence; (d) the nonperforming Party uses its best efforts Seller to remedy its sell Coal at a higher price or Buyer or Buyer’s customer to buy Coal at a lower price), Buyer’s inability to perform economically use or resell the Coal, and mitigate the effect loss or failure of such event and resumes its performance at the earliest possible time after cessation of such occurrence; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract DocumentsSeller’s supply, that Party whether or not foreseeable shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ shall not be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ performance of its obligations under this Agreementconsidered Force Majeure events.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within seventy two forty-eight (7248) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Partyparty’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to E ENERGY A▇▇▇▇, LLC August 1, 2006 the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments which become due and payable with respect to the period prior to the occurrence of Paymentsthe Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Partyparty, within seventy two forty-eight (7248) hours after the nonperforming Party party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Partyparty’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party party is able to resume performance of its obligations under the Contract Documents, that Party party shall give the other Party party written notice to that effect; andand Val-E Ethanol, LLC F▇▇▇▇, Inc. Final January 6, 2006 (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments and payments of Paymentsliquidated damages which become due and payable with respect to the period prior to the occurrence of the Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event;; First United Ethanol, LLC November 16, 2006 (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrenceoccurrence or until such time that performance is practicable; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.

Effect of Force Majeure Event. Neither i. Upon notice from the Affected Party in accordance with Section 8.b, any obligation of the Affected Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the Owner’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary of Payments), when and suspended to the extent that the Affected Party’s failure of performance shall be caused by to perform such obligation is attributable to a Force Majeure Event; provided, however, that (i) all other obligations of the Affected Party shall not be suspended and shall remain in effect; (ii) no Force Majeure Event shall suspend or excuse the obligation of an Affected Party to pay any amounts due hereunder, so long as the other Party uses all reasonable commercial efforts to resell Goods or otherwise mitigate amount of money owed by the Affected Party; and (iii) a Party in default may not invoke a Force Majeure Event commencing subsequent to such default as an excuse therefor to the extent relating to any time when the Force Majeure Event did not exist. ii. If either Party is rendered wholly or partly unable A Force Majeure Event does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to perform its obligations under pay money in a timely manner which matured prior to the Contract Documents because occurrence of that event. iii. Upon completion of a Force Majeure EventEvent effecting Supplier, such Party will be excused from performance affected by Supplier must as soon as reasonably practicable recommence the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two (72) hours after the nonperforming Party actually becomes aware of the occurrence of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible time after cessation of such occurrence; (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give Agreement. Supplier must provide a revised proposed schedule of deliverables to minimize the other Party written notice to that effect; and (f) ▇▇▇▇▇ shall be effects of the prevention or delay caused by the Force Majeure Event. Supplier is entitled to incurred costs up to and including the date of the Force Majeure event. iv. During a Day-for-Day time extension Force Majeure Event affecting the delivery of Goods, (i) the Parties shall use all reasonable commercial efforts to arrange for those events set forth in Section 12.1 to the extent the occurrence delivery of such event delayed ▇▇▇▇▇’▇ performance of its obligations under this Agreement.alternative Goods, and

Effect of Force Majeure Event. Neither Party shall be considered in default in the performance of any of the obligations contained in the Contract Documents, except for the OwnerOwners or the Design-Builder’s or ▇▇▇▇▇’▇ obligations to pay money (including but not limited to, Summary Progress Payments which become due and payable with respect to the period prior to the occurrence of Paymentsthe Force Majeure Event), when and to the extent the failure of performance shall be caused by a Force Majeure Event. If either Party is rendered wholly or partly unable to perform its obligations under the Contract Documents because of a Force Majeure Event, such Party will be excused from performance affected by the Force Majeure Event to the extent and for the period of time so affected; provided that: (a) the nonperforming Party, within seventy two forty-eight (7248) hours after the nonperforming Party actually becomes aware of the occurrence and impact of the Force Majeure Event, gives the other Party written notice describing the event or circumstance in detail, including if known, an estimation of its expected duration and probable impact on the performance of the affected Party’s obligations hereunder hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of and upon the termination of the Force Majeure Event; (b) the suspension of performance is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) the obligations of either Party that arose before the occurrence causing the suspension of performance and the performance that is not prevented by the occurrence, shall not be excused as a result of such occurrence; (d) the nonperforming Party uses its best efforts to remedy its inability to perform and mitigate the effect of such event and resumes its performance at the earliest possible practical time after cessation of such occurrence;occurrence or until such time that performance is practicable; Platte Valley Fuel Ethanol, LLC April 24, 2006 (e) when the nonperforming Party is able to resume performance of its obligations under the Contract Documents, that Party shall give the other Party written notice to that effect; and (f) ▇▇▇▇▇ Design-Builder shall be entitled to a Day-for-Day for Day time extension for those events set forth in Section 12.1 to the extent the occurrence of such event delayed ▇▇▇▇▇’▇ Design-Builder’s performance of its obligations under this Agreement.