Common use of Excusable Events Clause in Contracts

Excusable Events. In the event that Chevron Energy Solutions is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any event beyond its control, such circumstance will not constitute a default, and Chevron Energy Solutions will be excused from performing the M&V Services while such event is continuing. During such event, Projected Energy Savings for the month(s) in which such event is continuing will be used in lieu of actual data; provided that if three (3) or more years of post M&V Commencement Date data are available for such month(s), the historical average of such data for such month(s) will be used in lieu of Projected Energy Savings.

Appears in 2 contracts

Sources: Energy Services Contract, Energy Services Contract