Common use of Excused Performance Clause in Contracts

Excused Performance. If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (a) the affected Party gives the other Party notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given promptly after becoming aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (d) no liability of either Party which arose before the occurrence of the Force Majeure Event shall be excused as a result of the occurrence thereof; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the Force Majeure Event.

Excused Performance. If either Each Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the affected obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance obligation (other than payment obligations)is due to an occurrence of Force Majeure, provided that: (a) the affected Such Party gives the other Party written notice describing the particulars of the occurrenceoccurrence causing the Force Majeure, including an estimate of its the expected duration and probable impact on the affected Party’s obligations hereunderduration, such notice shall be given promptly after becoming aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should as soon as is reasonably have been aware of such occurrencepracticable; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the The suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the occurrence of the Force Majeure; (c) The Party affected by the occurrence of Force Majeure Eventshall act diligently and use reasonable efforts to remedy or remove the same and to mitigate the effects thereof, provided that such Party shall not be required to settle any labor dispute on unfavorable terms; (d) no liability No obligations of either the Party which arose before the occurrence of the Force Majeure Event shall be causing the suspension of performance are excused as a result of the occurrence thereofoccurrence; and (e) no Force Majeure Event shall relieve any When the affected Party from performing those is able to resume performance of its obligations under this Lease, such Party shall give the other Party written notice to that are not materially affected by the Force Majeure Eventeffect and shall promptly resume performance hereunder.

Excused Performance. If either Party Transco or Transmission Owner is rendered wholly or partially unable to perform some or all of its obligations under this Agreement (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, then the Party affected by such Party will Force Majeure Event shall be excused from the affected whatever performance obligation (other than payment obligations)is impaired by such Force Majeure Event, provided that: (a) that the affected Party promptly, upon learning of such Force Majeure Event and ascertaining that it will affect its performance hereunder, (i) gives written notice to the other Party notice describing stating the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given promptly after becoming aware of the occurrence nature of the Force Majeure Event, andits anticipated duration, in no event more than seven and any action being taken to avoid or minimize its effect, and (7ii) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all uses its commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the . A Force Majeure Event shall not be deemed to have occurred or to be continuing unless the party claiming Force Majeure complies with the requirements of no greater scope and this Article XVII. The suspension of no longer performance shall be for the duration than is reasonably required by of the applicable Force Majeure Event; (d) no liability . No obligations of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance and which could and should have been fully performed before such Force Majeure Event occurred shall be excused as a result of the occurrence thereof; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the such Force Majeure Event.. The burden of proof shall be on the Party asserting excuse from performance due to a Force Majeure. 4845-2993-5922, v. 1

Excused Performance. If either To the extent that the Affected Party is rendered wholly or partially partly unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence because of a Force Majeure Eventan Uncontrollable Circumstance, such circumstance shall constitute a Change and shall entitle such Affected Party will to seek a Change Order pursuant to Article 9, which action shall be excused from the affected performance obligation (other than payment obligations), sole remedy of such Affected Party; provided that: (a) the affected Affected Party gives shall give written notice to the other Party notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on occurrence as soon as reasonably practicable under the affected Party’s obligations hereunder, such notice shall be given promptly circumstances but in any event no later than [***] after becoming the Affected Party becomes aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrenceUncontrollable Circumstance; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event resulting from such Uncontrollable Circumstance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure EventUncontrollable Circumstance; (dc) no liability obligations of either Party which arose before the occurrence causing the suspension of the Force Majeure Event shall be performance are excused as a result of the occurrence occurrence; (d) the Affected Party must continue to perform its obligations under this Agreement to the extent possible, and the Affected Party must use commercially reasonable efforts to overcome, cure, remove, otherwise correct, minimize and contain costs and expenses and mitigate and remedy the damages, delays and effects of the Uncontrollable Circumstance and its inability to perform its obligations under this Agreement as a result thereof; and (e) no Force Majeure Event shall relieve any when the Affected Party from performing those is able to resume performance of its obligations hereunder, that are not materially affected by Party shall give the Force Majeure Eventother Party written notice to that effect and shall promptly resume such performance.

Excused Performance. If either a Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence Contract Documents because of a Force Majeure Event, such then that Party will be excused (but in the case of Contractor, solely to the extent provided in a Scope Change Order entered into pursuant to Section 12.5) from whatever performance is affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected; provided, provided that: (ai) the affected Party gives the other Party notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given occurrence promptly after becoming aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (bii) within seven (7) days after giving the notice described in clause (a) above, the affected Party shall continually exercise all commercially reasonable efforts to mitigate gives the effect other Party its best estimate of the occurrence’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (ciii) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (div) no liability monetary obligations or default of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence, but so long as the affected Party shall have commenced and is diligently continuing to attempt to cure such default prior to the occurrence thereofof the Force Majeure Event, the cure period (if any) provided in Article 15 with respect to such default shall be extended on a day-for-day basis to the extent a cure actually is prevented as a result of the Force Majeure Event; (v) the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; and (evi) no Force Majeure Event the affected Party shall relieve any Party from performing those use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance. A Scope Change Order shall be executed by Concessionaire and Contractor as provided in Section 12.5 to account for the actual effect, if any, on Contractor’s performance of its obligations that are not materially affected by the as a result of a Force Majeure Event.

Excused Performance. If either a Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence Contract Documents because of a Force Majeure Event, such then that Party will be excused (but in the case of Contractor, solely to the extent provided in a Scope Change Order entered into pursuant to Section 12.6) from whatever performance is affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected, provided provided, that: (ai) the affected Party gives the other Party notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given occurrence promptly after becoming aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (bii) within seven (7) days after giving the notice described in clause (a) above, the affected Party shall continually exercise all commercially reasonable efforts to mitigate gives the effect other Party its best estimate of the occurrence’s expected duration and probable impact on the performance of such Party’s obligations hereunder, and continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (ciii) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (div) no liability monetary obligations or default of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence, but so long as the affected Party shall have commenced and is diligently continuing to attempt to cure such default prior to the occurrence thereofof the Force Majeure Event, the cure period (if any) provided in Article 15 with respect to such default shall be extended on a day-for-day basis to the extent a cure actually is prevented as a result of the Force Majeure Event; (v) the affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; and (evi) no Force Majeure Event the affected Party shall relieve any Party from performing those use all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance. A Scope Change Order shall be executed by Concessionaire and Contractor as provided in Section 12.6 to account for the actual effect, if any, on Contractor’s performance of its obligations that are not materially affected by the as a result of a Force Majeure Event.

Excused Performance. If either To the extent that the Affected Party is rendered wholly or partially partly unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence because of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (ai) the affected Affected Party’s performance of such obligations (except for its payment obligations) shall be excused; (ii) the Affected Party gives shall give written notice to the other Party notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on occurrence as soon as reasonably practicable under the affected Party’s obligations hereunder, such notice shall be given promptly circumstances after becoming the Affected Party becomes aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (ciii) the suspension of a Party’s performance affected by the resulting from such Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (div) no liability obligations of either Party which arose before the occurrence causing the suspension of the Force Majeure Event shall be performance are excused as a result of the occurrence, except to the extent the occurrence prevents their completion; (v) the Affected Party must continue to perform its obligations under this Agreement to the extent commercially reasonable, and the Affected Party must use commercially reasonable efforts to overcome, cure, remove, otherwise correct, minimize and contain costs and expenses and mitigate and remedy the damages, delays and effects of the Force Majeure Event and its inability to perform its obligations under this Agreement as a result thereof; and (evi) no Force Majeure Event shall relieve any when the Affected Party from performing those is able to resume performance of its obligations hereunder, that are not materially affected by Party shall give the Force Majeure Eventother Party written notice to that effect and shall promptly resume such performance.

Excused Performance. If either Party is rendered wholly or partially partly unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence because of a Force Majeure EventMajeure, such that Party will shall be excused from whatever performance is affected by the affected performance obligation (other than payment obligations), Force Majeure to the extent so affected; provided that: (a) the affected non-performing Party gives the other Party prompt written notice (but in any event no later than seven (7) days after the occurrence) describing the particulars of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations 's obligation hereunder, such notice shall be given promptly after becoming aware of and thereafter continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrenceMajeure; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event(it being understood by the Parties that the Party who had suspended performance due to the Force Majeure shall have a reasonable time period to resume such performance after the termination of such Force Majeure, provided, further, such Party uses all reasonable efforts to resume such performance as soon as practicable); (c) the non-performing Party exercises all reasonable efforts to mitigate or limit damages to the other Party; (d) no liability of either the non-performing Party which arose before uses all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the occurrence of the Force Majeure Event shall be excused as a result of the occurrence thereofevent or condition excusing performance; and (e) no Force Majeure Event shall relieve any when the non-performing Party from performing those is able to resume performance of its obligations under this Agreement, that are not materially affected by Party shall give the Force Majeure Eventother Party prompt written notice to that effect and shall promptly resume performance hereunder.

Excused Performance. 14.3.1 If either Party is or will be rendered wholly or partially unable to perform prevented from performing its obligations (other than payment obligations) under this Agreement due to the occurrence of Contract by a Force Majeure Event, such then that Party will be excused from (the affected performance obligation (other than payment obligations), provided that: (a"Affected Party") the affected Party gives shall give notice to the other Party notice describing the particulars of the occurrenceevent or constituting the Force Majeure Event, including an estimate estimation of its expected duration duration, and probable impact on shall specify the affected Party’s obligations hereunder, such notice shall the performance of which is or will be given promptly after becoming aware of prevented and any action proposed to remove or mitigate the occurrence effect of the Force Majeure Event, and, in no event more than seven . Such notice shall be given within fourteen (714) days Days after the affected Affected Party becomes aware became aware, or should reasonably have been aware become aware, of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when relevant event constituting the Force Majeure Event no longer impacts its ability (and the Affected Party thereafter shall continue to performfurnish timely regular reports with respect thereto during the continuation of the Force Majeure Event). 14.3.2 The Affected Party shall, and shall give having given notice pursuant to clause 14.3.1, be excused from performance of such obligations (to the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance extent so affected by the Force Majeure Event) for so long as such Force Majeure Event prevents it from performing them, provided that the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;. 14.3.3 Notwithstanding any other provision of this clause 14 (d) Force Majeure), Force Majeure shall not apply to obligations of either Party to make payments to the other Party under the Contract provided always that the Supplier shall not be entitled to be paid by the Contracting Entity for any Goods which have been delivered by the Supplier and affected by an Force Majeure Event and in relation to which as a consequence the Contracting Entity has derived no benefit from them. 14.3.4 No liability of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence thereof; andoccurrence. (e) no Force Majeure Event 14.3.5 The Affected Party shall relieve any Party from performing those continue to perform all of its obligations that hereunder which are not materially affected impaired by the Force Majeure Event.

Excused Performance. If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Master Agreement due to the occurrence because of a Force Majeure Event, such that Party will shall be excused from whatever performance is affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected, provided thatsubject to and conditioned upon the following: (a) the affected non-performing Party, by exercise of due foresight, could not reasonably have been expected to avoid, or that by the exercise of due diligence could not have been able to overcome, such Force Majeure Event; (b) the non-performing Party gives the other Party notice Notice describing the particulars of the occurrence, including an estimate promptly and in no event more than five (5) Business Days after the occurrence of its the Force Majeure Event; within ten (10) Business Days after such occurrence, the non-performing Party shall give the other Party written Notice estimating the expected duration and probable impact on the affected performance of such Party’s obligations hereunder, such notice shall be given promptly after becoming aware of and continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (d) no liability of either the non-performing Party which arose before shall exercise all reasonable efforts to mitigate or limit damages to the occurrence of other Party; (e) the Force Majeure Event non-performing Party shall be excused as a result of exercise all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the occurrence thereofevent or condition excusing performance; and (ef) no Force Majeure Event shall relieve any when the non-performing Party from performing those is able to resume performance of its obligations under this Master Agreement, that are not materially affected by Party shall give the Force Majeure Eventother Party written Notice to that effect and shall promptly resume performance hereunder.

Excused Performance. If Except for payment obligations accruing in accordance with this Agreement for Work that is not affected by a Force Majeure Event, if either Party is rendered wholly or partially unable to perform its obligations under the Agreement because of a Force Majeure Event, that Party will be excused from whatever performance is affected by the Force Majeure Event to the extent so affected; provided that: (other than payment obligationsa) under this Agreement due to The affected Party, within ten (10) business days after becoming aware of the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (a) the affected Party gives the other Party written notice describing the particulars of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations hereunderobligations, such notice shall be given promptly after becoming aware of and thereafter continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after Event and the affected Party becomes aware or should reasonably have been aware of such occurrenceeffects thereof; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the The suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (dc) no No liability of either Party for an event which arose before the occurrence of the Force Majeure Event shall be excused as a result of the occurrence thereof; and (e) no Force Majeure Event occurrence, except that the obligation for any on-going Late Completion Payments shall relieve any Party from performing those of its obligations that are not materially affected cease during the delay caused by the Force Majeure Event; and (d) The affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; provided, however, notwithstanding anything in this Agreement to the contrary, the affected Party shall not be obligated to accelerate its Work or otherwise incur costs which would not normally be incurred in performance of the Work in order to overcome any delay due to a Force Majeure Event, unless such Party is compensated for the costs resulting from such acceleration in accordance with Article 12. The Parties shall execute a Change Order pursuant to Article 12 to equitably adjust the Contract Price and Project Schedule as a result of each Force Majeure Event.

Excused Performance. If Except for payment obligations accruing in accordance with this Agreement, if either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due because of a Force Majeure event, that Party will be excused from whatever performance is affected by the Force Majeure event to the extent so affected; provided, however, that: (i) the non-performing Party, within two (2) working days after becoming aware of the occurrence of a Force Majeure Eventevent, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (a) the affected Party gives the other Party written notice describing the particulars of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations hereunderobligations, such notice shall be given promptly after becoming aware of and thereafter continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after and the affected Party becomes aware or should reasonably have been aware of such occurrenceeffects thereof; (bii) in the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect case of such a Force Majeure Eventevent claimed by the Turnkey Contractor, remedy the Turnkey Contractor exercises its inability Best Endeavours to perform, preserve and limit damages to safeguard the other Party Works and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performanceFacilities; (ciii) the suspension any excuse of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Eventevent; (div) no liability of either Party for an event which arose before the occurrence of the Force Majeure Event event shall be excused as a result of the occurrence thereofoccurrence; (v) the non-performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; (vi) the non-performing Party shall use all reasonable efforts to continue to perform its obligations and to correct or cure the event or condition excusing performance; and (evii) no Force Majeure Event shall relieve any when the non-performing Party from performing those is able to resume performance of its obligations under this Agreement, that are not materially affected by Party shall give the Force Majeure Eventother Party written notice to that effect and shall promptly resume performance.

Excused Performance. If either Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event; provided, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (a) the affected Such Party gives the other Party written notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on the affected Party’s obligations hereunder, such notice shall be given promptly after becoming aware of the occurrence of the Force Majeure Event, andincluding the expected duration, as soon as is reasonably practicable, but in no event more later than seven ten (710) days after the affected Party becomes aware or should reasonably have been aware occurrence of such occurrenceevent; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the The suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (c) The Party affected by the Force Majeure Event uses its Best Commercial Efforts to mitigate the effects thereof; (d) no liability No obligations of either the Party which arose before the occurrence causing the suspension of the Force Majeure Event shall be performance are excused as a result of the occurrence thereofoccurrence; and (e) no Force Majeure Event shall relieve any When the Party from performing those is able to resume performance of its obligations under this Agreement, such Party shall give the other Party written notice to that are not materially affected by the Force Majeure Eventeffect and shall promptly resume performance hereunder.

Excused Performance. If either Party is rendered wholly or partially partly unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence because of a Force Majeure Event, such that Party will be excused from whatever performance is affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected, provided PROVIDED that: (a) the affected non-performing Party gives the other Party notice describing the particulars nature (in such detail as is reasonable under the circumstances) of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s 's obligations hereunder, such notice shall to be given delivered as promptly after becoming aware as practicable (but in no event more than five (5) days following the later to occur of (i) the date of the occurrence of the Force Majeure EventEvent and (ii) with respect to the CTG Subcontract only, and, in no event more than seven (7) days after the affected date on which the non-performing Party becomes aware or should reasonably have been aware learns of such occurrenceForce Majeure Event) and the non-performing Party thereafter continues to furnish timely regular reports with respect thereto during the continuation of the Force Majeure Event; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (dc) no liability of either Party which arose due to events that occurred before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence thereof; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the Force Majeure Event.such occurrence;

Excused Performance. If either Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence Contract because of a Force Majeure Event, such Party that party will be excused from whatever performance is affected by the Force Majeure event to the extent so affected performance obligation (other than payment obligations), provided that: (a) the The affected Party gives the other Party notice Written Notice of the occurrence of the Force Majeure Event as soon as practicable after the occurrence of the Force Majeure Event and also gives the other Party Written Notice describing in reasonable detail the particulars of the such occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s 's obligations hereunder, such notice shall be given promptly after becoming aware of the occurrence and thereafter continues to furnish thereto timely regular reports with respect to continuation of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the The suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure EventMajeure; (dc) no No liability of either Party which arose before the occurrence of the Force Majeure Event causing the suspension of performance shall be excused as a result of the occurrence thereof; andoccurrence; (d) The affected Party shall exercise all reasonable efforts to mitigate or limit Damages to the other Party; e) no Force Majeure Event The affected Party shall relieve any use its best efforts to continue to perform its obligations hereunder and to correct or cure the event or condition excusing performance; f) When the affected Party from performing those is able to resume performance of its obligations under this Contract, that are not materially affected by Party shall give the Force Majeure Eventother Party Written Notice to that effect and shall promptly resume performance hereunder.

Excused Performance. If either Each Party is rendered wholly or partially unable shall be excused from performance and shall not be considered to perform its obligations (other than payment obligations) under this Agreement due be in default with respect to any obligation hereunder, except for performance of the obligation to pay money in a timely manner for services actually performed, if and to the occurrence of extent that its failure of, or delay in, performance is caused by a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), ; provided that: : (ai) the affected such Party gives the other Party written notice describing the particulars of the occurrence, including an estimate Force Majeure Event and demonstrating it has satisfied all conditions of its expected duration claiming relief under this Section 8.2 as soon as is reasonably practicable and probable impact on in any event within ten (10) Business Days after the affected Party’s obligations hereunder, such notice shall be given promptly after becoming Party first becomes aware of the occurrence of the Force Majeure EventEvent affecting its performance hereunder, and, in thereafter, no event more less frequently than seven once every fourteen (714) days after days, such Party provides a written update regarding efforts undertaken to overcome the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect cause and effects of such Force Majeure Event, remedy its inability to perform, Event and limit damages to the other Party and shall promptly resume its full performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; obligations under this Agreement; (cii) the suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; ; (diii) no liability obligations of either the Party which that arose before the occurrence causing the suspension of the Force Majeure Event performance shall be excused as a result of the occurrence thereofoccurrence; and (eiv) no Force Majeure Event shall relieve any the Party from performing those uses its commercially reasonable efforts to overcome or mitigate the effects of such occurrence; and (v) when the Party is able to resume performance of its obligations under this Agreement, such Party shall give the other Party written notice to that are not materially affected by the Force Majeure Eventeffect and shall promptly resume performance hereunder.

Excused Performance. If either Party Owner or Contractor is rendered wholly or partially unable to perform its obligations (other than any payment obligations) under this Agreement due to because of the occurrence of a Force Majeure Event, such that Party will shall be excused from whatever obligations are affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected, provided that: (a) the affected Party gives the other Party notice prompt oral notification, followed by written notice, describing the particulars of the occurrenceForce Majeure Event known to such affected Party, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations hereunder, such ; (b) the notice described in subparagraph (a) above shall be given promptly after becoming aware of the occurrence of the Force Majeure Event, and, and in no event shall the written notice be given more than seven five (75) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when occurrence unless the Force Majeure Event no longer impacts its ability to perform, and shall give prevents the other Party prompt notice giving of its intent to resume such performancenotice; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (d) no liability the affected Party shall use all commercially reasonable efforts to minimize the delay, and shall continue to perform its obligations hereunder to the extent that performance is not excused; (e) when the affected Party is able to resume performance of either the affected obligations under this Agreement, that Party which arose before shall give the occurrence other Party written notice to that effect and the affected Party promptly shall resume performance of the affected obligations under this Agreement; and (f) any such Force Majeure Event shall only excuse performance of the affected obligation to the extent and so long as the conditions caused by the Force Majeure Event shall be excused as a result exist and directly impact the critical path of the occurrence thereof; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the Force Majeure EventProject Schedule.

Excused Performance. If Except for payment obligations accruing in accordance with this Agreement for Work that is not affected by a Force Majeure Event, if either Party is rendered wholly or partially unable to perform its obligations under the Agreement because of a Force Majeure Event, that Party will be excused from whatever performance is affected by the Force Majeure Event to the extent so affected; provided that: (other than payment obligationsa) under this Agreement due to The affected Party, within five (5) business days after becoming aware of the occurrence of a Force Majeure Event, such Party will be excused from the affected performance obligation (other than payment obligations), provided that: (a) the affected Party gives the other Party written notice describing the particulars of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations hereunderobligations, such notice shall be given promptly after becoming aware of and thereafter continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after Event and the affected Party becomes aware or should reasonably have been aware of such occurrenceeffects thereof; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the The suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (dc) no No liability of either Party for an event which arose before the occurrence of the Force Majeure Event shall be excused as a result of the occurrence thereof; and (e) no Force Majeure Event occurrence, except that the obligation for any on-going Late Completion Payments shall relieve any Party from performing those of its obligations that are not materially affected cease during the delay caused by the Force Majeure Event; and (d) The affected Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party; provided, however, notwithstanding anything in this Agreement to the contrary, the affected Party shall not be obligated to accelerate its Work or otherwise incur costs which would not normally be incurred in performance of the Work in order to overcome any delay due to a Force Majeure Event, unless such Party is compensated for the costs resulting from such acceleration in accordance with Article 12. The Parties shall execute a Change Order pursuant to Article 12 to equitably adjust the Contract Price and Project Schedule as a result of each Force Majeure Event.

Excused Performance. If either Each Party is rendered wholly or partially unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence of a Force Majeure Event, such Party will shall be excused from performance and shall not be considered to be in default, or be liable to the affected other Party for damages, with respect to any obligation under this Agreement, except the obligation to make payment as specified herein with respect to amounts which are due and payable under this Agreement, if and to the extent that its failure of, or delay in, performance obligation (other than payment obligations)is due to an event of Force Majeure; provided, provided that: (a) the affected Such Party gives the other Party written notice describing the particulars of the occurrence, including an estimate of its expected duration and probable impact on Force Majeure as soon as is reasonably practicable but in no event later than five (5) days after the affected Party’s obligations hereunder, such notice shall be given promptly after becoming Party first becomes aware of the occurrence of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware commencement of such occurrenceevent; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect The suspension or delay of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the event of Force Majeure EventMajeure; (dc) no liability of either No default by the affected Party which arose occurred before the occurrence causing the suspension of the Force Majeure Event shall be performance is excused as a result of the occurrence thereofoccurrence; (d) The Party uses its reasonable efforts to overcome or mitigate the effects of such occurrence; and (e) no Force Majeure Event shall relieve any When the Party from performing those is able to resume performance of its obligations under this Agreement, such Party shall give the other Party written notice to that are not materially affected by the effect and shall promptly resume performance hereunder. For avoidance of doubt, interruption of firm gas supply or transportation due to an event of Force Majeure Eventshall excuse performance by CPS as provided in this section; and failure of Carr ▇▇ perform its obligations hereunder caused by CPS' failure to deliver Fuel shall excuse performance by Carr.

Excused Performance. If either Party Owner or Contractor is rendered wholly or partially unable to perform its obligations (other than any payment obligations) under this Agreement due to because of the occurrence of a Force Majeure Event, such that Party will shall be excused from whatever obligations are affected by the affected performance obligation (other than payment obligations)Force Majeure Event to the extent so affected, provided that:that:‌ (a) the affected Party gives the other Party notice prompt oral notification, followed by written notice, describing the particulars of the occurrenceForce Majeure Event known to such affected Party, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations hereunder, such hereunder;‌ (b) the notice described in subparagraph (a) above shall be given promptly after becoming aware of the occurrence of the Force Majeure Event, and, and in no event shall the written notice be given more than seven five (75) days after the affected Party becomes aware or should reasonably have been aware of such occurrence; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when occurrence unless the Force Majeure Event no longer impacts its ability to perform, and shall give prevents the other Party prompt notice giving of its intent to resume such performancenotice; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (d) no liability the affected Party shall use all commercially reasonable efforts to minimize the delay, and shall continue to perform its obligations hereunder to the extent that performance is not excused; (e) when the affected Party is able to resume performance of either the affected obligations under this Agreement, that Party which arose before shall give the occurrence other Party written notice to that effect and the affected Party promptly shall resume performance of the affected obligations under this Agreement; and (f) any such Force Majeure Event shall only excuse performance of the affected obligation to the extent and so long as the conditions caused by the Force Majeure Event shall be excused as a result exist and directly impact the critical path of the occurrence thereof; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the Force Majeure EventProject Schedule.

Excused Performance. If either Party is rendered wholly or partially partly unable to perform its obligations (other than payment obligations) under this Agreement due to the occurrence because of a Force Majeure EventMajeure, such that Party will shall be excused from whatever performance is affected by the affected performance obligation (other than payment obligations), Force Majeure to the extent so affected; provided that: (a) the affected non-performing Party gives the other Party prompt written notice (but in any event no later than seven (7) days after the occurrence) describing the particulars of the occurrence, including an estimate estimation of its expected duration and probable impact on the affected performance of such Party’s obligations 's obligation hereunder, such notice shall be given promptly after becoming aware of and thereafter continues to furnish timely regular reports with respect thereto during the occurrence continuation of the Force Majeure Event, and, in no event more than seven (7) days after the affected Party becomes aware or should reasonably have been aware of such occurrenceMajeure; (b) the affected Party shall continually exercise all commercially reasonable efforts to mitigate the effect of such Force Majeure Event, remedy its inability to perform, and limit damages to the other Party and shall promptly resume its performance when the Force Majeure Event no longer impacts its ability to perform, and shall give the other Party prompt notice of its intent to resume such performance; (c) the suspension of a Party’s performance affected by the Force Majeure Event shall be is of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event(it being understood by the Parties that the Party who had suspended performance due to the Force Majeure shall have a reasonable time period to resume such performance after the termination of such Force Majeure, provided, further, such Party uses all reasonable efforts to resume such performance as soon as practicable); (c) the non-performing Party exercises all reasonable efforts to mitigate or limit damages to the other Party; (d) no liability of either the non-performing Party which arose before uses all reasonable efforts to continue to perform its obligations hereunder and to correct or cure the occurrence of the Force Majeure Event shall be excused as a result of the occurrence thereofevent or condition excusing performance; and (e) no Force Majeure Event shall relieve any Party from performing those of its obligations that are not materially affected by the Force Majeure Event.