Common use of Extension for Force Majeure Clause in Contracts

Extension for Force Majeure. Event prior to commercial operations (a) If Project Operator is, or reasonably expects that it will be, delayed in satisfying one or more of the COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then Project Operator must: (i) notify the Commonwealth of the occurrence of athe Force Majeure Event as soon as reasonably practicable (and no later than 510 Business Days after it becomes aware of the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any COD Conditions which arethat will be delayed or are expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset Date (as relevant) or are adversely affectedexpected to be delayed; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions; (ii) keep the Commonwealth informed of any material changes to or developments toconcerning the information provided to the Commonwealth in the notice given under subparagraph (a)(i); and (iii) use its best endeavours to overcome andor mitigate the impact of the Force Majeure Event. (b) On receiving Project Operator’s notice given under subparagraph (a)(i), the Commonwealth: (i) may request any further information from Project Operator that the Commonwealth reasonably requires in order to assess the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions (as relevant), and Project Operator must promptly provide that information to the Commonwealth; and (ii) subject to paragraph (c), must confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by Project Operator under subparagraph (a)(i)(D) is granted in whole or in part; and (B) the new COD Target Date or the COD Sunset Date (as relevant), (C) 20 Business Days after receiving Project Operator’s notice under subparagraph (a)(i); and (D) 20 Business Days after receiving any further information that the Commonwealth has requested from Project Operator under subparagraph (b)(i). (c) If Project Operator is prevented or delayed in achieving the Commercial Operations Date by the COD Sunset Date due to a Force Majeure Event, then the COD Sunset Date may be extended by one day for each day of delay caused exclusively by the Force Majeure Event (and, for clarity, not including any Concurrent Delays unless the Commonwealth determines (in its absolute discretion) and advises Project Operator that it will allow the extension of the COD Sunset Date, in whole or in part, despite the Concurrent Delay) in accordance with this clause 7.3, provided the COD Sunset Date may not be extended: (i) in the case of a Project Force Majeure Event, beyond the date that is 18 months after the COD Sunset Date set out in item 1214 of the Reference Details (disregarding any extensions);as at the Signing Date; and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.

Extension for Force Majeure. Event Events prior to commercial operationsFinancial Close (a) If Project Operator is, or reasonably expects that it will be, delayed in satisfying achieving one or more of the COD Conditions Milestones by the COD Target applicable Milestone Date or (including achieving Financial Close by the COD FC Sunset Date Date) as a result of a Force Majeure Event, then Project Operator must: (i) notify the Commonwealth of the occurrence of athe the Force Majeure Event as soon as reasonably practicable (and no later than 510 10 Business Days after it becomes aware of the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any COD Conditions which arethat Milestones (including Financial Close) that will be delayed or are expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset relevant Milestone Date (as relevantincluding the FC Sunset Date) or are adversely affectedexpected expected to be delayed; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset a Milestone Date (as relevantincluding the FC Sunset Date) to reflect the impact of the Force Majeure Event on Project Operator’s achievement of the COD ConditionsMilestones; (ii) keep the Commonwealth informed of any material changes to or developments toconcerning concerning the information provided to the Commonwealth in the notice given under subparagraph (a)(i); and (iii) use its best endeavours to overcome andor or, when that is not reasonably practicable, to mitigate the impact of the Force Majeure Event. (b) On receiving Project Operator’s notice given under subparagraph (a)(i), the Commonwealth: (i) may request any further information from Project Operator that the Commonwealth reasonably requires in order to assess the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions Milestones (as relevant), and Project Operator must promptly provide that information to the Commonwealth; and (ii) subject to paragraph (c), must confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset a Milestone Date (as relevantincluding the FC Sunset Date) requested by Project Operator under subparagraph (a)(i)(D) is granted granted, in whole or in part; and (B) if so, the new COD Target Date or the COD Sunset Milestone Date (as relevantincluding the FC Sunset Date),, by the later of: (C) 20 Business Days after receiving Project Operator’s notice under subparagraph (a)(i); and (D) 20 Business Days after receiving any further information that the Commonwealth has requested from Project Operator under subparagraph (b)(i). (c) If Project Operator is prevented or delayed in achieving the Commercial Operations Date a Milestone by the COD relevant Milestone Date (including Financial Close by the FC Sunset Date Date) due to a Force Majeure Event, then the COD relevant Milestone Date (including the FC Sunset Date may Date) maywill be extended by one day for each day of delay caused exclusively by the Force Majeure Event Event, as determined by the Commonwealth, acting reasonably, (and, for clarity, not including any Concurrent Delays unless the Commonwealth determines (in its absolute discretion) and advises Project Operator that it will allow the extension of the COD Sunset Milestone Date, in whole or in part, despite the Concurrent Delay) in accordance with this clause 7.35.2, provided that the COD Milestone Date (including the FC Sunset Date Date) may not be extended: (i) in the case of a Project Force Majeure Event, extended beyond the date that is 18 12 months after the COD Milestone Date (including the FC Sunset Date Date) set out in item 1214 171417 of the Reference Details (disregarding any extensions);as as at the Signing Date; and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.

Extension for Force Majeure. Event Events prior to commercial operationsFinancial Close (a) If Project Operator is, or reasonably expects that it will be, delayed in satisfying one or more of the COD Conditions achieving a Milestone by the COD Target Milestone Date or (including Financial Close by the COD FC Sunset Date Date) as a result of a Force Majeure Event, then Project Operator must: (i) notify the Commonwealth of the occurrence of athe a Force Majeure Event as soon as reasonably practicable (and no later than 510 5 Business Days after it becomes aware of the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any COD Conditions Milestones (including Financial Close) which arethat will be are delayed or are expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset relevant Milestone Date (as relevantincluding FC Sunset Date) or are adversely affectedexpected to be delayedaffected; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset a Milestone Date (as relevantincluding the FC Sunset Date) to reflect the impact of the Force Majeure Event on Project Operator’s achievement of the COD ConditionsMilestones; (ii) keep the Commonwealth informed of any material changes to or developments toconcerning to the information provided to the Commonwealth in the notice given under subparagraph (a)(i); and (iii) use its best endeavours to overcome andor and mitigate the impact of the Force Majeure Event. (b) On receiving Project Operator’s notice given under subparagraph (a)(i), the Commonwealth: (i) may request any further information from Project Operator that the Commonwealth reasonably requires in order to assess the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions Milestones (as relevant), and Project Operator must promptly provide that information to the Commonwealth; and (ii) subject to paragraph (c), must confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset a Milestone Date (as relevantincluding the FC Sunset Date) requested by Project Operator under subparagraph (a)(i)(D) is granted in whole or in partgranted; and (B) if so, the new COD Target Date or the COD Sunset Milestone Date (as relevantincluding the FC Sunset Date),, by the later of: (C) 20 Business Days after receiving Project Operator’s notice under subparagraph (a)(i); and (D) 20 Business Days after receiving any further information that the Commonwealth has requested from Project Operator under subparagraph (b)(i). (c) If Project Operator is prevented or delayed in achieving the Commercial Operations Date a Milestone by the COD relevant Milestone Date (including Financial Close by the FC Sunset Date Date) due to a Force Majeure Event, then the COD relevant Milestone Date (including the FC Sunset Date Date) may be extended by one day for each day of delay caused exclusively by the Force Majeure Event (and, for clarity, not including any Concurrent Delays unless the Commonwealth determines (in its absolute discretion) and advises Project Operator that it will allow the extension of the COD Sunset Date, in whole or in part, despite the Concurrent DelayDelays) in accordance with this clause 7.35.25.32, provided the COD Milestone Date (including the FC Sunset Date Date) may not be extended: (i) in the case of a Project Force Majeure Event, extended beyond the date that is 18 12 months after the COD Milestone Date (including the FC Sunset Date Date) set out in item 1214 11 of the Reference Details (disregarding any extensions);as at the Signing Date; and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Eventextensions).

Extension for Force Majeure. Event prior to commercial operations (a) If Project Operator is, or reasonably expects that it will be, delayed in satisfying one or more of the COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then Project Operator must: (i) notify the Commonwealth of the occurrence of athe a Force Majeure Event as soon as reasonably practicable (and no later than 510 5 Business Days after it becomes aware of the commencement of the Force Majeure Event) giving reasonable details of: (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any COD Conditions which arethat will be are delayed or are expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset Date (as relevant) or are adversely affectedexpected to be delayedaffected; and (D) subject to paragraph (c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions; (ii) keep the Commonwealth informed of any material changes to or developments toconcerning to the information provided to the Commonwealth in the notice given under subparagraph (a)(i); and (iii) use its best endeavours to overcome andor and mitigate the impact of the Force Majeure Event. (b) On receiving Project Operator’s notice given under subparagraph (a)(i), the Commonwealth: (i) may request any further information from Project Operator that the Commonwealth reasonably requires in order to assess the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions (as relevant), and Project Operator must promptly provide that information to the Commonwealth; and (ii) subject to paragraph (c), must confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by Project Operator under subparagraph (a)(i)(D) is granted in whole or in partgranted; and (B) the new COD Target Date or the COD Sunset Date (as relevant),, by the later of: (C) 20 Business Days after receiving Project Operator’s notice under subparagraph (a)(i); and (D) 20 Business Days after receiving any further information that the Commonwealth has requested from Project Operator under subparagraph (b)(i). (c) If Project Operator is prevented or delayed in achieving the Commercial Operations Date by the COD Sunset Date due to a Force Majeure Event, then the COD Sunset Date may be extended by one day for each day of delay caused exclusively by the Force Majeure Event (and, for clarity, not including any Concurrent Delays unless the Commonwealth determines (in its absolute discretion) and advises Project Operator that it will allow the extension of the COD Sunset Date, in whole or in part, despite the Concurrent DelayDelays) in accordance with this clause 7.3, provided the COD Sunset Date may not be extended: (i) in the case of a Project Force Majeure Event, beyond the date that is 18 months after the COD Sunset Date set out in item 1214 12 of the Reference Details (disregarding any extensions);as at the Signing Dateextensions); and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.

Extension for Force Majeure. Event prior to commercial operationsoperations‌ (a) If Project Operator is, or reasonably expects that it will be, delayed in satisfying one or more of the COD Conditions by the COD Target Date or the COD Sunset Date as a result of a Force Majeure Event, then Project Operator must:must:‌ (i) notify the Commonwealth of the occurrence of athe the Force Majeure Event as soon as reasonably practicable (and no later than 510 10 Business Days after it becomes aware aware, or should reasonably have become aware, of the commencement of the Force Majeure Event) giving reasonable details of:of:‌ (A) the date on which the Force Majeure Event commenced; (B) the Force Majeure Event, including its expected duration; (C) any COD Conditions which arethat that will be delayed or are expected to be delayed by the Force Majeure Event, including the extent to which they can be achieved by the COD Target Date or the COD Sunset Date (as relevant) or are adversely affectedexpected expected to be delayed; and (D) subject to paragraph (cc)7.3.3(c), any proposed extensions to the COD Target Date or the COD Sunset Date (as relevant) to reflect the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions;Conditions;‌ (ii) keep the Commonwealth informed of any material changes to or developments toconcerning concerning the information provided to the Commonwealth in the notice given under subparagraph (a)(ia)7.3.1(a)(i)(ai); and (iii) use its best endeavours to overcome andor or, when that is not reasonably practicable, to mitigate the impact of the Force Majeure Event. (b) On receiving Project Operator’s notice given under subparagraph (a)(i), the Commonwealth: (i) may request any further information from Project Operator that the Commonwealth reasonably requires in order to assess the impact of the Force Majeure Event on Project Operator’s achievement of the COD Conditions (as relevant), and Project Operator must promptly provide that information to the Commonwealth; and (ii) subject to paragraph (c), must confirm: (A) whether the proposed extension to the COD Target Date or the COD Sunset Date (as relevant) requested by Project Operator under subparagraph (a)(i)(D) is granted in whole or in part; and (B) the new COD Target Date or the COD Sunset Date (as relevant), (C) 20 Business Days after receiving Project Operator’s notice under subparagraph (a)(i); and (D) 20 Business Days after receiving any further information that the Commonwealth has requested from Project Operator under subparagraph (b)(i). (c) If Project Operator is prevented or delayed in achieving the Commercial Operations Date by the COD Sunset Date due to a Force Majeure Event, then the COD Sunset Date may be extended by one day for each day of delay caused exclusively by the Force Majeure Event (and, for clarity, not including any Concurrent Delays unless the Commonwealth determines (in its absolute discretion) and advises Project Operator that it will allow the extension of the COD Sunset Date, in whole or in part, despite the Concurrent Delay) in accordance with this clause 7.3, provided the COD Sunset Date may not be extended: (i) in the case of a Project Force Majeure Event, beyond the date that is 18 months after the COD Sunset Date set out in item 1214 of the Reference Details (disregarding any extensions);as at the Signing Date; and (ii) in the case of a Connection Force Majeure Event, by more than the length of delay caused by that Connection Force Majeure Event.