Force Majeure Failure. Subject to Section 9.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”: (i) if the Project is destroyed or rendered inoperable by an event of Force Majeure; or (ii) if Provider is unable, due solely to a Force Majeure event, to achieve the Initial Shown Date by one hundred eighty (180) days after the Expected Initial Shown Date.
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Sources: Cpe Shown Resource Adequacy Agreement, Cpe Shown Resource Adequacy Agreement, Cpe Shown Resource Adequacy Agreement
Force Majeure Failure. Subject to Section 9.1(aNine.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”:
(i) : if the Project is destroyed or rendered inoperable by an event of Force Majeure; or
(ii) or if Provider is unable, due solely to a Force Majeure event, to achieve the Initial Shown Date by one hundred eighty (180) days after the Expected Initial Shown Date.
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