Force Majeure Procedures Sample Clauses
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Force Majeure Procedures. Upon the occurrence of an event of Force ------------------------ Majeure, the Party affected by such event shall (a) provide prompt written notice of such Force Majeure event to the other Party, including an estimation of its expected duration and the probable impact on the performance of its obligations hereunder; (b) exercise all reasonable efforts in accordance with Good Utility Practice to continue to perform its obligations under this Agreement; (c) expeditiously take action to correct or cure the event or condition excusing performance, provided, however, that settlement of labor disputes will be completely within the sole discretion of the Party affected by such labor dispute; (d) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (e) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. Any obligation under this Agreement shall be suspended only to the extent caused by such Force Majeure event and only during the continuance of any inability of performance caused by such Force Majeure event but for no longer period.
Force Majeure Procedures. Upon the occurrence of an event of Force Majeure, ------------------------ the Party affected by such event shall (a) provide prompt written notice of such Force Majeure event to the other Party, including an estimation of its expected duration and the probable impact on the performance of its obligations hereunder; (b) exercise all reasonable efforts in accordance with Good Utility Practice to continue to perform its obligations under this Agreement; (c) expeditiously take action to correct or cure the event or condition excusing performance, provided, however, that settlement of labor disputes will be completely within the sole discretion of the Party affected by such labor dispute; (d) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (e) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. Any obligation under this Agreement shall be suspended only to the extent caused by such Force Majeure event and only during the continuance of any inability of performance caused by such Force Majeure event but for no longer period.
Force Majeure Procedures. In the event that the City is wholly or partially prevented from performing obligations under this agreement because of a force majeure event, the City will be excused from whatever performance is affected by such force majeure event to the extent so affected, and such failure to perform will not be considered a material breach, provided that nothing in this section will be deemed to authorize the City to violate the ESA or render the goals of the HCP unobtainable, and provided further that:
(a) The suspension of performance is of no greater scope and no longer duration than is reasonably required by the force majeure;
(b) The City notifies the Services orally within a reasonable time (normally not to exceed 72 hours) after becoming aware of any event that the City contends constitutes a force majeure, and in writing within seven (7) calendar days after the event. Such notice will: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay; state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures. This notice shall not be required where the Services have actual notice of delays through participation in Oversight Committee proceedings;
Force Majeure Procedures. In the event that Portland is wholly or partially prevented from performing obligations under this agreement because of a Force Majeure event, the City will be excused from whatever performance is affected by such Force Majeure event to the extent so affected, and such failure to perform will not be considered a material breach provided that nothing in this section will be deemed to authorize the City to violate the ESA or render the goals of the HCP unobtainable, and provided further that:
(a) The suspension of performance is of no greater scope and no longer duration than is reasonably required by the Force Majeure;
(b) The City notifies the Service orally within a reasonable time (normally not to exceed 72 hours) after becoming aware of any event that the City contends constitutes a Force Majeure, and in writing within seven (7) calendar days after the event. Such notice will: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay; state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures;
(c) The City uses its best efforts to avoid and mitigate the effects of any delay upon its ability to perform. A Force Majeure event may require use of the adaptive management provisions of this agreement and the HCP in remedying the effects of the Force Majeure event; and
(d) When the City is able to resume performance of its obligations, it provides the Service written notice to that effect.
Force Majeure Procedures. In the event that the City is wholly or partially prevented from performing obligations under this agreement because of a force majeure event, the City will be excused from whatever performance is affected by such force majeure event to the extent so affected, and such failure to perform will not be considered a material breach of this agreement, provided that
(1) the City uses its best efforts to avoid and mitigate the effects of any delay;
(2) the suspension of performance is of no greater scope and no longer duration than is reasonably required by the force majeure;
(3) the City notifies the Parties orally within a reasonable time (normally not to exceed 48 hours) after becoming aware of any event that the City contends constitutes a force majeure, and in writing within seven (7) calendar days after the event. Such notice will: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay; state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures; and
(4) when the City is able to resume performance of its obligations, it provides the Parties written notice to that effect.
Force Majeure Procedures. 10.2.1 A Party delayed in performing or unable to perform any obligation hereunder by reason of Force Majeure shall give Notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as soon as practicable after the occurrence of the cause relied upon.
10.2.2 Telephone, facsimile or email Notices given pursuant to this Section 10.2 shall be confirmed in writing as soon as reasonably possible and shall specifically state the full particulars of the Force Majeure, the time and date when such Force Majeure occurred and when the Force Majeure is reasonably expected to cease.
10.2.3 A Party’s suspension of performance due to a Force Majeure shall be no longer or broader than necessary as a result of the Force Majeure, and the Party claiming Force Majeure shall resume full performance of its obligations as promptly as possible.
10.2.4 When the non-performing Party is able to resume performance of its obligations under this PPA, that Party shall give the other Party written Notice to that effect.
Force Majeure Procedures. Upon the occurrence of an event of Force ------------------------ Majeure, the Claiming Party shall: (a) provide prompt written notice of such Force Majeure event to the other Party, including an estimation of its expected duration and the probable impact on the performance of its obligations hereunder; (b) exercise all reasonable efforts in accordance with Good Utility Practice to continue to Issued by: ▇▇▇▇ ▇. ▇▇▇▇▇▇ Effective: January 1, 2002 Vice President - Energy Marketing and Trading Issued on: June 20, 2001 PPL EnergyPlus, LLC Original Sheet No. 30 Rate Schedule FERC No. 9 perform its obligations under this Agreement; (c) expeditiously take action to correct or cure the event or condition excusing performance, provided, however, that settlement of labor disputes will be completely within the sole discretion of the Party affected by such labor dispute; (d) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (e) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. Any obligation under this Agreement shall be suspended only to the extent caused by such Force Majeure event and only during the continuance of any inability of performance caused by such Force Majeure event but for no longer period.
Force Majeure Procedures.
(1) Neither Party shall be in breach or liable for any delay or failure in its performance under this Agreement to the extent such performance is prevented or delayed due to a Force Majeure, provided that:
(a) the Party whose performance is delayed or prevented shall give the other Party notice promptly (and within forty-eight (48) hours if possible) after it gains knowledge of the commencement of the Force Majeure, with written confirmation to be supplied within ten (10) calendar days after the commencement of the Force Majeure further describing the particulars of the occurrence of the Force Majeure and providing a good faith estimate of the duration of the period during which its performance will be affected by the Force Majeure;
(b) the delay in performance due to Force Majeure shall be of no greater scope and of no longer duration than is directly caused by the Force Majeure;
(c) the Party whose performance is delayed or prevented: (i) shall proceed with Commercially Reasonable Efforts to overcome the Force Majeure that is preventing or delaying performance; (ii) shall provide weekly written progress reports to the other Party during the period that performance is delayed or prevented describing actions taken and to be taken to remedy the consequences of the Force Majeure, the schedule for such actions and the expected date by which performance shall no longer be affected by the Force Majeure; and (iii) shall provide daily reports on the expected date by which performance shall no longer be affected by the Force Majeure; and
(d) when the performance of the Party claiming the Force Majeure is no longer being delayed or prevented, that Party shall give the other Party prompt notice to that effect and resume performance in accordance with this Agreement.
(2) The Party not claiming Force Majeure shall be excused from and not in breach of or liable for any delay or failure in its performance under this Agreement to the extent such performance corresponds or relates to non-performance by the Party claiming Force Majeure that is excused pursuant to Section 10.1(1) until the Party claiming Force Majeure has given notice in accordance with Section 10.1(1)(d) and resumed performance in accordance with this Agreement, or until the Party claiming Force Majeure is otherwise required in accordance with Article XIV to resume performance in accordance with this Agreement.
(3) A Force Majeure event or circumstance that precludes: (i) MH’s ability to supply any of th...
Force Majeure Procedures. (a) A Party delayed in performing or unable to perform any obligation hereunder by reason of Force Majeure shall give Notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as soon as practicable after the occurrence of the cause relied upon.
(b) Telephone or verbal communications given pursuant to this Section shall be confirmed in writing as soon as reasonably possible and shall specifically state the full particulars of the Force Majeure, the time and date when such Force Majeure occurred and when the Force Majeure is reasonably expected to cease.
(c) A Party’s suspension of performance due to a Force Majeure shall be no longer or broader than necessary as a result of the Force Majeure and the Party claiming Force Majeure shall resume full performance of its obligations as promptly as possible.
(d) When the non-performing Party can resume performance of its obligations under this PPA, that Party shall give the other Party written Notice to that effect.
Force Majeure Procedures. Following the occurrence of a Force Majeure Event, the Party shall provide prompt notice to the other Party of the Force Majeure Event, give an estimate of its expected duration and the probable impact on the performance by the Party of its obligations hereunder, exercise all reasonable efforts to continue to perform its obligations hereunder; expeditiously act to correct or cure the Force Majeure Event to the extent such action is within the power of the Party; exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; and provide prompt notice to the other Party of the cessation of the Force Majeure Event and the resumption by the Affected Party of the performance of its obligations hereunder.