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.
Appears in 2 contracts
Sources: Capacity Agreement (Duquesne Light Co), Capacity Agreement (Duquesne Light Co)
Force Majeure Procedures. Upon A Party shall not be entitled to rely on the occurrence of an event of Force ------------------------ Majeure, Majeure as a basis for being excused from performance of its obligations under this Agreement unless the Party affected by such relying on the event shall or condition 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 Subject to this Section 8.3, 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.
Appears in 2 contracts
Sources: Asset Purchase and Sale Agreement (Potomac Electric Power Co), Asset Purchase and Sale Agreement (Southern Energy Inc)
Force Majeure Procedures. Upon A Party shall not be entitled to rely on the occurrence of an event of Force ------------------------ Majeure, Majeure as a basis for being excused from performance of its obligations under this Lease unless the Party affected by such relying on the event shall or condition 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 AgreementLease; (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 EXHIBIT H condition giving rise to its excuse from performance. Any Subject to this Section 26.03, any obligation under this Agreement Lease 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.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Potomac Electric Power Co)
Force Majeure Procedures. Upon A Party shall not be entitled to rely on the occurrence of an event of Force ------------------------ Majeure, Majeure as a basis for being excused from performance of its obligations under this Lease unless the Party affected by such relying on the event shall or condition 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 AgreementLease; (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 461 condition giving rise to its excuse from performance. Any Subject to this Section 26.03, any obligation under this Agreement Lease 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.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Southern Energy Inc)
Force Majeure Procedures. Upon A Party shall not be entitled to rely on the occurrence of an event of Force ------------------------ Majeure, Majeure as a basis for being excused from performance of its obligations under this Agreement unless the Party affected by such relying on the event shall or condition 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 Subject to this Section 13.3, 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.
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Potomac Electric Power Co)
Force Majeure Procedures. Upon A Party shall not be entitled to rely on the occurrence of an event of Force ------------------------ Majeure, Majeure as a basis for being excused from performance of its obligations under this Agreement unless the Party affected by such relying on the event shall or condition 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 Subject to this Section 13.3, 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.. 426
Appears in 1 contract
Sources: Asset Purchase and Sale Agreement (Southern Energy Inc)