Mitigation of Project Force Majeure Event Clause Samples

The Mitigation of Project Force Majeure Event clause requires parties involved in a project to take reasonable steps to minimize the impact of unforeseen events that are beyond their control, such as natural disasters or government actions. In practice, this means that if a force majeure event occurs, the affected party must promptly notify the other party and actively seek ways to reduce delays or damages, such as finding alternative suppliers or adjusting project timelines. The core function of this clause is to ensure that both parties act responsibly to limit the negative consequences of force majeure events, thereby promoting fairness and reducing unnecessary losses.
Mitigation of Project Force Majeure Event. If LTES Operator is affected by a Project Force Majeure Event, LTES Operator must use best endeavours (including by incurring reasonable costs) to: (a) avoid or remove the circumstances constituting the Project Force Majeure Event; and (b) mitigate the effect of that Project Force Majeure Event upon the Project and LTES Operator’s performance of its obligations under this agreement, in each case, as soon as is reasonably practicable.
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Mitigation of Project Force Majeure Event. (a) If the performance by Project Operator or its obligation under this agreement or the operation of the Project are impacted oradversely affected by a Project Force Majeure Event on or after the Commercial Operations Date, then Project Operator must use its best endeavours (including by incurring reasonable costs) to mitigate the effect of that Force Majeure Event upon the Project and Project Operator’s performance of its obligations under this agreement as soon as is reasonably practicable.
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Mitigation of Project Force Majeure Event. If the performance by Project Operator or its obligation under this agreement or the operation of the Project are adversely affected by a Project Force Majeure Event on or after the Commercial Operations Date, then Project Operator must use its best endeavours (including by incurring reasonable costs) to mitigate the effect of that Project Force Majeure Event upon the Project and Project Operator’s performance of its obligations under this agreement as soon as is reasonably practicable. Major Casualty Event Major Casualty Event If a Major Casualty Event occurs, then Project Operator must provide to the Commonwealth either: a notice that Project Operator elects to reinstate the Project (“Election to Reinstate”), including Project Operator’s proposed plan to reinstate the Project to the condition it was in immediately prior to the Major Casualty Event (applying Good Industry Practice) as soon as reasonably practicable (including a reasonable period for contingency) (“Proposed Reinstatement Plan”); or a notice that Project Operator elects to not reinstate the Project, provided that, if Project Operator does not provide an Election to Reinstate by the date that is 6 months after the occurrence of the Major Casualty Event (or any such longer period agreed by both parties, acting reasonably), then Project Operator will be taken to have elected to not reinstate the Project. Reinstatement plan If the Commonwealth receives an Election to Reinstate, then: the Commonwealth must either: request any changes to the Proposed Reinstatement Plan that it considers (acting reasonably) are in the best long-term financial interests of electricity customers in the Relevant Jurisdiction; or approve the Proposed Reinstatement Plan, provided that if the Commonwealth does not request any changes to the Proposed Reinstatement Plan within 30 Business Days after receipt of the Election to Reinstate, the Commonwealth will be taken to have approved the Proposed Reinstatement Plan; and if the Commonwealth requests any changes to the Proposed Reinstatement Plan in accordance with subparagraph (a)(i)(A), then: within 20 Business Days after the Commonwealth’s request, Project Operator must provide an amended Proposed Reinstatement Plan to the Commonwealth; and within 20 Business Days after receipt of Project Operator’s amended Proposed Reinstatement Plan, the Commonwealth must (acting reasonably) approve or reject the amended Proposed Reinstatement Plan. Without limitation, it will be unrea...
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Mitigation of Project Force Majeure Event. (a) If the performance by Project Operator or its obligation under this agreement or the operation of the Project are impacted or affected by a Project Force Majeure Event on or after the Commercial Operations Date, then Project Operator must use its best endeavours (including by incurring reasonable costs) to mitigate the effect of that Project Force Majeure Event upon the Project and Project Operator’s performance of its obligations under this agreement as soon as is reasonably practicable. (b) If, during the Support Receipt Period, Sent Out Generation is reduced as a result of a Project Force Majeure Event, then Project Operator must use its best endeavours (including by incurring reasonable costs) to maximise Sent Out Generation (except during Negative Pricing Events).
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Related to Mitigation of Project Force Majeure Event

  • Force Majeure Event 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event. 16.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must: (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue. 16.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Notification of Force Majeure Event 11.5.1 The Affected Party shall give notice to the other Party of any event of Force Majeure as soon as reasonably practicable, but not later than seven (7) days after the date on which such Party knew or should reasonably have known of the commencement of the event of Force Majeure. If an event of Force Majeure results in a breakdown of communications rendering it unreasonable to give notice within the applicable time limit specified herein, then the Party claiming Force Majeure shall give such notice as soon as reasonably practicable after reinstatement of communications, but not later than one (1) day after such reinstatement. Provided that, such notice shall be a pre-condition to the Affected Party’s entitlement to claim relief under this Agreement. Such notice shall include full particulars of the event of Force Majeure, its effects on the Party claiming relief and the remedial measures proposed. The Affected Party shall give the other Party regular reports on the progress of those remedial measures and such other information as the other Party may reasonably request about the Force Majeure. 11.5.2 The Affected Party shall give notice to the other Party of (i) the cessation of the relevant event of Force Majeure; and (ii) the cessation of the effects of such event of Force Majeure on the performance of its rights or obligations/ roles under this Agreement, as soon as practicable after becoming aware of each of these cessations.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Effect of Force Majeure Event If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’): (a) the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and (b) the affected party must use its best endeavours to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.