No Default for Force Majeure. Subject to Section 8.02(f), neither Party will be considered to be in default in the performance of any of its obligations set forth in this Agreement (except for obligations to pay money) when and to the extent failure of performance is caused by Force Majeure; provided, (a) a failure to make payments when due that accrued prior to the Force Majeure event shall not be excused, and (b) there shall be no Available Capacity or A/S Availability for purposes of calculating any Reduced Monthly Energy Capacity Payment even if the unavailability is due to Force Majeure. Force Majeure Claim. Subject to Section 8.02(f), if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: the Claiming Party, no more than five (5) Business Days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; the Claiming Party, within five (5) Business Days, of providing Notice of occurrence of the Force Majeure, provides evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and as soon as Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption. ARTICLE TWENTY-FOUR
Appears in 2 contracts
Sources: Resource Adequacy Purchase Agreement, Resource Adequacy Purchase Agreement
No Default for Force Majeure. Subject to Section 8.02(fSections 6.02(f) and 6.02(g), neither Party will be considered to be in default in the performance of any of its obligations set forth in this Agreement (except for obligations to pay money) when and to the extent failure of performance is caused by Force Majeure; provided, (a) a failure to make payments when due that accrued prior to the Force Majeure event shall not be excused, and (b) there shall be no Available Capacity or A/S Availability for purposes of calculating any Reduced Monthly Energy Capacity Payment even if the unavailability is due to Force Majeure. Force Majeure Claim. Subject to Section 8.02(fSections 6.02(f) and 6.02(g), if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: the Claiming Party, no more than five fourteen (514) Business Days days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; the Claiming Party, within five (5) Business Days, of providing Notice of occurrence of the Force Majeure, provides Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption. ARTICLE TWENTY-FOUR.
Appears in 1 contract
Sources: Energy Storage Resource Adequacy Purchase and Sale Agreement (Energy Put Option)