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.
Appears in 1 contract
Sources: Resource Adequacy Purchase Agreement
No Default for Force Majeure. Subject to Section 8.02(f6.02(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.
Appears in 1 contract
Sources: Energy Storage Resource Adequacy Purchase and Sale Agreement