Relief from Force Majeure Sample Clauses

Relief from Force Majeure. (a) The Generating Facility Owner or the Transmission Administrator, as the case may be, shall be relieved of its obligations under this Agreement and shall not be liable for any failure to perform any covenant created hereby to the extent that, and for so long as, such failure is due to, or is a consequence of, an event of Force Appendix 3 Page 27 of 53 Majeure. No Party shall, however, be excused from liability for failure of performance if such failure is due to causes arising out of its own negligence, Willful Act or failure to remedy same within a reasonable time. (b) The Party claiming relief as the result of an event of Force Majeure shall promptly give the other Party notice of same, including full particulars, and shall promptly give the other Party notice when performance of the obligation(s) affected by Force Majeure can recommence. (c) The Party claiming relief from liability as the result of an event of Force Majeure shall promptly remedy the cause and effect of the Force Majeure insofar as it is reasonably able to do so at reasonable cost.
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Relief from Force Majeure. (a) The Generating Facility Owner or the Transmission Administrator, as the case may be, shall be relieved of its obligations under this Agreement and shall not be liable for any failure to perform any covenant created hereby to the extent that, and for so long as, such failure is due to, or is a consequence of, an event of Force Majeure. No Party shall, however, be excused from liability for failure of performance if such failure is due to causes arising out of its own negligence, Willful Act or failure to remedy same within a reasonable time. (b) The Party claiming relief as the result of an event of Force Majeure shall promptly give the other Party notice of same, including full particulars, and shall promptly give the other Party notice when performance of the obligation(s) affected by Force Majeure can recommence. (c) The Party claiming relief from liability as the result of an event of Force Majeure shall promptly remedy the cause and effect of the Force Majeure insofar as it is reasonably able to do so at reasonable cost. (d) The validity of any claim of Force Majeure by the Generating Facility Owner or the Transmission Administrator, the reasonableness of the duration of the event of Force Majeure and the diligence of the efforts made to overcome, terminate, or mitigate the effects of the event of Force Majeure shall be subject to audit by the non-claiming Party.
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Relief from Force Majeure. ‌ (a) Where by reason of Force Majeure, a Party is prevented or delayed from performing any of its obligations under this Agreement, the Party whose performance is thereby prevented or delayed shall, unless otherwise provided herein, be relieved from any obligation to or liability under this Agreement related thereto (other than the obligation to make payments then due or becoming due with respect to performance prior to the Force Majeure); provided that such relief shall be of no greater scope and no longer duration than is dictated by the Force Majeure event. For clarity, an event of Force Majeure shall not extend the Term. (b) The Party seeking to invoke the benefit of this Section 9.1 shall provide prompt written notice to the other Party without delay upon, but in no event later than two (2) Business Days after, the occurrence of the Force Majeure event, specifying the causes of and expected duration of the Force Majeure event and the probable impact on the performance of or compliance with its obligations hereunder. (c) The Party not seeking to invoke the benefit of this Section 9.1 shall not be required to perform or resume performance of its obligations to the other Party corresponding to the obligations of the Party excused by Force Majeure, including payment obligations. (d) The Party claiming Force Majeure shall provide prompt written notice to the other Party without delay upon, but in no event later than two (2) Business Days following, cessation of the event of Force Majeure. Upon cessation of the event of Force Majeure, performance hereunder shall be resumed. (e) Notwithstanding anything to the contrary in this Section 9.1, either Party may elect to terminate this Agreement by providing a notice of termination to the other Party if any event or events of Force Majeure, in aggregate, last longer than sixty (60) days in duration in any twelve (12) month rolling period during the Term.‌
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Related to Relief from Force Majeure

  • Available Relief for a Force Majeure Event 11.7.1 Subject to this Article 11: (a) no Party shall be in breach of its obligations pursuant to this Agreement except to the extent that the performance of its obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) every Party shall be entitled to claim relief in relation to a Force Majeure Event in regard to its obligations, including but not limited to those specified under Article 4.5; (c) For avoidance of doubt, neither Party’s obligation to make payments of money due and payable prior to occurrence of Force Majeure events under this Agreement shall be suspended or excused due to the occurrence of a Force Majeure Event in respect of such Party. (d) Provided that no payments shall be made by either Party affected by a Force Majeure Event for the period of such event on account of its inability to perform its obligations due to such Force Majeure Event.

  • 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.

  • 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 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.

  • SAVINGS/FORCE MAJEURE A Force Majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Force Majeure includes, but is not limited to, acts of God, acts of war, acts of public enemies, terrorism, strikes, fires, explosions, actions of the elements, floods, or other similar causes beyond the control of the Contractor or the Commissioner in the performance of the Contract where non- performance, by exercise of reasonable diligence, cannot be prevented. The affected party shall provide the other party with written notice of any Force Majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the Force Majeure occurrence, including, but not limited to, specificity on quantities of materials, tooling, people, and other resources that will need to be redirected to another facility and the process of redirecting them. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the Force Majeure condition continues beyond thirty (30) days, the Parties shall jointly decide on an appropriate course of action that will permit fulfillment of the Parties’ objectives hereunder. The Contractor agrees that in the event of a delay or failure of performance by the Contractor, under the Contract due to a Force Majeure occurrence: a. The Commissioner may purchase from other sources (without recourse to and by the Contractor for the costs and expenses thereof) to replace all or part of the Products which are the subject of the delay, which purchases may be deducted from the Contract quantities without penalty or liability to the State, or b. The Contractor will make commercially reasonable efforts to provide Authorized Users with access to Products first in order to fulfill orders placed before the Force Majeure event occurred. The Commissioner agrees that Authorized Users shall accept allocated performance or deliveries during the occurrence of the Force Majeure event. Neither the Contractor nor the Commissioner shall be liable to the other for any delay in or failure of performance under the Contract due to a Force Majeure occurrence. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages. The existence of such causes of such delay or failure shall extend the period for performance to such extent as determined by the Contractor and the Commissioner to be necessary to enable complete performance by the Contractor if reasonable diligence is exercised after the cause of delay or failure has been removed. Notwithstanding the above, at the discretion of the Commissioner where the delay or failure will significantly impair the value of the Contract to the State or to Authorized Users, the Commissioner may terminate the Contract or the portion thereof which is subject to delays, and thereby discharge any unexecuted portion of the Contract or the relative part thereof. In addition, the Commissioner reserves the right, in his/her sole discretion, to make an equitable adjustment in the Contract terms and/or pricing should extreme and unforeseen volatility in the marketplace affect pricing or the availability of supply. "Extreme and unforeseen volatility in the marketplace" is defined as market circumstances which meet the following criteria: (i) the volatility is due to causes outside the control of Contractor; (ii) the volatility affects the marketplace or industry, not just the particular Contract source of supply; (iii) the effect on pricing or availability of supply is substantial; and (iv) the volatility so affects Contractor's performance that continued performance of the Contract would result in a substantial loss. Failure of the Contractor to agree to any adjustment shall be a dispute under the Disputes clause; provided however, that nothing in this clause shall excuse the Contractor from performing in accordance with the Contract as changed.