Common use of Removal of Force Majeure Clause in Contracts

Removal of Force Majeure. If, within a reasonable time after the occurrence of an event of Force Majeure that has caused Contractor to suspend or delay performance of the Work, Owner has identified and recommended to Contractor commercially reasonable action to be undertaken, and Contractor has failed within ten (10) days after receipt of Notice from Owner thereof to take such action as Contractor could lawfully and reasonably initiate to remove or relieve either the event which caused such an event of Force Majeure or its direct or indirect effects, Owner may, in its sole discretion and after Notice to Contractor, initiate such reasonable measures as will be designed to remove or relieve such an event of Force Majeure or its direct or indirect effects and thereafter require Contractor to resume full or partial performance of the Work. Owner may off-set the reasonable costs it incurs in taking such measures against any payments owed to Contractor hereunder.

Appears in 1 contract

Sources: Engineering, Procurement, and Construction Agreement (Energy Future Holdings Corp /TX/)

Removal of Force Majeure. If, within a reasonable time after the occurrence of an event of Force Majeure that has caused Contractor to suspend or delay performance of the Work, Owner has identified and recommended to Contractor commercially reasonable action to be undertaken, and Contractor has failed within ten five (105) days after receipt of Notice from Owner thereof to take such action as Contractor could lawfully and reasonably initiate to remove or relieve either the event which caused such an event of Force Majeure or its direct or indirect effects, Owner may, in its sole discretion and after Notice to Contractor, initiate such reasonable measures as will be designed to remove or relieve such an event of Force Majeure or its direct or indirect effects and thereafter require Contractor to resume full or partial performance of the Work. Owner may off-set the reasonable costs it incurs in taking such measures against any payments owed to Contractor hereunder.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (Txu Corp /Tx/)