Scope of Suspension; Duty to Mitigate. The suspension of or impact on performance due to an event of Force Majeure or an Excusable Event shall be of no greater scope and no longer duration than is required by such event. The excused Party shall use its reasonable efforts: (a) to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to the performance of its obligations under this Agreement; (b) to continue to perform its obligations hereunder; and (c) to remedy its inability to perform, as applicable. When the affected Party is able to resume performance of its obligation under this Agreement, such affected Party shall give the other Party Notice to that effect.
Appears in 1 contract
Sources: Engineering, Procurement and Construction Agreement (Txu Corp /Tx/)
Scope of Suspension; Duty to Mitigate. The suspension of or impact on performance due to an event of a Force Majeure Event or an Excusable Event shall be of no greater scope and no longer duration than is required by such event, including a reasonable time for recovery, and reasonable demobilization and reasonable remobilization. The excused Party shall use its reasonable efforts:
(a) to mitigate the duration of, and costs arising from, any suspension or delay in, or other impact to in the performance of its obligations under this AgreementContract;
(b) to continue to perform its obligations hereunder; and
(c) to remedy its inability to perform, as applicable. When the affected Party is able to resume performance of its obligation under this AgreementContract, such affected Party shall give the other Party Notice to that effect.
Appears in 1 contract
Sources: Engineering, Procurement and Construction Contract (Nevada Geothermal Power Inc)