Termination for Force Majeure Event Clause Samples

Termination for Force Majeure Event. Notwithstanding anything to the contrary contained in this Agreement, in the event that a Force Majeure Event shall have occurred and be continuing for one hundred and eighty (180) consecutive days, either party shall be entitled to terminate this Agreement upon thirty (30) days written notice to the other party.

Termination for Force Majeure Event. (a) If the occurrence of a Force Majeure Event frustrates or renders impossible for a continuous period of more than 180 days the performance by the Province or Project Co of its respective obligations with respect to all or a material portion of the Project or the Project Work, as the case may be, so as to frustrate the overall purpose and intent of the Project, then either the Province or Project Co may at any time, provided that such frustration is then continuing, terminate this Agreement by notice to the other party having immediate effect, subject to Sections 8.1(b) and 14.5 [Notice of Intention to Terminate and Dispute], provided that, if Project Co exercises such right to terminate, the Province may, by notice to Project Co reject such termination of this Agreement by Project Co and upon such rejection by the Province: (i) the parties, insofar as they are able to do so, will continue to perform their respective obligations under this Agreement in accordance with the provisions of this Agreement; (ii) without prejudice to the other relief available to the parties in respect of such Force Majeure Event pursuant to Section 8.5 [Parties’ Entitlements Upon Occurrence of a Force Majeure Event], Project Co shall, for so long as the effects of the relevant Force Majeure Event continue, be compensated in accordance with Section 8.3(b), but only in respect of the Direct Losses incurred by Project Co as a result of the Force Majeure Event as and from the date of the exercise by Project Co of its termination right; and (iii) the Province may at any time thereafter, provided that such frustration is then continuing, terminate this Agreement by notice to Project Co having immediate effect, subject to Section 14.5 [Notice of Intention to Terminate and Dispute]. (b) If this Agreement is terminated by either the Province or Project Co pursuant to Section 8.6(a), compensation on termination shall be payable in accordance with Part 2 [Compensation on Non-Default Termination] of Schedule 13.

Termination for Force Majeure Event. Notwithstanding anything to the contrary in this Section 17, if nonperformance on account of a Force Majeure Event continues beyond a continuous period of three hundred and sixty-five (365) days, then either Party shall have the right to terminate this Agreement upon thirty (30) days notice to the other. Upon such termination, Provider shall be required to decommission and remove the Project from the applicable Site in accordance with the provisions of Section 9(f) (unless there has been a casualty event, in which case the provisions of clause (c) above shall apply to the removal of the Project). In the event of such a termination of this Agreement with respect to the Project, the Parties shall not be released from any payment or other obligation arising under this Agreement which accrued prior to the shutdown of the Project or the Premises, and the indemnity, confidentiality and dispute resolution provisions of this Agreement shall survive the termination of this Agreement.

Termination for Force Majeure Event. Notwithstanding Section 22.5, Services Recipient may terminate any affected Statement of Work if Service Provider is unable to perform the Services with respect to such Statement of Work in any material respect (i) for more than ten (10) consecutive days, or (ii) for more than thirty (30) days in any calendar quarter, as a result of a Force Majeure Event. In the event Services Recipient so elects to terminate the affected Services as allowed under this Section 25.4 (which such election will be made within thirty (30) days of the occurrence of the event described in (i) or (ii) above), then upon at least thirty (30) days’ prior written notice, such affected Services shall be terminated, and Services Recipient shall not be required to pay any termination charges (including the Absorption Fee or severance costs) in connection with a termination under this Section 25.4.

Termination for Force Majeure Event. In the event that this Agreement is terminated by either Party pursuant to Section : 18.7.1 Supplier shall immediately (a) discontinue the Equipment Supply Obligations, (b) conduct an inventory of the equipment and materials related to the Equipment Supply Obligations on the Project Site or en route to the Project Site, (c) remove its personnel and equipment from the Project Site, (d) remove from the Project Site and dispose of all waste, rubbish and debris associated with the Equipment Supply Obligations, (e) execute any documents or instruments reasonably requested by Buyer related to the assignment to Buyer of Supplier’s Subcontracts (provided, however, that notwithstanding anything herein to the contrary, in the case of the purchase order for the Wind Turbines with Supplier Parent (or its Affiliates), Supplier shall only be required to assign a separately created, stand-alone purchase order for the supply of such Wind Turbines and not the purchase order issued by Supplier pursuant to the “frame agreement” (nor the “frame agreement” itself) between Supplier and Supplier Parent which, among other things, includes the exclusive license to sell the wind turbines in North America), (f) assign, to the extent assignable, all Supplier Permits then held by Supplier pertaining to the Project as Buyer may reasonably direct, and (g) take such steps, at Buyer’s sole cost and expense, as are reasonably necessary to preserve, inventory and protect that portion of the Equipment Supply Obligations to which Buyer is expected to take title under Section that is completed or in progress until the same is delivered to the Project Site; 18.7.2 Buyer shall, within ten (10) Business Days following receipt of an invoice therefor, make a termination payment to Supplier for (i) all Turbine Equipment delivered, that portion of the Equipment Supply Obligations performed and all other amounts due hereunder through and including the date of such termination in accordance with the requirements of this Agreement, reduced by any amounts previously paid by Buyer, (ii) all reasonable out-of-pocket expenses of negotiating and paying termination costs under Subcontracts and purchase orders, storage costs, transportation costs and all other costs incurred which are reasonably necessary for the preservation, protection or disposition of the Equipment Supply Obligations (including unused equipment and the Turbine Equipment), (iii) any loss sustained to or upon any equipment, materials, tools,...

Termination for Force Majeure Event. Either Party may terminate this Agreement pursuant to and in accordance with Section 14.12 in connection a Force Majeure Event.

Termination for Force Majeure Event. If a Force Majeure event shall have occurred that has affected Supplier’s performance of its obligations hereunder and that has continued for a period of three hundred and sixty five (365) consecutive days, then Customer shall be entitled to terminate this Agreement upon sixty (60) days’ prior written notice to Supplier. If at the end of such sixty (60) day period such Force Majeure event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure event, neither Party shall have any liability to the other, subject to Section 17.10 (Survival). By mutual agreement of the Parties, any System damaged or destroyed by a Force Majeure event may be replaced by Supplier within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect, including the remaining Term of this Agreement.

Termination for Force Majeure Event. Provider is not responsible for the consequences of any failure to perform, or default in performing, any of its obligations under this Agreement, if that failure or default is caused by any unforeseeable Force Majeure Event, beyond the control of and without the fault or negligence of Provider. Notwithstanding the above, if a delay or interruption of performance by Provider resulting from its experiencing a Force Majeure Event exceeds fifteen (15) days and during such period more than fifty (50) percent of the Services are unavailable, despite Provider's use of its best efforts (that shall not involve the payment of funds that would not be commercially reasonable under the circumstances), the State may terminate any Service Bundle (in whole or in part), by delivering to Provider a Termination Notice specifying the Termination Date; provided, however, that the State may not terminate Service Bundles 1, 2, 3 and 7 individually, but only as a group and provided further, however, that Provider shall continue to perform its Disentanglement obligations in respect of such terminated Services. In the event the State terminates the Services pursuant to this Section, and Provider has performed all of its obligations (including its Disentanglement obligations), the State shall pay to Provider, on or before the sixtieth (60th) day after the Termination Date, in addition to the amounts payable pursuant to Sections 9 and 16, the amount set forth in Section 14.2.1.

Termination for Force Majeure Event. Notwithstanding anything to the contrary in this Section 17, if nonperformance on account of a Force Majeure Event continues beyond a continuous period of three hundred and sixty-five (365) days, then either the Host or Provider shall have the right to declare a Expiration Date by Force Majeure, effective no earlier than receipt of such notice. Upon such declaration, Provider shall be required to decommission and remove the Project from the applicable Site in accordance with the provisions of Section 9(f) (unless there has been a casualty event, in which case the provisions of clause (c) above shall apply to the removal of the Project). In the event of such a termination of this Agreement with respect to the Project, the Provider and Host shall not be released from any payment or other obligation arising under this Agreement which accrued prior to the shutdown of the Project or the Premises, and the indemnity, confidentiality and dispute resolution provisions of this Agreement shall survive the termination of this Agreement.