Termination Relating to Force Majeure Events Clause Samples

Termination Relating to Force Majeure Events. ‌ (a) If a Claiming Party is excused from its obligations under this Agreement for 180 consecutive days because of a Force Majeure event, the other Party may, at any time prior to the termination of the Force Majeure event, terminate this Agreement effective upon not less than three calendar days’ notice to the other Party; provided, that in the event that the Claiming Party holds the other Party harmless from the effects of such non-performance, such 180-day period will be suspended for such period, not in any event to exceed 180 days suspension, as the Claiming Party continues so to hold the other Party harmless. For purposes of this Section 13.4(a), “hold harmless” means (a) in the event that Seller is the Claiming Party, the implementation by Seller of alternative arrangements for the delivery to Buyer of the Hourly Energy Quantity and delivery of the Environmental Attributes, the delivery of which has been affected by the relevant Force‌ Majeure event, and (b) in the event that Buyer is the Claiming Party, the implementation by Buyer of alternative arrangements for receipt from Seller of the Hourly Energy Quantity and receipt of the Environmental Attributes, the receipt of which has been affected by the relevant Force Majeure event. (b) Notwithstanding the provisions of Section 13.4(a), if a Force Majeure event described in Section 13.1(d) occurs and as a result Seller is required to use Incidental Services Energy under Section 13.2 for a period of 90 or more consecutive days to supply the Hourly Energy Quantities to Buyer, either Party may, by notice to the other Party, require that the Parties negotiate in good faith regarding the potential implementation of an alternative energy supply for the Hourly Energy Quantities. If such good faith negotiations do not result in agreement on such an alternative energy supply within a period of 30 days following the start of such negotiations (or any longer time period to which the Parties may agree), Buyer may, at any time thereafter prior to the termination of the Force Majeure event, terminate this Agreement effective upon not less than three calendar days’ notice to Seller. The foregoing shall not in any way prejudice Seller’s right to terminate pursuant to Section 13.4(a). (c) In the event of termination pursuant to this Section 13.4, neither Party will have any liability whatsoever to the other Party (including liability for any Termination Payment) under or in connection with this Agreement; provided, tha...
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Related to Termination Relating to Force Majeure Events

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Termination for continuing Force Majeure Event Either Party may, by written notice to the other, terminate this Framework Agreement if a Force Majeure Event endures for a continuous period of more than one hundred and twenty (120) Working Days.

  • Reporting of Non-Force Majeure Events Each Party (the “Notifying Party”) shall notify the other Parties when the Notifying Party becomes aware of its inability to comply with the provisions of this Agreement for a reason other than a Force Majeure event. The Parties agree to cooperate with each other and provide necessary information regarding such inability to comply, including the date, duration, reason for the inability to comply, and corrective actions taken or planned to be taken with respect to such inability to comply. Notwithstanding the foregoing, notification, cooperation or information provided under this Article shall not entitle the Party receiving such notification to allege a cause for anticipatory breach of this Agreement.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Termination Notice for Force Majeure Event 21.7.1 If a Force Majeure Event subsists for a period of 60 (sixty) days or more within a continuous period of 120 (one hundred and twenty) days, either Party may in its discretion terminate this Agreement by issuing a Termination Notice to the other Party without being liable in any manner whatsoever, save as provided in this Article 21, and upon issue of such Termination Notice, this Agreement shall, notwithstanding anything to the contrary contained herein, stand terminated forthwith; provided that before issuing such Termination Notice, the Party intending to issue the Termination Notice shall inform the other Party of such intention and grant 15 (fifteen) days time to make a representation, and may after the expiry of such 15 (fifteen) days period, whether or not it is in receipt of such representation, in its sole discretion issue the Termination Notice.