Common use of Uncontrollable Force Clause in Contracts

Uncontrollable Force. Neither party shall be considered to be in default in the performance of any obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within the control of the affected party and which by exercise of reasonable due diligence, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosion, public emergency, civil disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep the necessary authorizations or approvals from any governmental agency or authority; however, no party shall be relieved of its obligations hereunder, if its failure of performance is due to removable or remediable causes which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time period. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt notice of such fact to the other, followed by written confirmation of notice, and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity and ▇▇▇▇▇▇ Energy during any monthly billing period as provided in Section 8(f) of this Contract, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity, ▇▇▇▇▇▇ Energy and ▇▇▇▇▇▇ C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity and, ▇▇▇▇▇▇ Energy and ▇▇▇▇▇▇ C Energy during any Billing Period as provided in Section 11(f) of this Contract, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity, ▇▇▇▇▇▇ Energy and ▇▇▇▇▇▇ C Energy during any Billing Period as provided in Section 11(f) of this Contract or any payment required under Section 21, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity and ▇▇▇▇▇▇ Energy during any Billing Period as provided in Section 11(f) of this Contract, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither party the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the performance obligation of the Customer to pay for the ▇▇▇▇▇▇ Capacity, ▇▇▇▇▇▇ Energy and ▇▇▇▇▇▇ C Energy during any Billing Period as provided in Section 11(f) of this Contract, if prevented from fulfilling such obligations under this Agreement when a failure by reason of performance shall be due to an uncontrollable force. The term "“uncontrollable force" as used in this Agreement, shall mean an unanticipated event which is not reasonably within ” means any cause beyond the control of the affected party and which by exercise affected, including but not restricted to, failure of reasonable due diligenceor threat of failure of facilities, such affected party could not reasonably have been expected to avoid, overcome or obtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, explosionlightning, public emergencyepidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or non-action by nonaction by, or inability failure to obtain or keep the necessary authorizations or approvals from from, any governmental agency or authority; however, no which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be relieved of its obligations hereunder, if its failure of performance is due unable to removable overcome. Nothing contained herein shall be construed to require a party to settle any strike or remediable causes labor dispute in which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time periodit may be involved. Either party rendered unable to fulfill any of its obligations under this Agreement the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other, followed by written confirmation of notice, other party and shall exercise due diligence to remove such inability with all reasonable dispatch.