Uncontrollable Force. Neither Party shall be liable to the other for any charges, damages, or claims of damage attributable to any Uncontrollable Force. An “Uncontrollable Force” includes any cause or event that, by the exercise of reasonable diligence, the affected Party is unable to avoid. Uncontrollable Forces include, but are not limited to, injunction or other decree or order of any court or government agency having jurisdiction, sabotage, labor disputes, strikes, lock-outs, work stoppages, riot, insurrection, acts of public enemy, fire, flood, explosion, extraordinary action of the elements, earthquake or other acts of God, or failure or loss of facilities (including the Distribution Facilities and facilities of third parties providing power or transmission services). If either Party is rendered wholly or partly unable to perform any of its obligations under this Contract by reason of Uncontrollable Force, such obligation shall be suspended or excused, provided that such Party shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability within a reasonable time period. Neither Party shall be relieved by operation of this Section of any payment obligation or liability with respect to performance that occurred prior to the Uncontrollable Force.
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Sources: Electric Power and Service Contract, Electric Power and Service Contract