Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement due solely to conditions or events of Force Majeure, provided that:
Appears in 5 contracts
Samples: Delivery Agreement (Comverge, Inc.), Delivery Agreement (Comverge, Inc.), Delivered Demand Reduction Agreement (Comverge, Inc.)
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement (except for payment obligations) due solely to conditions or events of Force Majeure, provided that:
Appears in 4 contracts
Samples: Control Delivery Agreement, Delivery Agreement (Comverge, Inc.), Direct Load Control Delivery Agreement (Comverge, Inc.)
Applicability of Force Majeure. Neither Notwithstanding anything to the contrary herein, neither Party shall be responsible or liable in breach for any delay or failure in its performance under this Agreement to the extent such performance is prevented due solely to conditions or events of Force Majeure, provided that:
Appears in 4 contracts
Samples: Purchase and Sale Agreement (USA Synthetic Fuel Corp), Purchase and Sale Agreement (USA Synthetic Fuel Corp), Purchase and Sale Agreement (Global Energy, Inc.)
Applicability of Force Majeure. Neither Party shall will be responsible or liable for any delay or failure in its performance under this Agreement hereunder, nor will such Party be deemed in breach hereof, to the extent such delay, failure or breach is due solely to conditions or events of Force Majeure, Majeure provided that:
Appears in 2 contracts
Samples: Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC), Ethanol Merchandising Agreement (Southwest Iowa Renewable Energy, LLC)
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement due solely to conditions or events of Force Majeure (except that any and all obligations to pay money shall not be delayed or excused by conditions or events of Force Majeure), provided that:
Appears in 2 contracts
Applicability of Force Majeure. Neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement hereunder due solely to conditions or events of Force Majeure, provided that:
Appears in 1 contract
Applicability of Force Majeure. Neither Party shall will be responsible or liable for any delay or failure in its performance under hereunder, nor will such Party be deemed in breach of this Agreement Agreement, to the extent such delay, failure or breach is due solely to conditions or events of Force Majeure, Majeure provided that:
Appears in 1 contract
Samples: Ethanol Merchandising Agreement (One Earth Energy LLC)
