Common use of Applicability of Force Majeure Clause in Contracts

Applicability of Force Majeure. A Party shall be relieved of its obligations to perform this PPA and shall not be considered to be in default with respect to any obligation under this PPA if and to the extent such Party is prevented from fulfilling such obligation by Force Majeure, provided, however, that: (i) such Party gives prompt notice describing the circumstances and impact of the Force Majeure; (ii) the relief from its obligations sought by such Party is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) such Party proceeds with due diligence to overcome the Force Majeure and resumes performance of its obligations under this PPA as soon as practicable thereafter; and (iv) such Party provides notice upon conclusion of the Force Majeure.

Appears in 5 contracts

Samples: Solar Energy Purchase Agreement, Purchase Agreement, Power Purchase Agreement

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Applicability of Force Majeure. A Except as explicitly provided otherwise herein, a Party shall be relieved of its obligations to perform this PPA and shall not be considered to be in default with respect to any obligation under this PPA if and to the extent that such Party is prevented from fulfilling such obligation by Force Majeure, provided, however, that: (i) such Party gives prompt notice Notice describing the circumstances and impact of the Force Majeure; (ii) the relief from its obligations sought by such Party is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) such Party proceeds with due diligence to overcome the Force Majeure and resumes resume performance of its obligations under this PPA as soon as practicable thereafterPPA; and (iv) such Party provides notice upon prompt Notice of the conclusion of the Force Majeure.

Appears in 3 contracts

Samples: Power Purchase Agreement, Eklutna Power Purchase Agreement (Chugach Electric Association Inc), Power Purchase Agreement

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Applicability of Force Majeure. A Party shall be relieved of its obligations to perform this PPA and shall not be considered to be in default with respect to any obligation under this PPA if if, and to the extent such Party is prevented from fulfilling such obligation by Force Majeure, provided, however, that: (i) such Party gives prompt notice Notice describing the circumstances and impact of the Force Majeure; (ii) the relief from its obligations sought by such Party is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) such Party proceeds with due diligence to overcome the Force Majeure and resumes resume performance of its obligations under this PPA as soon as practicable thereafterPPA; and (iv) such Party provides notice upon Notice prior to the conclusion of the Force Majeure.

Appears in 3 contracts

Samples: Wind Energy Purchase Agreement, Solar Energy Purchase Agreement, Escrow Agreement

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