Common use of Conditions Regarding Force Majeure Event Clause in Contracts

Conditions Regarding Force Majeure Event. A Party claiming a Force Majeure Event must: (i) use commercially reasonable efforts to cure, mitigate, or remedy the effects of its nonperformance; provided that neither Party will have any obligation hereunder to settle a strike or labor dispute; (ii) bear the burden of demonstrating its existence; and (iii) notify the other Party of the occurrence of the Force Majeure Event as quickly as reasonably possible, but no later than five (5) business days after learning of the occurrence of the Force Majeure Event. Any Party that fails to notify the other Party of the occurrence of a Force Majeure Event as required by this Section 9.2 will forfeit its right to excuse performance of its obligations due to such Force Majeure Event. When a Party claiming a Force Majeure Event is able to resume performance of its obligations under this Agreement, it will immediately give the other Party notice to that effect and resume performance. If a Force Majeure Event occurs that impedes West Central’s ability to provide quantities of Oil in accordance with this Agreement, West Central shall reasonably cooperate with REG to assist REG in obtaining substitute quantities of Oil from other sources during the period West Central is excused from performance as a result of such event, but West Central’s obligation pursuant to this Section 9.2 to cure, mitigate or remedy the effects of its nonperformance shall not include an obligation for West Central to identify, contract for or otherwise act on REG’s behalf in obtaining substitute quantities of Oil from other sources and West Central shall not be obligated to pay any additional costs for procuring substitute Oil pursuant to Section 8.1 or otherwise; provided, however, that West Central may offer to REG and REG may purchase from West Central, in each Party’s discretion, substitute Oil from other sources at a price which will include any additional delivery or other costs.

Conditions Regarding Force Majeure Event. A Party claiming a Force Majeure Event must: (i) use commercially reasonable efforts to cure, mitigate, or remedy the effects of its nonperformance; provided that neither Party will have any obligation hereunder to settle a strike or labor dispute; (ii) bear the burden of demonstrating its existence; and (iii) notify the other Party of the occurrence of the Force Majeure Event as quickly as reasonably possible, but no later than five (5) business days after learning of the occurrence of the Force Majeure Event. Any Party that fails to notify the other Party of the occurrence of a Force Majeure Event as required by this Section 9.2 10 will forfeit its right to excuse performance of its obligations due to such Force Majeure Event. When a Party claiming a Force Majeure Event is able to resume performance of its obligations under this Agreement, it will immediately give the other Party notice to that effect and resume performance. If For the purpose of clarification and not for purposes of limitation, if a Force Majeure Event occurs that which impedes West CentralBunge’s ability to provide quantities of Oil in accordance with this Agreement, West Central Bunge shall reasonably cooperate with REG Producer to assist REG in obtaining obtain substitute quantities of Oil from other sources during the period West Central Bunge is excused from performance as a result of such event, but West CentralBunge’s obligation pursuant to this Section 9.2 to cure, mitigate or remedy the effects of its nonperformance shall not include an obligation for West Central Bunge to identify, contract for or otherwise act on REGProducer’s behalf in obtaining substitute quantities of Oil from other sources and West Central Bunge shall not be obligated to pay any additional costs for procuring substitute Oil pursuant to Section 8.1 8.2 or otherwise; provided, however, that West Central Bunge may offer to REG Producer and REG Producer may purchase from West CentralBunge, in each Partyparty’s discretion, substitute Oil from other sources at a price which will include any additional delivery or other costs. During the time that Bunge’s performance is suspended under this Agreement as a result of a Force Majeure Event, Producer’s obligations to purchase minimum quantities of Oil as set forth in this Agreement shall be suspended.

Conditions Regarding Force Majeure Event. A Party claiming a Force Majeure Event must: (i) use commercially reasonable efforts to cure, mitigate, or remedy the effects of its nonperformance; provided that neither Party will have any obligation hereunder to settle a strike or labor dispute; (ii) bear the burden of demonstrating its existence; and (iii) notify the other Party of the occurrence of the Force Majeure Event as quickly as reasonably possible, but no later than five (5) business days after learning of the occurrence of the Force Majeure Event. Any Party that fails to notify the other Party of the occurrence of a Force Majeure Event as required by this Section 9.2 will forfeit its right to excuse performance of its obligations due to such Force Majeure Event. When a Party claiming a Force Majeure Event is able to resume performance of its obligations under this Agreement, it will immediately give the other Party notice to that effect and resume performance. If For the purpose of clarification and not for purposes of limitation, if a Force Majeure Event occurs that which impedes West CentralBunge’s ability to provide quantities of Oil in accordance with this AgreementAgreement (which, West Central for purposes of clarification and not for purposes of limitation, shall include a Force Majeure Event occurring at Bunge’s existing oil processing facility in Emporia, Kansas that prevents Bunge’s performance under this Agreement through use of such processing facility), Bunge shall reasonably cooperate with REG Producer to assist REG in obtaining obtain substitute quantities of Oil from other sources during the period West Central Bunge is excused from performance as a result of such event, but West CentralBunge’s obligation pursuant to this Section 9.2 to cure, mitigate or remedy the effects of its nonperformance shall not include an obligation for West Central Bunge to identify, contract for or otherwise act on REGProducer’s behalf in obtaining substitute quantities of Oil from other sources and West Central Bunge shall not be obligated to pay any additional costs for procuring substitute Oil pursuant to Section 8.1 8.2 or otherwise; provided, however, that West Central Bunge may offer to REG Producer and REG Producer may purchase from West CentralBunge, in each Party’s discretion, substitute Oil from other sources at a price which will include any additional delivery or other costs. During the time that Bunge’s performance is suspended under this Agreement as a result of a Force Majeure Event, Producer’s obligations to purchase minimum quantities of Oil as set forth in this Agreement shall be suspended.