Duration of Force Majeure. An Interconnection Party shall not be responsible, or considered to be in Breach or Default under this Interconnection Service Agreement, for any non-performance, any interruption or failure of service, deficiency in the quality or quantity of service, or any other failure to perform any obligation hereunder to the extent that such failure or deficiency is due to Force Majeure. An Interconnection Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Interconnection Party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing Interconnection Party is able to resume performance of its obligations excused because of the occurrence of Force Majeure, such Interconnection Party shall resume performance and give prompt notice thereof to the other parties.
Duration of Force Majeure. A Construction Party shall not be responsible for any non-performance or considered in Breach or Default under this Appendix 2, for any non-performance, any interruption or failure of service, deficiency in the quality or quantity of service, or any other failure to perform any obligation hereunder to the extent that such failure or deficiency is due to Force Majeure. A Construction Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Construction Party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing Construction Party is able to resume performance of its obligations excused because of the occurrence of Force Majeure, such Construction Party shall resume performance and give prompt notice thereof to each other Construction Party.
Duration of Force Majeure. A party shall not be considered to be in Default with respect to any obligation hereunder, other than the obligation to pay money when due, if prevented from fulfilling such obligation by Force Majeure. A party unable to fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Force Majeure shall give notice and the full particulars of such Force Majeure to the other parties in writing as soon as reasonably possible after the occurrence of the cause relied upon. Those notices shall specifically state full particulars of the Force Majeure, the time and date when the Force Majeure occurred, and when the Force Majeure is reasonably expected to cease. Written notices given pursuant to this Article shall be acknowledged in writing as soon as reasonably possible. The party affected shall exercise Reasonable Efforts to remove such disability with reasonable dispatch, but shall not be required to accede or agree to any provision not satisfactory to it in order to settle and terminate a strike or other labor disturbance. The party affected has a continuing notice obligation to the other parties, and must update the particulars of the original Force Majeure notice and subsequent notices, in writing, as the particulars change. The affected party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing party is able to resume performance of its obligations excused because of the occurrence of Force Majeure, such party shall resume performance and give prompt written notice thereof to the other parties.
Duration of Force Majeure. Except as set forth in Article 4.3, no Party will be considered in Default as to any obligation under this Agreement if prevented from fulfilling the obligation due to an event of Force Majeure. A Party shall not be responsible for any non-performance or be considered in Breach or Default under this Agreement due to Force Majeure. A Party shall be excused from whatever performance is affected for only the duration of the Force Majeure event and while the Party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing Party is able to resume performance of its obligations excused as a result of the occurrence of Force Majeure, such Party shall give prompt notice thereof to the other Parties.
Duration of Force Majeure. A Party shall not be responsible, or considered to be in Breach or default under this NUFA, for any failure to perform any obligation hereunder to the extent that such failure or deficiency is due to Force Majeure. A Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Party exercises Reasonable Efforts to alleviate such situation. As soon as the non-performing Party is able to resume performance of its obligations excused because of the occurrence of Force Majeure, such Party shall resume performance and give prompt notice thereof to the other parties.
Duration of Force Majeure. A Party shall not be responsible for any non-performance or be considered in Breach or Default under this Agreement due to Force Majeure whether occurring on the System, the Facility, the Manitoba Hydro Interconnection Facilities, or the Generator Interconnection System. A Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Party exercises reasonable efforts to alleviate such situation. As soon as the non-performing Party is able to resume performance of its obligations excused as a result of the occurrence of Force Majeure, such Party shall give prompt notice thereof to the other Parties.
Duration of Force Majeure. A Permissible Delay arising from an event of Force Majeure shall be of no greater duration than is required by the event of Force Majeure.
Duration of Force Majeure. If EWEB’s inability to perform any PME measure pursuant to this Agreement due to Force Majeure materially reduces the benefit of this Agreement, any Party other than EWEB may withdraw from this Agreement after first initiating and completing dispute resolution under Section 7 of this Agreement toward eliminating the reason for the withdrawal, or may pursue any other right or authority or seek any remedy available under applicable law. If any Party withdraws from this Agreement pursuant to this Section 8.6.2, EWEB may oppose the assertion of such other right, authority, or remedy that Party seeks to assert under any applicable law or notify FERC that EWEB has withdrawn from this Agreement and seek such further FERC action as EWEB deems appropriate.
Duration of Force Majeure. Except as set forth in Section 6.3, no Party shall be considered in breach or default as to any obligation under this Agreement if prevented from fulfilling the obligation due to an event of Force Majeure. A Party shall not be responsible for any non-performance or be considered in breach or default under this Agreement due to Force Majeure whether occurring on the System, the Customer Facility, the District Interconnection Facilities, or any connecting electric generating, transmission, or distribution system affecting or interconnected to the Party’s System. A Party shall be excused from whatever performance is affected only for the duration of the Force Majeure and while the Party exercises reasonable efforts to alleviate such situation. As soon as the non-performing Party is able to resume performance of its obligations excused as a result of the occurrence of Force Majeure, such Party shall give prompt notice thereof to the other Parties.
Duration of Force Majeure. 24 8.7 Indemnification and Hold Harmless 24 8.8 No Consent to Jurisdiction 25 8.9 Elected Officials Not To Benefit 25 8.10 No Partnership 25 8.11 Reference to Statutes or Regulations 25 8.12 Notice 25 8.13 Section Titles for Convenience Only 25 8.14 Signing in Counterparts 26 8.15 Waiver 26 8.16 Responsibility for Costs 26 8.17 Availability of Funds 26 Exhibits and Appendices Exhibit A - Proposed License Articles Exhibit B - Interim Measures Exhibit C - Project Operating Plan Exhibit D - Fish Passage Plan Exhibit E - Terrestrial Resources Management Plan (detailed outline) Exhibit F - Description of Trout Creek Habitat Improvement Project Exhibit G - List of Measures to be Included in Recreational Resources Implementation Plan Exhibit H - Xxxxxx Round Butte Fund Implementation Plan Exhibit I - Lower River Gravel Study Design Exhibit J - Cultural Resources Management Plan Exhibit K - Implementation Committees Exhibit L - Authorized Representatives of the Parties Appendix A - Water Quality Certificates and WQMMP A-1 ODEQ Water Quality Certification A-2 WCB Water Quality Certification A-3 WQMMP Appendix B - Hatchery Contract Appendix C - Law Enforcement Service Agreement Appendix D - Road Maintenance Term Sheet Appendix E - Final Section 7(a) Wild and Scenic Rivers Determinations Appendix F - NOAA Fisheries Best Management Practices XXXXXX ROUND BUTTE HYDROELECTRIC PROJECT RELICENSING SETTLEMENT AGREEMENT This Settlement Agreement (with attached Exhibits, referred to collectively as the “Agreement”) is made as of July 13, 2004 (the “Effective Date”), by and among Portland General Electric Company, an Oregon corporation (“PGE”); the Confederated Tribes of the Warm Springs Reservation of Oregon (the “Tribes”); the U.S. Department of the Interior (“DOI”), through the Bureau of Indian Affairs (“BIA”), the Bureau of Land Management (“BLM”), and the United States Fish and Wildlife Service (“USFWS”); National Marine Fisheries Service (“NOAA Fisheries”); United States Forest Service (“USFS”); Oregon Department of Environmental Quality (“ODEQ”); Oregon Department of Fish and Wildlife (“ODFW”); Oregon Water Resources Department (“OWRD”); Oregon Parks and Recreation Department (“OPRD”); Deschutes County, Oregon; Jefferson County, Oregon; City of Bend, Oregon; City of Madras, Oregon; City of Redmond, Oregon; Avion Water Company; American Rivers; Oregon Trout; The Native Fish Society; Trout Unlimited; and WaterWatch of Oregon; each referred to individually as a “Party” an...
