Common use of Effect of Force Majeure; Excused Performance Clause in Contracts

Effect of Force Majeure; Excused Performance. If Contractor’s performance hereunder is wholly or partially prevented due to the occurrence of a Force Majeure affecting Contractor and such Force Majeure has caused an extension of the Schedule, Contractor shall provide to Owner a written description of Contractor’s plan to make-up Day(s) lost under the Schedule due to the occurrence of such Force Majeure, including an estimate of the costs of such plan. In the event of the occurrence of a Force Majeure, Contractor shall be entitled to a Change Order for adjustments in the Schedule and other such parts of the Contract, including additional compensation in accordance with Exhibit C, as may be affected by such Force Majeure; To the extent that Owner desires to pay for the costs of acceleration of the Work or change to the Schedule set forth in Contractor’s proposal in order to compensate for delays in the Work caused by such Force Majeure, Owner shall authorize a Change Order adjusting the Schedule and authorizing additional compensation in accordance with Exhibit C. Except for the obligations of either Party to make any required payment then due and owing under this Contract, if either Party is rendered wholly or partially unable to perform its obligations under this Contract because of a Force Majeure, then such Party’s obligations that are so affected shall be excused and suspended to the extent and during the continuance of the Force Majeure. If the Force Majeure continues for forty-five (45) consecutive days or more, this Contract may be terminated by either Party pursuant to Section 17.3. This Section is subject to and conditioned upon the following:

Effect of Force Majeure; Excused Performance. If Contractor’s performance hereunder is wholly or partially prevented due to the occurrence of a Force Majeure affecting Contractor and such Force Majeure has caused an extension of the Guaranteed Substantial Completion Date or any other date under the Schedule, EXECUTION COPY Contractor shall provide to Owner Company a written description of Contractor’s plan to make-up Day(s) Days lost under the Schedule due to the occurrence of such Force Majeure, including an estimate of the costs of such plan. In the event of the occurrence of a Force Majeure, Contractor shall be entitled to a Change Order for adjustments pursuant to this Article 8 in the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date) and other such parts of the Contract, including additional compensation in accordance with Exhibit C, Contract as may be affected by such Force Majeure; provided, however, that there shall be no adjustment in the Contract Price for the first two (2) events of Force Majeure declared by a Party or any event of Force Majeure that arises from a failure of Contractor’s vendor, Ormat Systems Ltd., to timely perform its obligations that are being performed outside of the United States of America under its OEC supply agreement with Contractor. To the extent that Owner Company desires to pay for the costs of acceleration of the Work or change to the Schedule (including the Guaranteed Substantial Completion Date and the Guaranteed Final Completion Date) set forth in Contractor’s proposal in order to compensate for delays in the Work work caused by such Force Majeure, Owner Company shall authorize a Change Order increasing the Contract Price and adjusting the Schedule and authorizing additional compensation (in accordance addition to any automatic adjustments of the Guaranteed Substantial Completion Date). To the extent Contractor (a) is compensated for the effect of a Force Majeure by insurance maintained pursuant to this Contract, or (b) would have been so compensated, but for Contractor’s failure to provide such insurance as required under this Contract, Contractor shall not be entitled to a Change Order to the Contract Price in connection with Exhibit C. such Change Order issued for such Force Majeure. Except for the obligations of either Party to make any required payment then due and owing under this Contract, if either Party is rendered wholly or partially unable to perform its obligations under this Contract because of a Force Majeure, then such Party’s obligations that are so affected shall be excused and suspended to the extent and during the continuance of the Force Majeure. If the Force Majeure continues for forty-five six (456) consecutive days months or more, this Contract may be terminated by either Party pursuant to Section 17.319.3. This Section 8.6 is subject to and conditioned upon the following:

Effect of Force Majeure; Excused Performance. If Contractor’s performance hereunder is wholly or partially prevented due to the occurrence of a Force Majeure affecting Contractor and such Force Majeure has caused an extension of the Guaranteed Final Completion Date or any other date under the Schedule, Contractor shall provide to Owner Company a written description of Contractor’s plan to make-up Day(s) Days lost under the Schedule due to the occurrence of such Force Majeure, including an estimate of the costs of such plan. In the event of the occurrence of a Force Majeure, Contractor shall be entitled to a Change Order for adjustments pursuant to this Article 8 in the Schedule (including the Guaranteed Final Completion Date) and other such parts of the Contract, including additional compensation in accordance with Exhibit C, Contract as may be affected by such Force Majeure; provided, however, that there shall be no adjustment in the Contract Price for events of Force Majeure declared by a Party. To the extent that Owner Company desires to pay for the costs of acceleration of the Work or change to the Schedule (including the Guaranteed Final Completion Date) set forth in Contractor’s proposal in order to compensate for delays in the Work work caused by such Force Majeure, Owner Company shall authorize a Change Order increasing the Contract Price and adjusting the Schedule and authorizing additional compensation (in accordance with Exhibit C. addition to any automatic adjustments of the Guaranteed Final Completion Date). Except for the obligations of either Party to make any required payment then due and owing under this Contract, if either Party is rendered wholly or partially unable to perform its obligations under this Contract because of a Force Majeure, then such Party’s obligations that are so affected shall be excused and suspended to the extent and during the continuance of the Force Majeure. If the a Force Majeure affecting the Contractor continues for forty-five two (452) consecutive days months or more, or if a Force Majeure affecting the Company continues for six (6) consecutive months or more, this Contract may be terminated by either Party pursuant to Section 17.319.3. This Section 8.6 is subject to and conditioned upon the following: