EXCUSABLE EVENTS. Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the non-performing party if the failure is occasioned by government or military action or inaction, war, terrorism, civil disturbance, fire, earthquake, explosion, flood, severe weather, strike or labor dispute, lockout, embargo, act of God, action or inaction by the other party, or any other cause beyond the reasonable control of the non-performing party (each, a “Force Majeure Event”), provided that the party claiming the Force Majeure Event has exerted all reasonable efforts to avoid or remedy such Force Majeure Event.
EXCUSABLE EVENTS. Neither Party shall be liable for any or all delay, or failure to perform the Agreement, that may be attributable to an event of force majeure, an act of God or an outside cause, such as defective functioning or interruptions of the electricity or telecommunications networks, network paralysis following a virus attack, intervention by government authorities, natural disasters, water damage, earthquakes, fire, explosions, strikes and labor unrest, war, etc.
EXCUSABLE EVENTS. If any Party is delayed in, or prevented from, performing or carrying out its obligations under this Contract by reason of any Excusable Event, such circumstance will not constitute an Event of Default, and such Party will be excused from performance hereunder and will not be liable to the other Party for or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention. Notwithstanding the foregoing, no Party will be excused from any payment obligations under this Contract as a result of an Excusable Event.
EXCUSABLE EVENTS. If ENGIE Services U.S. is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any Excusable Event, such circumstance will not constitute a default, and ENGIE Services U.S. will be excused from performing the M&V Services while such event is continuing. During such event, Projected Energy Savings for the month(s) in which such event is continuing will be used in lieu of actual data; provided that if three (3) or more years of post M&V Commencement Date data are available for such month(s), the historical average of such data for such month(s) will be used in lieu of Projected Energy Savings.
EXCUSABLE EVENTS. Seller shall not be liable or considered in breach of its obligations under this Contract to the extent that Seller’s performance is delayed or prevented, directly or indirectly, by any cause beyond its reasonable control, or by armed conflict, acts or threats of terrorism, epidemics, strikes or other labor disturbances, or acts or omissions of any governmental authority or of the Buyer or Buyer’s contractors or suppliers. If an excusable event occurs, Seller shall provide written notice to Buyer, and the schedule for Seller’s performance shall be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event.
EXCUSABLE EVENTS. 9.1 An excusable, justifiable or force majeure event is any event with the following characteristics: (i) hinders, delays or prevents Seller to comply with any of its obligations, where such event is not attributable to Seller; (ii) is beyond control and not the result of Seller’s fault or negligence, and (iii) despite the exercise of reasonable diligence, could not be prevented, avoided or removed.
EXCUSABLE EVENTS. BIL may stop or reduce the quantity of water, the daily quantities and/or the pressure rates at which water is delivered to the Customer upon the occurrence of any one or more of the following events:
EXCUSABLE EVENTS. To the extent that the O&M Contractor is prevented or delayed from performing the O&M Services as a result of an Excusable Event then the Project Company must provide appropriate relief to the O&M Contractor from those obligations of the O&M Contractor which it is unable to perform as a consequence of the Excusable Event (including where relevant, relief from its obligation to pay Availability Liquidated Damages or application of the Response Time Price Adjustment) to the extent that such Excusable Event was not caused or contributed by an act or omission of the O&M Contractor, the O&M Contractor Representative or any of their agents, personnel or subcontractors. The Project Company shall be relieved from its obligation to pay the relevant portion of the Contract Price in respect of any period during which the O&M Contractor is unable to perform its obligations as a result of an Excusable Event: which is outside the reasonable control of the Project Company; or to the extent that such Excusable Event is caused or contributed to by the act or omission of the O&M Contractor, in breach of its obligations under in this Agreement, save in relation to a Buyer Curtailment Period for which Clause 3.15(c) (Buyer Curtailment Period) shall apply. The O&M Contractor must notify the Project Company at the earliest possible opportunity of an Excusable Event. Such notice must as soon as practicable, detail the cause, anticipated duration, potential remedies for and estimated cost of the Excusable Event and the extent to which the obligations of the O&M Contractor are affected by it. The O&M Contractor must adopt, subject to the approval of the Project Company, all measures necessary to mitigate the effects of the Excusable Event and as appropriate, to allow the Operation of the Facility and resumption of O&M Services as soon as possible. For the avoidance of doubt, an Excusable Event will not relieve the O&M Contractor of its obligations to safeguard the Facility or the Site or to provide care and custody, unless such Excusable Event is also a Force Majeure Event affecting the O&M Contractor. Manufacturer Warranties [OPTION A – for use with Clause 3.9, where the O&M Contractor has Responsibility for all Spare Parts Included as part of the O&M Services] If identified as applicable in the Key Information Table, the Parties acknowledge and agree that to the extent that the Project Company has the benefit of any manufacturer and supply guarantees and warranties, the Project ...
EXCUSABLE EVENTS. The following Excusable Events shall entitle the O&M Contractor to relief from those obligations which it is unable to perform as a consequence of the Excusable Event and shall be excluded from the Availability calculation (i.e. treated as Texcluded [h]) or the application of the Response Time Price Adjustment, to the extent not caused or contributed to by the O&M Contractor, the O&M Contractor Representative or any of their agents, personnel or subcontractors: an act, omission or default of the Project Company or the Project Company Representative; the execution of work and services not forming part of this Agreement by persons employed by the Project Company or the Government on the Site; failure of the Project Company to provide access to the Site in accordance with Clause 5.1 (Access);56 or Buyer Curtailment Period; any other instruction issued by the Project Company or the Project Company Representative to stop or suspend the O&M Services; Force Majeure Event; Snow and ice on the Facility Modules; Sand on the Facility Modules; Damage to the Facility (including the cables up to the Delivery Point) by the Project Company or third parties who are not sub-contractors of the O&M Contractor; Ambient conditions (for example, air quality, temperature, humidity) outside permissible value ranges of inverters and transformers; Disconnection or reduction of Energy generation by the Project Company or as a result of an order issued to the Project Company by an Authority; Operational disruption by Grid disconnections or disruptions in the Grid by the Network Operator; Disconnections or Energy regulation by the Network Operator or his control devices; Downtimes resulting from failures of the inverter or MV components (for example, transformer, switchgear), if this requires technical support of the manufacturer; [Outages of the Monitoring System: Any failure time only begins to run when the O&M Contractor receives the error message. If the data connection to the Facility was not available, failure time shall only begin after re-establishment of the link;]57 Delays by the Project Company in procuring Spare Parts attributable to a Defect under the Supply Agreement or Installation Agreement before expiry of the Defects Warranty Period, pursuant to Clause 3.7 (Spare Parts relating to Defects before expiry of the Defects Warranty Period); Downtimes for implementation of measures to improve the Facility or during a Scheduled Outage, if this is agreed between the Parties; a...
EXCUSABLE EVENTS. 16 2.5.1 Adjustments in Schedule Because of................16
