Common use of Extended Force Majeure Clause in Contracts

Extended Force Majeure. In the event an event of Force Majeure hereunder or under any of the Related Agreements continues for thirty (30) days or more, then Owner shall have the right, upon delivery of thirty (30) days advance written notice to Operator, to cause Operator to de-mobilize, and effective thirty (30) days after Operator's receipt of such notice, Owner shall be permanently relieved of the obligation to make payment of the O&M Fee to Operator for those months during such extended event of Force Majeure that Operator is de-mobilized. Owner shall pay all costs and expenses incurred in connection with de-mobilization and re-mobilization to the extent such costs and expenses are approved in writing by Owner. In addition, if such de-mobilization continues for a period of one hundred eighty (180) or more consecutive days then Owner may terminate Agreement by delivering written notice of termination to Operator, such termination to be effective no earlier than thirty (30) days after Operator's receipt of such notice.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (East Coast Power LLC)

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Extended Force Majeure. In the event an event of Force Majeure ---------------------- hereunder or under any of the Related Agreements continues for thirty (30) days or more, then Owner shall have the rightfight, upon delivery of thirty (30) days advance written notice to Operator, to cause Operator to de-mobilizemobilized, and effective thirty (30) days after Operator's receipt of such notice, Owner shall be permanently relieved of the obligation to make payment of the O&M Fee to Operator for those months during such extended event of Force Majeure that Operator is de-mobilized. Owner shall pay all costs and expenses incurred in connection with de-mobilization and re-mobilization to the extent such costs and expenses are approved in writing by Owner. In addition, if such de-mobilization continues for a period of one hundred eighty (180) or more consecutive days days, then Owner may terminate this Agreement by delivering written notice of termination to Operator, such termination to be effective no earlier than thirty (30) days after Operator's Operators receipt of such notice.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)

Extended Force Majeure. In the event an event of Force Majeure hereunder or under any of the Related Agreements continues for thirty (30) days or more, then Owner shall have the right, upon delivery of thirty (30) days advance written notice to Operator, to cause Operator to de-mobilize, and effective thirty (30) days after Operator's receipt of such notice, Owner shall be permanently relieved of the obligation to make payment of the O&M Fee to Operator for those months during such extended event of Force Majeure that Operator is de-mobilized. Owner shall pay all costs and expenses incurred in connection with de-mobilization and re-mobilization to the extent such costs and expenses are approved in writing by Owner. In addition, if such de-mobilization continues for a period of one hundred eighty (180) or more consecutive days days, then Owner may terminate this Agreement by delivering written notice of termination to Operator, such termination to be effective no earlier than thirty (30) days after Operator's receipt of such notice.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)

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Extended Force Majeure. In the event an event of Force Majeure hereunder or under any of the Related Agreements continues for thirty (30) days or more, then Owner shall have the right, upon delivery of thirty (30) days advance written notice to Operator, to cause Operator to de-mobilize, and effective thirty (30) days after Operator's receipt of such notice, Owner shall be permanently relieved of the obligation to make payment of the O&M Fee to Operator for those months during such extended event of Force Majeure that Operator is de-mobilizeddemobilized. Owner shall pay all costs and expenses incurred in connection with de-mobilization and re-mobilization to the extent such costs and expenses are approved in writing by Owner. In addition, if such de-mobilization continues for a period of one hundred eighty (180) or more consecutive days days, then Owner may terminate this Agreement by delivering written notice of termination to Operator, such termination to be effective no earlier than thirty (30) days after Operator's receipt of such notice.

Appears in 1 contract

Samples: Operation and Maintenance Agreement (Cogen Technologies Inc)

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