Force Majeure Claim. Other than the Initial Project Approval Deadline which may not be extended due to an event of Force Majeure, if, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided: (a) the Claiming Party, no more than fourteen (14) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence; (b) the Claiming Party must provide timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this Agreement; (c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and (d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
Appears in 1 contract
Force Majeure Claim. Other than the Initial Project Approval Deadline which may not be extended due to an event of Force Majeure, ifIf, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only (except any failure to make payments when due for payment obligations that accrue prior to the Force Majeure event) to the extent so affectedit is unable to perform due to the Force Majeure; providedprovided that the Claiming Party satisfies the following conditions:
(a) the Claiming Party, no more than fourteen four (144) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence;
(b) the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this AgreementAgreement and that the Force Majeure prevents the Claiming Party from performing the obligations;
(c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and
(d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
Appears in 1 contract
Sources: Energy Storage Services Agreement
Force Majeure Claim. Other than the Initial Project Approval Deadline which may not be extended due to an event of Force Majeure, ifIf, because of a Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party (the “Claiming Party”) shall be excused from whatever performance is affected by the Force Majeure only (except any failure to make payments when due for payment obligations that accrue prior to the Force Majeure event) to the extent so affectedit is unable to perform due to the Force Majeure; provided:provided that the Claiming Party satisfies the following conditions:
(a) the Claiming Party, no more than fourteen four (144) days after the initial occurrence of the claimed Force Majeure, gives the other Party Notice describing the particulars of the occurrence;
(b) the Claiming Party must provide provides timely evidence reasonably sufficient to establish that the occurrence constitutes a Force Majeure as defined in this AgreementAgreement and that the Force Majeure prevents the Claiming Party from performing the obligations;
(c) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and
(d) as soon as the Claiming Party is able to resume performance of its obligations under this Agreement, it shall do so and shall promptly give the other Party Notice of this resumption.
Appears in 1 contract
Sources: Energy Storage Services Agreement