Force Majeure Delay. If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date because of a Force Majeure event, Seller is not responsible for paying Delay Damages for the period extending to the first day following a day-for-day extension of the same duration as the Force Majeure event.
Force Majeure Delay. The occurrence of an event of Force Majeure (as defined in Clause 49 (FORCE MAJEURE) shall excuse the performance by that Party for a period equal to the prevention, delay or stoppage (except the obligations imposed with regard to the payment of Rent and other sums to be paid by County pursuant to this Lease), provided the affected Party gives the other Party notice within thirty (30) days of the event causing the prevention, delay or stoppage.
Force Majeure Delay. A delay to the development of a Lot Under Development or a delay to the construction of a Dwelling which is caused by fire, earthquake or other Acts of God, strike, lockout, acts of public enemy, riot, insurrection, or governmental regulation of the sale or transportation of materials, supplies or labor, provided that the Borrower furnishes the Administrative Agent with written notice of any such delay within ten (10) days from the commencement of any such delay and provided that the period of the Force Majeure Delay shall not exceed the period of delay caused by such event.
Force Majeure Delay. If Provider has not achieved the Initial Shown Date as of the Expected Initial Shown Date because of a Force Majeure event affecting the Project, Provider is not responsible for paying Delay Damages for the period extending to the first day following a day-for-day extension of the same duration as the Force Majeure event. Article Three SHOWING COMMITMENT OBLIGATION Three.1Showing Quantity .
(a) Provider shall commit to CPE the Showing Quantity, which must be exclusively from the Project, during the applicable Contract Month (as set forth on Appendix B) for CPE’s exclusive use of the Showing Quantity towards its Compliance Obligations. Neither the Showing Quantity nor the Showing Commitment shall confer to CPE any rights to dispatch or receive Energy or Ancillary Services from the Project.
(b) If the CPUC or the CAISO reduces the Net Qualifying Capacity of the Project (“NQC Reduction”) for any Showing Year or Showing Month based on a change in the methodology for capacity counting rules in the Qualifying Capacity Methodology Manual or the CAISO Tariff, then Provider has the option to reduce the Showing Quantity by the amount of the NQC Reduction for the affected Showing Year or Showing Month. Provider shall give Notice to CPE of any such NQC Reduction no later than fifteen (15) Business Days before the relevant deadlines under the CAISO Tariff and the CPUC Filing Guide for the corresponding Compliance Showing, which Notice shall set forth the Showing Quantity for each Showing Year and Showing Month affected by such NQC Reduction. Upon CPE’s receipt and approval of such Notice, Appendix B shall be deemed to have been updated to reflect the Showing Quantity set forth in such Notice.
Force Majeure Delay. Neither party will be responsible for delays in performance caused by acts of God or governmental authority, strikes or labor disputes, fires or other loss of manufacturing facilities, breach by suppliers of supply agreements, or any other cause beyond the reasonable control of that party.
Force Majeure Delay. The Term shall also be extended by Force Xxxxxxx Xxxxx as provided herein. If any Party to this Agreement is prevented by Force Xxxxxxx Xxxxx from performing its obligations under this Agreement, then on the condition that (a) the Party claiming the benefit of said Force Majeure Delay did not cause or contribute to said Force Xxxxxxx Xxxxx and (b) said Force Xxxxxxx Xxxxx was beyond said Party's reasonable control, the time for performance by said Party of its obligations under this Agreement shall be extended by a number of days equal to the number of days that said Force Majeure Delay continued in effect, or by the number of days it reasonably takes to repair or restore the damage caused by such Force Majeure Delay to the condition which existed prior to the occurrence of said event(s), whichever is longer, or longer as the Parties may mutually agree. Where there is an event of Force Majeure Delay, the Party prevented from or delayed in performing its obligations under this Agreement must notify the other Party in writing within thirty (30) calendar days from the date on which it becomes aware, or should be aware utilizing reasonable diligence, of such Force Majeure Delay giving such particulars of the event of Force Majeure Delay as are then reasonably known and that are preventing said Party from, or delaying said Party in, performing its obligations under this Agreement. Except as otherwise specifically set forth in this Agreement, all time periods under this Agreement relating to non-monetary obligations under this Agreement, including but not limited to the Term, shall be extended for Force Majeure Delay in accordance with this Section, such that no Party shall be in default for an excused Force Majeure Delay.
Force Majeure Delay. The term “Force Majeure Delay” as used in the Lease or this Agreement shall mean any actual delay in the design and construction of the Tenant Improvements and the move into the Premises which is attributable to any: (1) actual delay or failure to perform attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of a public enemy, war, bioterrorism, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; (2) delay attributable to the failure of Landlord and/or Tenant to secure building permits and approvals within the same time period that normally prevailed for obtaining such permits at the time this Lease was negotiated; (3) delay in completing the Final Plans (as defined in Exhibit “D”) and/or the construction of the Tenant Improvements because of changes in any applicable laws, including, without limitation, the Americans with Disabilities Act (the “ADA”), or the interpretation thereof; (4) delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other similar industry-wide cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives; (5) other natural disaster, unusual and unforeseeable delay that results from an interruption of any public utilities; or (6) other unusual and unforeseeable delay not within the reasonable control of Landlord.
Force Majeure Delay. If Seller has not achieved the Initial Delivery Date as of the Expected Initial Delivery Date because of a Force Majeure event, Seller is not responsible for paying Delay Damages for the period extending to the first day following a day-for-day extension of the same duration as the Force Majeure event. Article Three TRANSACTION Three.1Product . Seller shall provide Buyer the Contracted Quantity [,which shall be the percentage of all Capacity Attributes that may be calculated or derived from the Operational Characteristics, and]1 which must be exclusively from the Project (“Product”) during the applicable Contract Month as set forth in Appendix II. [Operational Characteristics shall not be modified during the Term.]2 Product does not confer to Buyer any right to dispatch or receive Energy or Ancillary Services from the Project.
Force Majeure Delay. The term "
Force Majeure Delay. Neither party will be responsible to the other for its failure to perform on time when such failure is due to causes beyond the party’s reasonable control such as acts of God, fire, theft, war, riot, embargoes, or acts of civil or military authorities. If Consultant’s services are delayed by such contingencies, Consultant will immediately notify the City in writing and the City may either (1) extend time of performance, or (2) terminate the uncompleted portion of Consultant’s services at no cost to the City.
