Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following:
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure":
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement if, during the Delivery Term, Seller’s Force Majeure event has a duration of sixty (60) consecutive Delivery Days from the date of Seller’s Notice to Buyer pursuant to Section 8.1(b) (“Force Majeure Failure”).
Force Majeure Failure. Subject to Section Nine.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement if the Project is destroyed or rendered inoperable by an event of Force Majeure.
Force Majeure Failure. Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following: if after the Commercial Operation Date, the Project fails to deliver at least forty percent (40%) of the Contract Quantity (as may be adjusted pursuant to Sections 3.1(e)(ii) or 3.9(d)) to the Delivery Point for a period of twelve (12) consecutive rolling months following a Force Majeure event that materially and adversely impacts the Project (“Force Majeure Project Failure”); provided that: if the Project may be capable of resuming normal production, then Seller shall be entitled to an additional period of time (not to exceed six (6) months) to remedy the Force Majeure if within forty-five (45) days of receipt of Notice from Buyer that a Force Majeure Project Failure has occurred, Seller presents Buyer with a plan for mitigation of the effect of the Force Majeure which plan is commercially reasonable and satisfactory to Buyer, as evidenced by Buyer’s written acknowledgement of such plan, and Seller diligently pursues such mitigation plan throughout said additional period; or if the Project is destroyed or rendered inoperable by a Force Majeure caused by a catastrophic natural disaster, upon Buyer’s written request to Seller, Seller shall have not more than ninety (90) days to retain an independent, third party engineer to determine whether the Project is capable of being repaired or replaced within twenty-four (24) additional months and provide Buyer a copy of the engineer’s report, at no cost to Buyer. if prior to the Construction Start Date or Commercial Operation Date, as applicable, Seller is unable, due solely to a Force Majeure event, to achieve the Construction Start Date or place the Project into Commercial Operation by either of the Guaranteed Milestones, after applicable extensions or cure periods have run, as set forth in Sections 3.9(c)(iii) and (iv) (in either case a “Force Majeure Development Failure”); provided that in the event of a Force Majeure caused by a catastrophic natural disaster, upon Buyer’s written request to Seller, Seller shall have not more than ninety (90) days to retain an independent, third party engineer to determine whether the Project is capable of being repaired or replaced within twenty-four (24) additional months and provide Buyer a copy of the engineer’s report, at no cost to Buyer.
Force Majeure Failure. Subject to Section Eight.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure": if during any Delivery Term in excess of twenty-four (24) Contract Months, the amount of Product delivered from the Project, as demonstrated by the Confirmed Quantity, averages less than seventy percent (70%) of the Payment Quantity over a rolling twenty-four (24) month period for any reason; or if the Project is destroyed or rendered inoperable by an event of Force Majeure.
Force Majeure Failure. Subject to Section 9.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”:
Force Majeure Failure. Subject to Section 8.1(a), Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure” if during the Delivery Term: the Distribution Service performance for any calendar year during the Delivery Term averages less than (XX%) for any reason; or the Project is destroyed or rendered inoperable by an event of Force Majeure.
Force Majeure Failure. Subject to Section Nine.1(a), CPE shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”: if the Project is destroyed or rendered inoperable by an event of Force Majeure; or if Provider is unable, due solely to a Force Majeure event, to achieve the Initial Shown Date by one hundred eighty (180) days after the Expected Initial Shown Date.
Force Majeure Failure. Upon Notice of termination, effective as of the termination date specified in such Notice of termination, if any Force Majeure Event lasting longer than ten (10) consecutive business days substantially prevents, hinders or delays Vendor’s performance of any of the Services.
