Persistent Force Majeure Event Clause Samples

Persistent Force Majeure Event. If the Force Majeure Event affecting the supply of Delivered Energy and/or Environmental Attributes is material and prevents the supplier from delivering Delivered Energy and Environmental Attributes for a period of more than eighteen (18) consecutive months and Seller has not been able to arrange for a substitute source or sources of energy and Environmental Attributes acceptable to both Parties, either Party may terminate this Agreement; provided, however, either Party shall have the right to extend such eighteen (18) month period by an additional six (6) months if the Force Majeure Event can be corrected through repair, restoration or other action or effort by either Party, and that Party shall have furnished to the other Party a reasonably acceptable proposal or plan for such repair, restoration or other action or effort before the expiration of the eighteen (18) month period and is diligently pursuing such proposal or plan. Neither Party shall be liable for such termination.