Satisfaction of Certain Conditions. Section 21.5 (Guaranteed Project Milestones Including Commercial Operations), Section 21.6 (Termination for Force Majeure)and Section 21.7 (Effect of Force Majeure) defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied: the Non-performing Party gives the other Party, within five (5) Days after the Non-performing Party becomes aware or should have become aware of the Force Majeure condition or event, but in any event no later than thirty (30) Days after the Force Majeure condition or event begins, written notice (the "Force Majeure Notice") stating that the Non-performing Party considers such condition or event to constitute Force Majeure and describing the particulars of such Force Majeure condition or event, including the date the Force Majeure commenced; the Non-performing Party gives the other Party, within fourteen (14) Days Force Majeure Notice was or should have been provided, a written explanation of the Force Majeure condition or event and its effect on the Non-performing Party's performance, which explanation shall include evidence reasonably sufficient to establish that the occurrence constitutes Force Majeure; the suspension of performance is of no greater scope and of no longer duration than is required by the condition or event of Force Majeure; the Non-performing Party exercises commercially reasonable efforts to remedy its inability to perform and provides written weekly progress reports to the other Party describing actions taken to end the Force Majeure; and when the condition or event of Force Majeure ends and the Non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect.
Satisfaction of Certain Conditions. Section 21.4 (In- Service Date), Section 21.5 (Events of Default)and Section 21.6 (Effect of Force Majeure)defer or limit certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions or events of Force Majeure; provided, however, that a Non-performing Party is only entitled to such limitations or deferrals of liabilities as and to the extent the following conditions are satisfied:
Satisfaction of Certain Conditions. The parties acknowledge and agree that the conditions to the obligations of Parent and each Investor to consummate the transactions contemplated by the Merger Agreement set forth in Sections 5.2(j) and (k) have been satisfied.
Satisfaction of Certain Conditions. The conditions set forth in Sections 3.01(c), 3.01(d) and 3.01(e) shall be satisfied on and as of the Closing Date as if such date were a Funding Date.
Satisfaction of Certain Conditions. The conditions set forth in Sections 3.2.3., 3.2.4. and 3.2.5. shall be satisfied on and as of the Closing Date as if such date were a Funding Date.
Satisfaction of Certain Conditions. Subject to Article 11 (Construction Period and Milestones), Section 17.5 (Termination for Force Majeure) and Section 17.6 (Effect of Force Majeure), if, because of Force Majeure, either Party is unable to perform its obligations under this Agreement, such Party shall be excused from whatever performance is affected by the Force Majeure only to the extent so affected; provided:
Satisfaction of Certain Conditions. Section 11.1(G) (Effect on Performance) excuses certain liabilities of a Party for delay and/or failure in performance to the extent such delay or failure is the result of conditions, acts or events of Force Majeure; provided, however, that a non-performing Party is only entitled to Force Majeure to the extent the following conditions are satisfied:
Satisfaction of Certain Conditions. Buyer hereby acknowledges that the contingencies described in sections 7.2 and 7.3, have been satisfied and it no longer has any rights to terminate the Agreement based on those sections.
Satisfaction of Certain Conditions. The conditions set forth in Sections 2.2(b) and 2.2(c) shall be satisfied on and as of the Closing Date as if such date were a Funding Date.
Satisfaction of Certain Conditions. As of the date hereof, the Company knows of no reason why the opinion referred to in Section 8.03(h) hereof cannot be given at the time provided in such sections.
