Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a Party’s performance of its obligations hereunder and that Force Majeure Event has continued for a period of three hundred sixty-five (365) consecutive days, then the non-affected Party shall be entitled to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. If at the end of such thirty (30) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other. By mutual agreement of the Parties, the System damaged or destroyed by a Force Majeure Event may be replaced by Owner within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect. Notwithstanding any other provision hereunder to the contrary, following the conclusion or resolution of any Force Majeure Event, the parties agree that to the extent possible, the Term of this Agreement shall be extended as necessary to preserve the rights, obligations and economic benefits of Owner and Utility hereunder. If during a Budget Non-Appropriation Event, Utility continues to receive Energy and Environmental Attributes from Owner, then upon the conclusion of such event, Utility shall pay for such Energy and Environmental Attributes.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected Provider’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then Purchaser shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Provider. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than Provider’s obligation to remove said system in accordance with Section 2.5 and any such liabilities that have accrued prior to such termination), and the provisions of Section 2.2 (Early Termination) shall be inapplicable.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a Party’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then the Party not affected by Force Majeure shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to the affected Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination), and the provisions of Section 2.2 (Early Termination) shall be inapplicable.
Termination in Consequence of Force Majeure Event. 11.3.1 If a Force Majeure Event shall have occurred that has materially affected Supplier’s performance of its obligations to provide the Solar Services hereunder and shall have continued for a period of at least sixty (60) days, then Host shall be entitled to terminate this Agreement upon thirty (30) days’ written notice to Supplier. If at the end of such thirty (30) day period such Force Majeure Event shall still be continuing, this Agreement shall automatically terminate. Upon such termination, neither Party shall have any liability to the other, subject to Section 18.4 (Survival).
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected Operator’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then Subscriber shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Operator. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other.
Termination in Consequence of Force Majeure Event. (a) If a Force Majeure Event shall have occurred that has materially affected Nexamp’s performance of its obligations to provide the Solar Services hereunder and shall have continued for a period of at least onehundred twenty (120) days, then Host shall be entitled to terminate this Agreement upon thirty (30) days’ written notice to Nexamp. The Host mayinclude in such notice its election to exercise its purchase option under Section 2.2 to acquire the System. If at the end of such thirty (30) day period such Force Maj euxx Xvent shall still be continuing, this Agreement shall automatically terminate. Upon such termination, neither Party shall have any liability to the other, subject to Section 20.5 (Survival). (b) Upon the cessation of a Force Maj euxx Xvent, the Parties shall continue to perform their respective obligations under this Agreement. Notwithstanding the foregoing, ifthe System is damaged or destroyed by a Force Maj euxx Xvent and Nexamp provides written notice to Host that it intends to rebuild the System, then Nexamp may, at its sole cost and expense, rebuild or fix the System unless Host elects to not repair, restore or rebuild the Site or License Area in accordance with Section 9.1(d). Subsequent to replacement and commencement of operation of the replacement System, all terms and conditions of this Agreement will remain in effect including the remaining term ofthis Agreement; provided, that Nexamp must have made good faith efforts to order replacement panels and other necessary equipment within ninety (90) days of the completion ofthe Force Majeure Event. (c) Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach of this Agreement (other than of a provision that requires payment of money) ifand to the extent that any failure or delay in such Parties’ performance of one or more of its obligations hereunder is attributable to the occurrence of a Force Maj euxx Xvent; provided, that the Party claiming a Force Maj euxx Xvent shall (a) notify the other Party in writing ofthe existence ofthe Force Maj euxx Xvent, (b) promptly exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, and (c) notify the other Party in writing ofthe cessation or termination of said Force Maj euxx Xvent; and (d) resume performance of its obligations hereunder as soon as practicable thereafter. Notwithstanding anything in this Agreement to the contrary, if Nexamp claims relief pur...
Termination in Consequence of Force Majeure Event. (a) If a Force Majeure Event shall have occurred that has materially affected Provider’s performance of its obligations hereunder or has reduced the System production for any six (6) months within a consecutive twelve
Termination in Consequence of Force Majeure Event. If a Force Majeure Event, other than a Non-Appropriation Event, shall have occurred that has affected Provider’s performance of its obligations hereunder and that has continued for a period of one hundred twenty (120) consecutive days in a twelve-month period or one hundred eighty (180) days in the aggregate in a twelve-month period, then State Purchaser shall be entitled to terminate this Agreement upon thirty (30) days’ prior written notice to Provider. If at the end of such thirty (30) day period such Force Majeure Event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other. By mutual agreement of the Parties, the System damaged or destroyed by a Force Majeure Event may be replaced by Provider within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect, including the remaining Term of this Agreement.
Termination in Consequence of Force Majeure Event. If the System is substantially damaged or destroyed by a Force Majeure Event, it may be replaced by Provider at Provider’s election and, upon commencement of commercial operations of the replacement system, all of the terms and conditions of this Agreement shall remain in effect, other than the Expiration Date, which shall be extended on a day for day basis for each day between the initial occurrence of the Force Majeure event and the date on which commencement of commercial operations of the replacement system occurs. Alternatively, if the System is substantially damaged or destroyed by a Force Majeure Event, Provider may, elect to terminate this Agreement, which shall be without fault or liability by either Party.
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has prevented Seller from performing all of its material obligations hereunder and that has continued for a continuous period of three hundred sixty-five (365) days, then Buyer shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to Seller. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the Agreement shall automatically terminate. Upon such termination for a Force Majeure Event, neither Party shall have any liability to the other (other than any such liabilities that have accrued prior to such termination). If at the end of such ninety (90) day period such Force Majeure Event is no longer continuing, the Agreement shall remain in full force and effect, and Buyer’s notice shall be deemed to have been withdrawn.
