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.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a PartyProvider’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then the either Party not affected by Force Majeure shall be entitled to terminate the this Agreement upon ninety (90) days’ prior written notice to the affected other Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the this 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, including but not limited to Provider’s obligations to remove the System and restore the Premises as set forth herein), and Purchaser shall have no obligation to pay the provisions of Section 2.2 (Early Termination) shall be inapplicableTermination Fee.
Appears in 3 contracts
Samples: General Terms and Conditions, Confidential and Proprietary, Confidential and Proprietary
Termination in Consequence of Force Majeure Event. If a Force Majeure Event shall have occurred that has affected a PartyForeFront Power’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then the either Party not affected by Force Majeure shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to the affected other 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.
Appears in 2 contracts
Samples: Confidential and Proprietary, Energy Services Agreement – Solar
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 either Party not affected by Force Majeure shall be entitled to terminate the Agreement upon ninety (90) days’ prior written notice to the affected other 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.
Appears in 1 contract
Samples: Solar Power Services Agreement
Termination in Consequence of Force Majeure Event. If a Force Majeure Event other than a delay by the Local Electric Utility (that is not otherwise caused or incited by the conduct or actions of the affected Party) shall have occurred that has affected a PartyProvider’s performance of its obligations hereunder and that has continued for a continuous period of one hundred eighty (180) days, then the either Party not affected by Force Majeure shall be entitled to terminate the this Agreement upon ninety (90) days’ prior written notice to the affected other Party. If at the end of such ninety (90) day period such Force Majeure Event shall still continue, the this Agreement shall automatically terminate, unless the Parties provide written notice of their mutual intent to perform their obligations in accordance with this Agreement. Upon such termination for a such 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.
Appears in 1 contract
Samples: Confidential and Proprietary