Common use of Uncontrollable Force Clause in Contracts

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx CapacityCapacity and, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21) of this Contract, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy Capacity and Xxxxxx C Energy during any Billing Period monthly billing period as provided in Section 11(f), or make any payment required under Section 218(f) of this Contract, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer party shall be considered to be in default in respect the performance of any obligations under this Agreement when a failure of performance shall be due to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “"uncontrollable force” means any cause beyond " as used in this Agreement, shall mean an unanticipated event which is not reasonably within the control of the affected party affectedand which by exercise of reasonable due diligence, including but such affected party could not restricted toreasonably have been expected to avoid, failure of overcome or threat of failure of facilitiesobtain or cause to be obtained a commercially reasonable substitute therefor. Such causes may include, without limitation, the following: flood, earthquake, tornado, storm, fire, lightningexplosion, epidemic, war, riotpublic emergency, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority (whether valid or invalid), and action or nonaction by, non-action by or failure inability to obtain or keep the necessary authorizations or approvals from, from any governmental agency or authority; however, no party shall be relieved of its obligations hereunder, if its failure of performance is due to removable or remediable causes which by exercise of due diligence such party could not reasonably have been expected fails to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require remove or remedy using commercially reasonable efforts within a party to settle any strike or labor dispute in which it may be involvedreasonable time period. Either party rendered unable to fulfill any of its obligations under the contract this Agreement by reason of an uncontrollable force shall give prompt written notice of such fact to the other party other, followed by written confirmation of notice, and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21) of this Contract, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy Capacity and Xxxxxx C Energy during any Billing Period monthly billing period as provided in Section 11(f), or make any payment required under Section 217(f) of this Contract, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. [Drafting Note: “uncontrollable force” definition subject to change based upon Boulder Canyon Project Agreement negotiations with Western and Reclamation.]

Uncontrollable Force. Neither the Authority nor the Customer Party shall be considered to be in default in respect to the performance of any obligation hereunder, of its obligations under this Agreement (other than the obligation obligations to make payments pursuant to this Agreement) when failure of the Customer performance shall be due to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “"uncontrollable force” " means any cause beyond the control of the party affectedParty failing to perform including, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, lightning, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority authority, and action or nonaction non-action by, or failure inability to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to has not overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party Party rendered unable to fulfill any of its obligations under the contract this Agreement by reason of an uncontrollable force shall give prompt written notice of such fact to the other party Party and an estimate of the duration of the Uncontrollable Force and shall exercise due diligence to remove such inability with all reasonable dispatchliability. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy Capacity and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21) of this Contract, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), ) of this Contract or make any payment required under Section 21, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.