Common use of Uncontrollable Force Clause in Contracts

Uncontrollable Force. Neither party shall be considered to be in default in the performance of any of its obligations under this Agreement when a failure of performance, including any temporary curtailment or interruption of service by Calpine, shall be due to an Uncontrollable Force. An Uncontrollable Force is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party to perform, which could not reasonably have been avoided by such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wells, machinery, equipment or lines of pipe), flood, earthquake, sto▇▇, ▇ire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing steam to the Geyser Units, and neither Calpine nor it▇ ▇▇▇iliates shall have any obligation here under to rework or redrill any existing steam wells or to drill new steam wells to maintain an adequate quantity of ▇▇▇▇m to maintain any level ▇▇ ▇lectric energy output. In the event a party is rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force, such party shall give prompt written notice of such fact to the other party. A party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall exercise due diligence to remove such inability with all reasonable dispatch. Nothing contained herein shall be construed so as to require a party to settle any strike or labor dispute in which it may be involved nor to relieve a party from an obligation to pay amounts otherwise owned pursuant to this Agreement.

Uncontrollable Force. Neither party shall be considered to be in default in the performance of any of its obligations under this Agreement when a failure of performance, including any temporary curtailment or interruption of service by Calpine, shall be due to an Uncontrollable Force. An Uncontrollable Force is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party to perform, which could not reasonably have been avoided by such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wellswel▇▇, machinery▇achinery, equipment or lines of pipe), flood, earthquake, sto▇▇storm, ▇irefire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing wel▇▇ ▇▇oviding steam to the Geyser Units, and neither Calpine nor it▇ ▇▇▇iliates its affiliates shall have any obligation here under to rework or redrill any existing steam wells or wel▇▇ ▇▇ to drill new steam wells to wel▇▇ ▇▇ maintain an adequate quantity of ▇▇▇▇m steam to maintain any level ▇▇ ▇lectric of electric energy output. In the event a party is rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force, such party shall give prompt written notice of such fact to the other party. A party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall exercise due diligence to remove such inability with all reasonable dispatch. Nothing contained herein shall be construed so as to require a party to settle any strike or labor dispute in which it may be involved nor to relieve a party from an obligation to pay amounts otherwise owned pursuant to this Agreement.

Uncontrollable Force. Neither (a) Provided that notice is given as required in subsection (b) below, a party shall not be considered to be in default in the performance of with respect to any of its obligations obligation under this Agreement when a failure of performance, including any temporary curtailment or interruption of service by Calpine, shall be (other than an obligation to pay sums due to an Uncontrollable Force. An Uncontrollable Force and other than as provided in (d) below) if it is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party to perform, which could not reasonably have been avoided by prevented from fulfilling such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wells, machinery, equipment or lines of pipe), flood, earthquake, sto▇▇, ▇ire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing steam to the Geyser Units, and neither Calpine nor it▇ ▇▇▇iliates shall have any obligation here under to rework or redrill any existing steam wells or to drill new steam wells to maintain an adequate quantity of ▇▇▇▇m to maintain any level ▇▇ ▇lectric energy output. In the event a party is rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force, such party shall give prompt written notice of such fact to the other party. A party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force for a period of up to six (6) months in length. The term "Uncontrollable Forces" shall be deemed for the purposes of this Agreement to mean storm, tornado, flood, lightning, earthquake, fire, explosion, civil disturbance, acts of God, sabotage, war, national emergency or restraint by a court or public authority, which such party could not reasonably have been expected to avoid by exercise of due diligence and foresight. Uncontrollable Forces shall also include delays in receipt of generator rotor, generator stator, main power transformer or steam turbine caused by damage or loss in shipping. The failure of a party's facilities which is caused by an act or event other than storm, tornado, flood, lightning, earthquake, fire, explosion, civil disturbance, acts of God, sabotage, or war, is not an "uncontrollable force". The term "Uncontrollable Forces" does not include changes in market conditions, including but not limited to changes that affect the cost or availability of Cogenerator's supply of fuel or alternate supplies of fuel. A party shall exercise due diligence to remove such inability any disability to its performance caused by Uncontrollable Forces with all reasonable dispatchpromptness. Nothing contained herein After a party's failure to perform due to an Uncontrollable Force has continued for six (6) months, then the Uncontrollable Force shall cease to excuse the failure to perform, and the party failing to perform shall thereafter be construed so as to require a party to settle any strike or labor dispute in which it may be involved nor to relieve a party from an obligation to pay amounts otherwise owned pursuant to default of this Agreement. (b) A party may not assert an Uncontrollable Force as an excuse for a default unless the party suffering the Uncontrollable Force notifies the other party in writing within fourteen (14) days after the commencement of the failure or inability to perform which was caused by the Uncontrollable Force. The notice shall specify the nature of the Uncontrollable Force and the date of its commencement. (c) If Cogenerator is prevented from performance by breakdown or malfunction of equipment requiring replacement of a generator stator, generator rotor, main power transformer or steam turbine, Cogenerator may so advise Company within the time limits specified in Subsection (b). If Company agrees on the need for such replacement so that Cogenerator may perform under this Agreement, then the equipment breakdown or malfunction shall be deemed to have been caused by Uncontrollable Force. If Company does not agree, the question of the need for such replacement may be submitted to arbitration under Article XIX, by request made within 45 days after date of notice given pursuant to Subsection (b). If Cogenerator believes that replacement of the rotor, stator or transformer cannot be completed within six (6) months, Cogenerator may so notify Company in writing, and the parties will negotiate in good faith to extend the six (6) month period set out in (a) above for the time necessary to make the replacement, but not to exceed eighteen (18) months. If no agreement is reached within thirty (30) days after the written notice, then either party may submit the issue of the length of time necessary to make the replacement to binding arbitration under Article XIX by request made within 45 days of the date of Cogenerator's notice that replacement will require more than six months, but under no circumstances shall the six (6) month period under (a) above be extended to greater than eighteen (18) months. (d) If Cogenerator shall violate Section 5.08(b), Company may exercise the rights afforded in Section 5.08(c) and (d) even though Cogenerator's violation is the result of Uncontrollable Force.

Uncontrollable Force. Neither ColumbiaGrid nor any Order 1000 Party shall be in breach of this Order 1000 Agreement as a result of such party’s failure or delay to perform its obligations under this Order 1000 Agreement when such failure is caused by an Uncontrollable Force that such party, despite the exercise of due diligence, is unable to remove with reasonable dispatch; provided however that such party shall be considered have the right to be in default in suspend performance of such obligations only to the extent and for the duration that the Uncontrollable Force actually and reasonably prevents the performance of such obligations by such party. In the event of the occurrence of an Uncontrollable Force that delays or prevents a party’s performance of any of its obligations under this Order 1000 Agreement, such party shall (i) immediately notify the other parties to this Order 1000 Agreement when a failure of performancesuch Uncontrollable Force with such notice to be confirmed in writing as soon as reasonably practicable, including any temporary curtailment or interruption (ii) use due diligence to mitigate the effects of service by Calpine, shall be due to an such Uncontrollable Force. An Uncontrollable Force is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party remedy its inability to perform, which could not reasonably have been avoided by such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wells, machinery, equipment or lines of pipe), flood, earthquake, sto▇▇, ▇ire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing steam to the Geyser Units, and neither Calpine nor it▇ ▇▇▇iliates shall have any obligation here under to rework or redrill any existing steam wells or to drill new steam wells to maintain an adequate quantity of ▇▇▇▇m to maintain any level ▇▇ ▇lectric energy output. In the event a party is rendered unable to fulfill any resume full performance of its obligations under this Order 1000 Agreement, (iii) keep the other parties to this Order 1000 Agreement by reason apprised of such efforts on an Uncontrollable Forceongoing basis, such party shall give prompt and (iv) provide written notice of such fact to the other partyparties to this Order 1000 Agreement of the resumption of performance under this Order 1000 Agreement. A party rendered unable to fulfill Notwithstanding any of its obligations under this Agreement by reason the foregoing, the settlement of any strike, lockout, or labor dispute constituting an Uncontrollable Force shall exercise be within the sole discretion of the party to this Order 1000 Agreement involved in such strike, lockout, or labor dispute; and the requirement that a party to this Order 1000 Agreement must use due diligence to remove such inability with all reasonable dispatch. Nothing contained herein remedy the cause of the Uncontrollable Force or mitigate its effects and resume full performance under this Order 1000 Agreement shall be construed so as not apply to require a party to settle any strike strikes, lockouts, or labor dispute in which it may be involved nor to relieve a party from an obligation to pay amounts otherwise owned pursuant to this Agreementdisputes.

Uncontrollable Force. As used in this Agreement, “Uncontrollable Force” means any event beyond the reasonable control of a Party, including but not limited to the following: an act of God, drought, flood, earthquake, storm, fire, lightning, epidemic, pandemic, quarantine, accident, casualty to equipment or other unavailability of equipment, war, riot, civil disturbance, sabotage, strike or labor shortage or difficulty, curtailment, suspension, delay or other unavailability of supplies, electricity, natural gas, coal, or water, unforeseen site conditions inability to obtain and maintain rights of way, permits, licenses and other required authorizations from any federal, state or local agency or person for any of the facilities or equipment necessary to provide or receive Service hereunder, and restraint, order or decree by court or public authority. In the event grants of location (or similar) for Service mains to the Customer’s Premises cannot be obtained or are withdrawn and alternative grants cannot be obtained without additional expense, Vicinity shall have the right to cancel the Agreement and terminate the supply of Service without further liability. Neither party Party shall be considered to be in default in the performance respect of any of its obligations obligation under this Agreement when a (other than the obligation to pay amounts due to the other Party under or pursuant to this Agreement) to the extent such failure of performance, including any temporary curtailment or interruption of service by Calpine, performance shall be due to an Uncontrollable Force. An Uncontrollable Force is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party to perform, which could not reasonably have been avoided The Party affected by such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wells, machinery, equipment or lines of pipe), flood, earthquake, sto▇▇, ▇ire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing steam to the Geyser Units, and neither Calpine nor it▇ ▇▇▇iliates shall have any obligation here under to rework or redrill any existing steam wells or to drill new steam wells to maintain an adequate quantity of ▇▇▇▇m to maintain any level ▇▇ ▇lectric energy output. In the event a party is rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force, such party shall give prompt written notice of such fact to the other party. A party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall exercise (and in no event later than within three (3) days of the commencement of non-performance due diligence to remove such inability with all reasonable dispatchan Uncontrollable Force) give notice to the other party stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect. Nothing contained herein Performance shall be construed so as excused for no greater scope and no longer duration than is required by the Uncontrollable Force. The non-performing Party shall use its commercially reasonable efforts to require a party remedy its inability to perform, but neither Party shall be obliged to settle any strike or resolve a labor dispute in which it may be involved nor difficulty or to relieve a party from an obligation hire substitute labor on terms unacceptable to pay amounts otherwise owned pursuant to this Agreementthat Party.