Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable the Power Purchase Provider to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the Project Agreements.
Appears in 3 contracts
Sources: Power Sales Agreement, Power Sales Agreement, Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output Products or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable the Power Purchase Provider to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the Project Agreements.
Appears in 2 contracts
Sources: Power Sales Agreement, Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output Capacity or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of the Power Purchase Provider Seller or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable the Power Purchase Provider Seller to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the Project Agreements.
Appears in 2 contracts
Sources: Sales Agreement, Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, provide Facility Output or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of SCPPA, the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable SCPPA or the Power Purchase Provider Provider, as applicable, to acquire, administer or operate the Project; provided, however, that Purchaser Project Participants shall not thereby be relieved of its their obligations to make payments under this Agreement their respective Power Sales Agreements except to the extent SCPPA is so relieved pursuant to the any applicable Project Agreements.
Appears in 2 contracts
Sources: Power Sales Agreement, Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of , the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable the Power Purchase Provider to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the Project Agreements.
Appears in 2 contracts
Sources: Power Sales Agreement, Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of SCPPA, the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable SCPPA or the Power Purchase Provider Provider, as applicable, to acquire, administer or operate the Project; provided, however, that Purchaser and the other Project Participants shall not thereby be relieved of its their obligations to make payments under this Agreement their respective Power Sales Agreements except to the extent SCPPA is so relieved pursuant to the Power Purchase Agreement and/or other applicable Project Agreements.
Appears in 1 contract
Sources: Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provideprovide Project Output, Facility Output Replacement Energy or other service it may be providing under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of SCPPA, the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable SCPPA or the Power Purchase Provider Provider, as applicable, to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the any Project AgreementsAgreement.
Appears in 1 contract
Sources: Power Sales Agreement
Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provideprovide Facility Output, Facility Output Replacement Energy or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of SCPPA, the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable SCPPA or the Power Purchase Provider Provider, as applicable, to acquire, administer or operate the Project; provided, however, that Purchaser Project Participants shall not thereby be relieved of its their obligations to make payments under this Agreement their respective Power Sales Agreements except to the extent SCPPA is so relieved pursuant to the Indenture and/or other applicable Project Agreements.
Appears in 1 contract
Sources: Power Sales Agreement