Uncontrollable Forces. A Party shall not be considered to be in default in respect of any obligation hereunder if prevented from fulfilling such obligation by reason of Uncontrollable Forces. Provided, that in order to be relieved of an Event of Default due to Uncontrollable Forces, a Party affected by an Uncontrollable Force shall:
Appears in 6 contracts
Samples: Services Agreement, Pooling Agreement, Services Agreement
Uncontrollable Forces. A Party No party hereto shall not be considered to be in default in respect the performance of any obligation hereunder of its obligations hereunder, other than obligations of such party to pay costs and expenses, if prevented from fulfilling such obligation by reason failure of Uncontrollable Forces. Provided, that in order to performance shall be relieved of an Event of Default due to Uncontrollable Forces, a Party affected by an Uncontrollable Force shall:uncontrollable forces. The term "uncontrollable
Appears in 2 contracts
Samples: Ownership and Operation Agreement (Mirant Mid Atlantic LLC), Ownership and Operation Agreement (Mirant Mid Atlantic LLC)
Uncontrollable Forces. A No Party shall not be considered to be in default in respect of any obligation hereunder if prevented from fulfilling such obligation by obligations by, reason of Uncontrollable Forces. Providedany cause beyond the reasonable control or such Party, that in order to be relieved of an Event of Default due to Uncontrollable Forcesincluding, a Party affected by an Uncontrollable Force shall:without limitation, strikes or labor disputes.
Appears in 1 contract
Uncontrollable Forces. A Except for any obligation to make payments pursuant to this Agreement or other agreements relating to the Project, a Party shall not be considered to be in default in respect of any obligation hereunder if prevented from fulfilling such obligation by reason of Uncontrollable Forces. Provided, that as defined in order to be relieved Section 4.95 of an Event of Default due to Uncontrollable Forces, a Party affected by an Uncontrollable Force shall:the PSA.
Appears in 1 contract
Samples: Management and Operations Agreement
Uncontrollable Forces. A Party shall not be considered to be in default in respect of any obligation hereunder if prevented from fulfilling such obligation by reason of Uncontrollable Forces. Provided; provided, that in order to be relieved of an Event of Default due to Uncontrollable Forces, a Party affected by an Uncontrollable Force shall:
Appears in 1 contract
Samples: Assignment Administration Agreement
Uncontrollable Forces. A No Party shall not be considered to be in default in respect of to any obligation hereunder hereunder, other than under Article III, if prevented from fulfilling such obligation by reason of an Uncontrollable ForcesForce. Provided, that in order to be relieved of an Event of Default due to Uncontrollable Forces, If a Party affected is rendered unable to fulfill any obligation by reason of an Uncontrollable Force shall:such Party shall exercise due diligence to remove such inability with all reasonable dispatch and shall keep the other Parties fully informed of changes and conditions as far in advance as possible.
Appears in 1 contract
Samples: Discussion Draft
Uncontrollable Forces. A No Party shall not be considered to be in default in respect of to any obligation hereunder hereunder, other than under Article III, if prevented from fulfilling such obligation by reason of or an Uncontrollable ForcesForce. Provided, that in order to be relieved of an Event of Default due to Uncontrollable Forces, If a Party affected is rendered unable to fulfill any obligation by reason of an Uncontrollable Force shall:such Party shall exercise due diligence to remove such inability with all reasonable dispatch and shall keep the other Parties fully informed of changes and conditions as far in advance as possible.
Appears in 1 contract
Samples: Service Contract
Uncontrollable Forces. A 8.1 If an event occurs that is beyond the control of a Party shall which prevents said Party from performing its obligations hereunder (hereinafter referred to as “Uncontrollable Force(s)”), said Party will not be considered to be in default in respect of any under this Agreement; except the preceding condition will not apply to the Parties’ obligation hereunder if prevented from fulfilling such obligation by reason of Uncontrollable Forces. Provided, that in order to be relieved of an Event of Default make all payments when due to Uncontrollable Forces, a Party affected by an Uncontrollable Force shall:as provided for herein.
Appears in 1 contract
Samples: Going Services Agreement