Common use of Due to Force Majeure Clause in Contracts

Due to Force Majeure. If (a) Company wholly suspends the Work on the Facility for six (6) consecutive months due to the occurrence of a Force Majeure suffered by Company; or (b) Contractor is prevented from performing the Work for a period of six (6) consecutive months as a result of the occurrence of a Force Majeure suffered by Contractor, then the affected Party may terminate this Contract at no cost or penalty, other than the payment of all accrued payment obligations due and payable pursuant to this Contract (excluding loss of anticipated profits for the Work not yet performed by Contractor) upon not less than fifteen (15) Days prior written notice to the other Party; provided, however, that nothing in this Section 19.3 shall relieve or excuse either Party from its obligations under Sections 19.5 and 19.6.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract (Us Geothermal Inc), Engineering, Procurement and Construction Contract (Us Geothermal Inc)

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Due to Force Majeure. If (a) Company Owner wholly suspends the Work on the Facility for six (6) consecutive months due to the occurrence of a Force Majeure suffered by CompanyOwner; or (b) Contractor is prevented from performing the Work for a period of six forty-five (645) consecutive months days as a result of the occurrence of a Force Majeure suffered by Contractor, then the affected Party may terminate this Contract at no cost or penalty, other than the payment of all accrued payment obligations due and payable pursuant to this Contract (excluding loss of anticipated profits for the Work not yet performed by Contractor) upon not less than fifteen (15) Days prior written notice to the other Party; provided, however, that nothing in this Section 19.3 shall relieve or excuse either Party from its other obligations under Sections 19.5 and 19.6this Contract.

Appears in 2 contracts

Samples: Procurement and Construction Contract, Procurement and Construction Contract (Clean Coal Technologies Inc.)

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Due to Force Majeure. If (a) Company wholly suspends the Work on the Facility for six (6) consecutive months due to the occurrence of a Force Majeure suffered by Company; or (b) Contractor is prevented from performing the Work for a period of six (6) consecutive months as a result of the occurrence of a Force Majeure suffered by Contractor, then the affected Party may terminate this Contract at no cost or penalty, other than the payment of all accrued payment obligations due REV A and payable pursuant to this Contract (excluding loss of anticipated profits for the Work not yet performed by Contractor) upon not less than fifteen (15) Days prior written notice to the other Party; provided, however, that nothing in this Section 19.3 shall relieve or excuse either Party from its obligations under Sections 19.5 and 19.6.

Appears in 2 contracts

Samples: Construction Contract (Us Geothermal Inc), Construction Contract (Us Geothermal Inc)

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