Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, provided that:
Appears in 6 contracts
Samples: Shared Services Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement
Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurredany payment obligations hereunder, if and to the extent that its such Party's failure of, or delay in, performance is due to an occurrence of a Force MajeureMajeure event; provided, provided that:
Appears in 2 contracts
Samples: Supply and Operations Agreement (Intrepid Technology & Resources, Inc.), Supply and Operations Agreement (Intrepid Technology & Resources, Inc.)
Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of a Force MajeureMajeure Event; provided, provided that:
Appears in 1 contract
Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default default, or be liable in damages or otherwise to the other Party for damages, with respect to any obligation hereunderunder this Agreement, except the obligation to pay money in a timely manner for liabilities actually incurredmake payment as specified herein with respect to amounts which are due and payable under this Agreement, if and to the extent that its failure of, or delay in, performance is due to an occurrence event of Force Majeure; provided, provided that:
Appears in 1 contract
Samples: Sale and Tolling Agreement (Orion Power Holdings Inc)
Excused Performance. Each Party shall be excused from performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay money in a timely manner for liabilities actually incurred, if and to the extent that its failure of, or delay in, performance is due to an occurrence of Force Majeure, provided that:: [Form of Third Amended and Restated Lease Agreement]
Appears in 1 contract
Samples: Operational Services Agreement (Phillips 66 Partners Lp)
Excused Performance. Each Party hereto shall be excused from ------------------- performance hereunder and shall not be considered to be in default or be liable in damages or otherwise with respect to any obligation hereunder, except the obligation to pay make payments of money in a timely manner for liabilities actually incurredmanner, if and to the extent that its failure of, or delay in, performance is due to an occurrence of a Force Majeure, provided thatMajeure Event; provided:
Appears in 1 contract
Samples: Common Facilities Agreement (Dominion Resources Inc /Va/)
