Common use of Inability to Deliver Clause in Contracts

Inability to Deliver. If the delivery of District Water under the provisions of this Agreement is prevented, delayed, or made impracticable due to drought, flood, fire, earthquake, or other natural disaster, federal or state regulatory limitations, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, terrorism, war or military conflict, inability of District to obtain any approval for conveyance of District Water from any government agency, including the SWRCB, or if the cost of complying with any environmental requirements renders this transaction economically or physically impractical (each a "Force Majeure Event"), District shall not be required to deliver and Customer shall not be required to pay for that portion of the District Water the delivery of which has been prevented, delayed, or made impracticable, for the period of prevention, delay, or impracticability. District Water not delivered as a result of a Force Majeure Event may be delivered to Customer on a make-up basis upon the conclusion of the Force Majeure Event, or at other times mutually agreeable to the parties on a reasonable, mutually agreed schedule, subject to District's determination that such make-up deliveries are legally permissible and practicable.

Inability to Deliver. If the delivery of District Project Water under the provisions of this Agreement is prevented, delayed, or made impracticable due to drought, flood, fire, earthquake, or other natural disaster, federal or state regulatory limitations, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, terrorism, war or military conflict, inability of District to obtain any approval for conveyance of District Project Water from any government agency, including the SWRCB, or if the cost of complying with any environmental requirements renders this transaction economically or physically impractical (each a "Force Majeure Event"), District shall not be required to deliver and Customer shall not be required to pay for that portion of the District Project Water the delivery of which has been prevented, delayed, delayed or made impracticable, for the period of prevention, delay, delay or impracticability. District Project Water not delivered as a result of a Force Majeure Event may be delivered to Customer on a make-up basis upon the conclusion of the Force Majeure Event, or at other times mutually agreeable to the parties on a reasonable, mutually agreed schedule, subject to District's determination that such make-up deliveries are legally permissible and practicable.

Inability to Deliver. If the delivery of District Project Water under the provisions of this Agreement is prevented, delayed, or made impracticable due to drought, flood, fire, earthquake, or other natural disaster, federal or state regulatory limitations, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, terrorism, war or military conflict, inability of District to obtain any approval for conveyance of District Project Water from any government agency, including the SWRCB, or if the cost of complying with any environmental requirements renders this transaction economically or physically impractical (each a "“Force Majeure Event"”), District shall not be required to deliver and Customer shall not be required to pay for that portion of the District Project Water the delivery of which has been prevented, delayed, delayed or made impracticable, for the period of prevention, delay, delay or impracticability. District Project Water not delivered as a result of a Force Majeure Event may be delivered to Customer on a make-up basis upon the conclusion of the Force Majeure Event, or at other times mutually agreeable to the parties on a reasonable, mutually agreed schedule, subject to District's ’s determination that such make-up deliveries are legally permissible and practicable.

Inability to Deliver. If the delivery of District ProjectDistrict Water under the provisions of this Agreement is prevented, delayed, or made impracticable due to drought, flood, fire, earthquake, or other natural disaster, federal or state regulatory limitations, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, terrorism, war or military conflict, inability of District to obtain any approval for conveyance of District ProjectDistrict Water from any government agency, including the SWRCB, or if the cost of complying with any environmental requirements renders this transaction economically or physically impractical (each a "Force Majeure Event"), District shall not be required to deliver and Customer shall not be required to pay for that portion of the District ProjectDistrict Water the delivery of which has been prevented, delayed, or made impracticable, for the period of prevention, delay, or impracticability. District ProjectDistrict Water not delivered as a result of a Force Majeure Event may be delivered to Customer on a make-up basis upon the conclusion of the Force Majeure Event, or at other times mutually agreeable to the parties on a reasonable, mutually agreed schedule, subject to District's determination that such make-up deliveries are legally permissible and practicable.