Uncontrollable Force. 16.1.1 Economic hardship is not considered an Uncontrollable Force event.
Uncontrollable Force. 7.5.1 As used in this article, an Uncontrollable Force Event shall mean "any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, breakage or accident to machinery or equipment, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond the reasonable control of the Distribution Provider or Interconnection Customer which could not be avoided through the exercise of Good Utility Practice. An Uncontrollable Force Event does not include an act of negligence or intentional wrongdoing by the Party claiming Uncontrollable Force."
Uncontrollable Force. Neither the Authority nor the Customer shall be considered to be in default in respect to any obligation hereunder, other than the obligation of the Customer to pay for the Xxxxxx Capacity, Xxxxxx Energy and Xxxxxx C Energy during any Billing Period as provided in Section 11(f), or make any payment required under Section 21, if prevented from fulfilling such obligations by reason of an uncontrollable force. The term “uncontrollable force” means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch.
Uncontrollable Force the occurrence of any Uncontrollable Force that could reasonably be expected to materially and adversely affect the Project;
Uncontrollable Force. Neither party shall be considered to be in default in the performance of any of its obligations under this Agreement when a failure of performance, including any temporary curtailment or interruption of service by Calpine, shall be due to an Uncontrollable Force. An Uncontrollable Force is any act, event or cause beyond the reasonable control of a party which adversely affects the ability of that party to perform, which could not reasonably have been avoided by such party through the exercise of due diligence, and which such party has been unable to avoid by the exercise of due diligence, including failure of or threat of failure of facilities (including breakage or accident to, or the necessity for making reasonable repairs to or reconditioning, the Geyser Units and related equipment, wells, machinery, equipment or lines of pipe), flood, earthquake, stoxx, xire, pestilence, lightning or other natural catastrophes, epidemic, famine, war, riot, civil disturbance or disobedience, labor dispute, strike, labor or material shortage, sabotage, government priorities, restraint by court order or public authority, and after a good faith effort by the affected party to so obtain, action or nonaction by inability to obtain necessary authorizations or approvals from any governmental agency or authority. Additionally, Uncontrollable Force shall in any event include shortfalls in steam production from the wells providing steam to the Geyser Units, and neither Calpine nor itx xxxiliates shall have any obligation here under to rework or redrill any existing steam wells or to drill new steam wells to maintain an adequate quantity of xxxxm to maintain any level xx xlectric energy output. In the event a party is rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force, such party shall give prompt written notice of such fact to the other party. A party rendered unable to fulfill any of its obligations under this Agreement by reason of an Uncontrollable Force shall exercise due diligence to remove such inability with all reasonable dispatch. Nothing contained herein shall be construed so as to require a party to settle any strike or labor dispute in which it may be involved nor to relieve a party from an obligation to pay amounts otherwise owned pursuant to this Agreement.
Uncontrollable Force. Neither Party shall be considered to be in default with respect to any obligation hereunder, other than the obligations to pay money, if prevented from fulfilling such obligation by reason of an uncontrollable force. The term "
Uncontrollable Force the occurrence of any Uncontrollable Force that could reasonably be expected to materially and adversely affect the Master Program;
Uncontrollable Force. Any cause beyond the control of the Party affected and asserting excuse from performance, including but not restricted to flood, drought, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or inaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority which by exercise of due diligence such Party could not reasonably have been expected to avoid and to the extent which by exercise of due diligence it has been unable to overcome. The Party claiming such Uncontrollable Force must give the other Party at least ten (10) days written notice of the commencement of such cause, and keep the other Party informed concerning the continuance of such cause.
Uncontrollable Force. Neither Party shall be liable to the other for any charges, damages, or claims of damage attributable to any Uncontrollable Force. An “Uncontrollable Force” includes any cause or event that, by the exercise of reasonable diligence, the affected Party is unable to avoid. Uncontrollable Forces include, but are not limited to, injunction or other decree or order of any court or government agency having jurisdiction, sabotage, labor disputes, strikes, lock-outs, work stoppages, riot, insurrection, acts of public enemy, fire, flood, explosion, extraordinary action of the elements, earthquake or other acts of God, or failure or loss of facilities (including the Distribution Facilities and facilities of third parties providing power or transmission services). If either Party is rendered wholly or partly unable to perform any of its obligations under this Contract by reason of Uncontrollable Force, such obligation shall be suspended or excused, provided that such Party shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability within a reasonable time period. Neither Party shall be relieved by operation of this Section of any payment obligation or liability with respect to performance that occurred prior to the Uncontrollable Force.
Uncontrollable Force. No Party shall be considered to be in default with respect to any obligation hereunder, other than the obligation to pay money when due, if prevented from fulfilling such obligation by Uncontrollable Force, which for purposes of clarity shall include pandemic. A Party unable to fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Uncontrollable Force shall give notice and the full particulars of such Uncontrollable Force to the other Party in writing or by telephone as soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to this Section 7 shall be confirmed in writing as soon as reasonably possible and shall specifically state the full particulars of the Uncontrollable Force, the time and date when the Uncontrollable Force occurred, and when the Uncontrollable Force is reasonably expected to cease. The Party affected shall exercise due diligence to remove such disability with reasonable dispatch, but shall not be required to accede or agree to any provision not satisfactory to it in order to settle and terminate a strike or other labor disturbance.
