Common use of Uncontrollable Forces Clause in Contracts

Uncontrollable Forces. Neither party to the contract shall be considered to be in default in performance of any of its obligations under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein, when a failure of performance shall be due to 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 Forces. Neither party No Party to the contract this Agreement shall be considered to be in default in the performance of any of its obligations under the contract, except Agreement (other than the obligation of SNWA to make payment as specified in Provision 13 (Billing and Paymentpayment) herein, when a failure of performance shall be due to an uncontrollable forceforces. The term “uncontrollable force” means shall mean any cause beyond the control of the party affectedParty unable to perform such obligation, including including, but not restricted limited to, failure of or threat of failure of facilities, flood, earthquake, storm, firefire lightning, lightningand other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, restraint by order of a court order or public authority regulatory agency of competent jurisdiction, and action or nonaction non-action by, or failure to obtain the necessary authorizations or approvals from, any federal or state governmental agency or authority, which by exercise of due diligence such party 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 any party to settle any strike or labor dispute in which it may be is 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 Forces. Neither party to the contract shall be considered to be in default in performance of any of its obligations under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein, when a failure of performance shall be due to 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 Forces. Neither party to the contract No Party shall be considered to be in default in the performance of any of its obligations under the contract, except hereunder (other than obligations of said Party to make payment as specified in Provision 13 (Billing and Paymentof bills rendered hereunder) herein, when a failure of performance ofperformance shall be due to an uncontrollable forceUncontrollable Force. The term “uncontrollable force” "Uncontrollable Force" means any cause beyond the reasonable control of the party Party affected, including but not restricted to, 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 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 so as to require a party Party to settle any strike or labor dispute in which it may be involved. Either party Any Party rendered unable to fulfill any of its obligations under the contract hereunder by reason of an uncontrollable force Uncontrollable Force shall give prompt written notice of such fact to the other party Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. Neither party No Party to the contract this Agreement shall be considered to be in default in the performance of any of its obligations under the contract, except Agreement (other than the obligation of SNWA to make payment as specified in Provision 13 (Billing and Paymentpayment) herein, when a failure of performance shall be due to an uncontrollable forceforces. The term “"uncontrollable force” means " shall mean any cause beyond the control of the party affectedunable to perform such obligation, including including, but not restricted limited to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightninglighting, and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, restraint by order of a court order or public authority regulatory agency of competent jurisdiction, and action or nonaction non-action by, or failure to obtain the necessary authorizations or approvals from, any federal governmental agency or authority, which by exercise of due diligence such party 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 any Party to settle any strike or labor dispute in which it may be is 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 Forces. Neither party to the contract 18.1 No Party shall be considered to be in default in the performance of any of its obligations under the contract, except hereunder (other than obligations of said Party to make payment as specified in Provision 13 (Billing and Paymentof bills rendered hereunder) herein, when a failure of performance shall be due to an uncontrollable forceUncontrollable Force. The term “uncontrollable force” Uncontrollable Force“ means any cause beyond the reasonable control of the party Party affected, including but not restricted to, 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 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 so as to require a party Party to settle any strike or labor dispute in which it may be involved. Either party Any Party rendered unable to fulfill any of its obligations under the contract hereunder by reason of an uncontrollable force Uncontrollable Force shall give prompt written notice of such fact to the other party Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. Neither party to the contract 31.1 No Participant shall be considered to be in default in the performance of any of its obligations under the contract, except Project Agreements (other than obligations of said Participant to make payment as specified in Provision 13 (Billing pay costs and Payment) hereinexpenses), when a failure of performance shall be due to an uncontrollable force. The term “"uncontrollable force” means " shall be any cause beyond the control of the party Participant affected, including including, but not restricted to, failure of or threat of failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority authority, and action or nonaction by, by or failure to obtain the necessary authorizations or approvals from, from any governmental agency or authority, which by exercise of due diligence such party Participant could not reasonably have been expected to avoid and which by exercise of due diligence diligence, it shall be unable to overcome. Nothing contained herein shall be construed so as to require a party Participant to settle any strike or labor dispute in which it may be involved. Either party Any Participant rendered unable to fulfill any of its obligations under the contract Project Agreements by reason of an any uncontrollable force shall give prompt written notice of such fact to the other party Participants and shall exercise due diligence to remove such inability with all reasonable dispatch. The term "Participant" as used in this Section 31 shall include the Transmission System Project Manager and the Transmission System Operating Agent in their capacities as such.

Uncontrollable Forces. Neither party to the contract 18.1 No Party shall be considered to be in default in the performance of any of its obligations under the contract, except hereunder (other than obligations of said Party to make payment as specified in Provision 13 (Billing and Paymentof bills rendered hereunder) herein, when a failure of performance ofperformance shall be due to an uncontrollable forceUncontrollable Force. The term “uncontrollable force” "Uncontrollable Force" means any cause beyond the reasonable control of the party Party affected, including but not restricted to, 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 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 so as to require a party Party to settle any strike or labor dispute in which it may be involved. Either party Any Party rendered unable to fulfill any of its obligations under the contract hereunder by reason of an uncontrollable force Uncontrollable Force shall give prompt written notice of such fact to the other party Parties and shall exercise due diligence to remove such inability with all reasonable dispatch., ■

Uncontrollable Forces. Neither party to the contract 18.1 No Party shall be considered to be in default in the performance of any of its obligations under the contract, except hereunder (other than obligations of said Party to make payment as specified in Provision 13 (Billing and Paymentof bills rendered hereunder) herein, when a failure of performance shall be due to an uncontrollable forceUncontrollable Force. The term “uncontrollable force” "Uncontrollable Force" means any cause beyond the reasonable control of the party Party affected, including but not restricted to, 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 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 so as to require a party Party to settle any strike or labor dispute in which it may be involved. Either party Any Party rendered unable to fulfill any of its obligations under the contract hereunder by reason of an uncontrollable force Uncontrollable Force shall give prompt written notice of such fact to the other party Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. Neither party to the contract 18.1 No Party shall be considered to be in default in the performance of any of its obligations under the contract, except hereunder (other than obligations of said Party to make payment as specified in Provision 13 (Billing and Paymentofbills rendered hereunder) herein, when a failure of performance shall be due to an uncontrollable forceUncontrollable Force. The term tenn “uncontrollable force” Uncontrollable Force“ means any cause beyond the reasonable control of the party ofthe Party affected, including but not restricted to, 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 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 so as to require a party Party to settle any strike or labor dispute in which it may be involved. Either party Any Party rendered unable to fulfill any of its obligations under the contract hereunder by reason of an uncontrollable force Uncontrollable Force shall give prompt written notice of such fact to the other party Parties and shall exercise due diligence to remove such inability with all reasonable dispatch.

Uncontrollable Forces. Neither party to the contract 30.l No Participant shall be considered to be in default in the performance of any of its obligations under the contract, except Project Agreements (other than obligations of said Participant to make payment as specified in Provision 13 (Billing pay costs and Paymentexpenses) herein, when a failure of performance shall be due to an uncontrollable force. The term “"uncontrollable force” means " shall be any cause beyond the control of the party Participant affected, including but not restricted to, to failure of or threat of failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority authority, and action or nonaction by, non-action by or failure to obtain the necessary authorizations or approvals from, from any governmental agency or authority, which by exercise of due diligence such party Participant 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 so as to require a party Participant to settle any strike or labor dispute in which it may be involved. Either party Any Participant rendered unable to fulfill any of its obligations under the contract Project Agreements by reason of an uncontrollable force shall give prompt written notice of such fact to the other party Participants and shall exercise due diligence to remove such inability with all reasonable dispatch. The term "Participant" as used in this Section 30 shall include the Project Manager and Operating Agent in their capacities as such.