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Enron Mail |
How close did I get?
10.2 Effect of Force Majeure. In the event of a Force Majeure event=20 affecting Seller=01,s ability to Deliver Scheduled Energy from the Facility= , the=20 following shall occur: =20 (a) Seller shall as soon as reasonably practicable use commercially=20 reasonable efforts to fulfill its obligations to deliver Scheduled Energy= =20 from Market Sources until notice is provided pursuant to Section 10.2(b)=20 below. do we want to delete this? Gary didn't seem to like it. (b) Not later than ten (10) Days following the onset of the Force Majeure= =20 event, Seller shall (i) issue a notice to Buyer stating whether Seller will= =20 continue to fulfill its obligations to Buyer hereunder from Market Sources= =20 until the Force Majeure event is terminated or (ii) declare Force Majeure a= nd=20 relieve Buyer from its obligation to pay the Demand Charge during the time= =20 that Seller is unable to meet its obligations hereunder, computed on a dail= y=20 basis. If Buyer does not Schedule Energy during the ten (10) day evaluatio= n=20 period and Seller declares Force Majuere, then Buyer=01,s relief of the=20 obligation to pay the Demand Charge shall commence as of the date of the=20 Force Majeure event. © If, during the ten (10) day evaluation period referenced above, Buyer= =20 Schedules Energy and Seller continues to Deliver Energy, but then declares= =20 Force Majeure, Buyer=01,s relief from the obligation to pay the Demand Char= ge=20 shall commence on the date of the declaration of Force Majeure and not on t= he=20 date of onset of the Force Majeure event. If, during the ten (10) day=20 evaluation period Buyer Schedules Energy and Seller initially Delivers Ener= gy=20 but subsequently fails to Deliver, Buyer shall be relieved of the obligatio= n=20 to pay the Demand Charge from the date Seller fails to Deliver Energy, and= =20 not on the date of onset of the Force Majeure event. Such relief from the= =20 Demand Charge shall be computed on a daily basis. =20 In the event of a Force Majeure affecting Buyer=01,s ability to receive Ene= rgy=20 from Seller, payment of the Demand Charge shall continue. 10.3 Termination Due to Force Majeure. If an event of Force Majeure continu= es=20 in effect for twelve (12) consecutive Months, then the Party not declaring= =20 Force Majeure may terminate this Agreement upon providing written notice of= =20 such termination to the other Party (but if such event of Force Majeure=20 terminates before any such termination notice is provided, then this=20 Agreement shall continue in full force and effect).
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