Fill and Sign the Cercla Enforcement Policy Compendium Update Form

§ 11.06 Consequences of a Force Majeure Event Page 345 If a Force Majeure Event affects the Contractor’s ability to meet the Completion Date, the parties shall negotiate in good faith to obtain an equitable adjustment in the Completion Date and the Contract Price. No profit element is to be added to any Contract Price adjustment. *** No adjustment of the Contract Price is to be made based on a Force Majeure Event. Page 346 If a Force Majeure Event increases the Nonperforming Party’s costs of performing its obligations under this Agreement by an amount in excess of $_________, the Contract Price is increased by the amount of the increased costs in excess of $___________. *** If a Force Majeure Event requires a modification of the Nonperforming Party’s facilities the total cost of which exceeds $________, the parties shall negotiate in good faith to agree to an adjustment in the payment schedule that allows the Nonperforming Party to recover the total cost of the modification. Page 347 No obligation to make any payment required under this Agreement is excused as a result of a Force Majeure Event. *** No obligation to make payments, including Purchaser’s obligations to make [insert term for required payments] during any Force Majeure Event, is excused as a result of the Force Majeure Event, except that, if the Facility is shut down as a result of a Force Majeure Event and the shutdown continues for a period of more than 60 days, the Purchaser is excused from making these payments for the period after the 60th day until the Facility recommences operation.Page 348 (a) If Seller is prevented as a result of a Force Majeure Event from selling and delivering at the delivery point the quantity of gas that Seller has obligated itself to deliver to its customers (including Buyer) at the delivery point, then Seller shall make deliveries to all its customers (including Buyer) as follows: (i) First, Seller shall cease all deliveries under contracts that permit curtailment of deliveries. (ii) Second, Seller shall make deliveries under all other contracts pro rata (based on the quantities of gas nominated for delivery under the affected agreements on the day on which the Force Majeure Event occurred). (b) To the extent and for as long as Seller is unable to deliver to the delivery point the quantity of gas nominated, Buyer may purchase replacement supplies of gas from third party suppliers. Page 349 Purchaser’s obligation to pay for fuel available for delivery by Seller is not excused because Purchaser is unable to accept all or part of any delivery of fuel as a result of a Force Majeure Event. *** No liability of either party for an event that arose before the occurrence of the Force Majeure Event is excused as a result of the occurrence. Page 350 If the Force Majeure Event prevents a party from effecting a cure of a breach existing on the date of the occurrence of the Force Majeure Event, the cure period provided under this Agreement with respect to the breach is extended on a day-for-day basis for so long as the Force Majeure Event continues. Page 351 If the Suspension of Performance continues for a period of more than twelve consecutive months as a result of a Force Majeure Event, either party is entitled to terminate this Agreement by giving notice to the other party pursuant to the notice provisions of this Agreement. Page 352 If the Suspension of Performance continues for more than twelve consecutive months, the Performing Party is entitled to terminate this Agreement by giving notice to the Nonperforming Party pursuant to the notice provisions of this Agreement. *** Following termination of this Agreement due to a Force Majeure Event, neither party has any further obligation to perform under this Agreement or to make any further payments other than payments due and owing before the termination date.