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66 <br /> NC STANDARD PPA.DOC(Revised November 1,2010) NCUC Docket No.E-100.Sub.127 <br /> 1 (c) Making necessary adjustments to, changes in, or repairs on Company lines, substations, <br /> 2 and facilities, and in cases where, in its opinion, the continuance of service from Supplier's <br /> 3 premises would endanger persons or property. <br /> 4 <br /> 5 7. Force Majeure. <br /> 6 <br /> 7 (a) Circumstances beyond the reasonable control of a Party which solely cause that Party to <br /> 8 experience delay or failure in delivering or receiving electricity or in providing continuous <br /> 9 service hereunder, including: acts of God; unusually severe weather conditions; earthquake; <br /> 10 strikes or other labor difficulties; war;riots; fire;requirements,actions or failures to act on the <br /> 11 part of governmental authorities(including the adoption or change in any rule or regulation or <br /> 12 environmental constraints lawfully imposed by federal, state or local government bodies),but <br /> 13 only if such requirements, actions or failures to act prevent or delay performance; or <br /> 14 transportation delays or accidents shall be deemed to be "events or conditions of force <br /> 15 majeure". Events or conditions of force majeure do not include such circumstances which <br /> 16 merely affect the cost of operating the Facility. <br /> 17 <br /> 18 (b) Neither Party shall be responsible nor liable for any delay or failure in its performance <br /> 19 hereunder due solely to events or conditions of force majeure,provided that: <br /> 20 <br /> 21 (i) The affected Party gives the other Party written notice describing the particulars of the <br /> 22 event or condition of force majeure, such notice to be provided within forty-eight (48) <br /> 23 hours of the determination by the affected Party that an event or condition of force majeure <br /> 24 has occurred, but in no event later than thirty(30) days from the date of the occurrence of <br /> 25 the event or condition of force•majeure; <br /> 26 <br /> 27 (ii) The delay or failure of performance is of no longer duration and of no greater scope <br /> 28 than is required by the event or condition of force maj cure,provided that in no event shall <br /> 29 such delay or failure of performance extend beyond a period of twelve(12)months; <br /> 30 <br /> 31 (iii) The affected Party uses its best efforts to remedy its inability to perform; <br /> 32 <br /> 33 (iv) When the affected Party is able to resume performance of its obligations under this <br /> 34 Agreement,that Party shall give the other Party prompt written notice to that effect;and, <br /> 35 <br /> 36 (v) The event or condition of force majeure was not caused by or connected with any <br /> 37 negligent or intentional acts, errors, or omissions, or failure to comply with any law, rule, <br /> 38 regulation,order or ordinance,or any breach or default of this Agreement. <br /> 39 <br /> 40 8. Offset For Charges Due to Company. The Company reserves the right to set off against any <br /> 41 amounts due from the Company to Supplier, any amounts which are due from Supplier to the <br /> 42 Company, including, but not limited to, unpaid charges.for Interconnection Facilities or past <br /> 43 due balances on any accounts Supplier has with the Company for other services. <br /> 44 <br /> 45 9. Records. In addition to the regular meter readings to be taken once each month for billing <br /> 46 purposes, the Company may require additional meter readings, records, transfer of <br /> 47 information, etc. as may be agreed upon by the Parties. The Company reserves the right to <br /> Page 6 of 12 <br />