This excerpt taken from the SO 10-Q filed May 7, 2009.
14.1 Burden of Proof. The burden of proof as to whether a Force Majeure event has occurred shall be upon the Party claiming Force Majeure.
14.2 Suspension of Obligations. Except as otherwise provided in Section 14.3(g), if either Party is unable, wholly or in part, to perform its obligations under this Agreement because of a Force Majeure event, that Party will be excused from whatever performance is affected by the Force Majeure event to the extent so affected from the inception and during the continuance of any such Force Majeure. The suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure event. Notwithstanding the foregoing, the occurrence of a Force Majeure event shall not affect the provisions of Section 11.5(f), (g) or (h).
14.3 Notice of Force Majeure Event. (a) The Party claiming Force Majeure shall give notice to the other Party as soon as possible (but in any event within two Days) after becoming aware of the occurrence of a Force Majeure event. The notice shall describe the particulars of the occurrence, including an estimate of its expected duration and probable impact on the performance of such Partys obligations under this Agreement. During the continuation of the Force Majeure event, the Party claiming Force Majeure shall continue to furnish timely regular reports with respect to the event.
Force Majeure event shall be excused as a result of the occurrence.
(c) The non-performing Party shall exercise all reasonable efforts to mitigate or limit damages to the other Party.
(d) The non-performing Party shall promptly correct the Force Majeure event or condition to the extent it may be corrected through the exercise of diligent efforts.
(e) When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect and shall promptly resume performance.
(f) The term of this Agreement shall not be extended beyond its normal expiration date by any period of time during which performance is suspended due to Force Majeure.
(g) The occurrence of a Force Majeure event shall not relieve a Partys obligation to pay money, Gulf Powers obligation to make Capacity Payments, or Shells obligation to make Availability Payments and shall not in any way affect the operation of Section 4.1. For further clarity, a Force Majeure event shall not prevent Gulf Power from making a Request for Energy to the extent that such request would be permitted herein absent an event of Force Majeure or relieve Shells obligation (a) to deliver Energy pursuant to such Request for Energy, (b) calculate or make Availability Payments during the continuance of a Force Majeure event or (c) implement the provision of Section 5.7, if elected by Shell.