N.J. Admin. Code § 7:11-5.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:11-5.11 - Force Majeure

(a) If by reason of Force Majeure either the Authority or purchaser shall be rendered unable wholly or in part to satisfy its obligations under the water purchase contract, the obligation of that party, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed.

(b) The party claiming to be affected by the Force Majeure shall provide the other party with written notice of the facts and circumstances of the Force Majeure and how they impact upon contract performance.

(c) The existence of an element of Force Majeure shall in no event affect the obligation of the purchaser to make the quarterly water payments and other payments required under the water purchase contract (subject to the provisions of N.J.A.C. 7:11-5.5(b) ), but nothing in this subchapter shall require the purchaser to make any payment for water which the Authority does not make available to the purchaser.

N.J. Admin. Code § 7:11-5.11