duration, and any action being taken to avoid or minimize its effect and (ii) uses its
reasonable commercial efforts to remedy its inability to perform. The suspension of
performance shall be of no greater scope and no longer duration than that which is
necessary. No obligations of either party which arose before the occurrence causing the
suspension of performance and which could and should have been fully performed before
such occurrence shall be excused as a result of such occurrence. The burden of proof
shall be on the party asserting excuse from performance due to a Force Majeure Event.
Section 14.5 - Amendments. No amendments or modifications of this Agreement
shall be valid unless evidenced in writing and signed by duly authorized representatives
of both parties.
Section 14.6 - Survival. Notwithstanding any provisions herein to the contrary,
the obligations set forth in Articles 7, 10, and 13, and the limitations of liabilities set forth
in Article 11, shall survive in full force despite the expiration or termination of this
Agreement.
Section 14.7 - No Waiver. It is understood and agreed that any delay, waiver or
omission by Owner or Operator with respect to enforcement of required performance by
the other under this Agreement shall not be construed to be a waiver by Owner or
Operator of any subsequent breach or default of the same or other required performance
on the part of Owner or Operator.
Section 14.8 - Notices. All notices and other communications (collectively
"Notices") required or permitted under this Agreement shall be in writing and shall be
given to each party at its address set forth in this Section 14.8 or at such other address as
hereafter specified as provided in this Section 14.8. All Notices shall be (i) delivered
personally or (ii) sent by electronic mail registered or certified mail (return receipt
requested and postage prepaid), or (iii) sent by a nationally recognized overnight courier
service. Notices shall be deemed to be given (A) when transmitted if sent by electronic
mail(provided the transmittal is confirmed), or (B) upon receipt by the intended recipient
if given by any other means. Notices shall be sent to the following addresses:
To Operator:
By mail:
Essex Power Services, Inc.
c/o Essex Hydro Associates
55 Union St. 4" Floor
Boston, MA
By electronic mail:
Administrative or Legal issues: alocke@essexhydro.com
21
