Allocation of costs arising out of Force Majeure Sample Clauses
The 'Allocation of costs arising out of Force Majeure' clause defines how expenses incurred due to unforeseeable and uncontrollable events—such as natural disasters or government actions—are distributed between the parties to a contract. Typically, this clause specifies whether each party bears its own costs or if certain costs are shared or reimbursed, depending on the nature and impact of the force majeure event. Its core function is to provide clarity and fairness in handling unexpected financial burdens, thereby reducing disputes and uncertainty when such events disrupt contractual obligations.
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Allocation of costs arising out of Force Majeure. 16.7.1 Upon occurrence of a Force Majeure Event after the Appointed Date, the costs incurred and attributable to such event and directly relating to the Contracted Capacity of the Power Station (the “Force Majeure Costs”) shall be allocated and paid as follows:
(a) upon occurrence of a Non-Political Event and Indirect Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof; and
(b) upon occurrence of a Political Event, all Force Majeure Costs attributable to such Political Event shall be reimbursed by the Aggregator to the Supplier. For the avoidance of doubt, Force Majeure Costs may include interest payments on debt, O&M Expenses and all other costs directly attributable to the Force Majeure Event, but shall not include loss of Tariff, revenues from sale of electricity to other Distribution Licensees and Buyers, or debt repayment obligations.
16.7.2 Notwithstanding anything contained in this Clause 16.7, if during the occurrence of a Force Majeure Event, the Contracted Capacity or part thereof is deemed Available in accordance with the provisions of Clause 5.1.4, the Aggregator shall not be liable to make any payments towards Force Majeure Costs in respect thereof to the Supplier under this Clause 16.7.
16.7.3 Save and except as expressly provided in this Article 16, neither Party shall be liable to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. 14.4.1 Upon occurrence of a Force Majeure Event, the Authority shall fund and bear the Force Majeure costs (less any insurance proceeds, if any, received by the Operator in respect of such Force Majeure Event).
14.4.2 Save and except as expressly provided in this Article 14.4.2, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. Upon occurrence of any Force Majeure Event, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof. Neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. 11.7.1 Upon occurrence of any Force Majeure Event prior to the Compliance Date, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof.
11.7.2 Upon occurrence of a Force Majeure Event after the Compliance Date, the costs incurred and attributable to such event and directly relating to the Project (the “Force Majeure Costs”) shall be allocated and paid as follows:
(a. upon occurrence of a Non- Statutory / non-administrative Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof;
Allocation of costs arising out of Force Majeure. (a) Upon occurrence of any Force Majeure Event prior to the Appointed Date, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof.
(b) Upon occurrence of a Force Majeure Event after the Appointed Date, the costs incurred and attributable to such event and directly relating to the Project (the “Force Majeure Costs”) shall be allocated and paid as follows:
(i) upon occurrence of a Non-Political Event or Indirect Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof;
(ii) upon occurrence of a Political Event, all Force Majeure Costs attributable to such Political Event shall be reimbursed by the Client to the Developer. For the avoidance of doubt, Force Majeure Costs may include interest payments on debt any increase in the cost of Construction Works on account of inflation and all other costs directly attributable to the Force Majeure Event, and for determining such costs, information contained in the Financial Package may be relied upon to the extent that such information is relevant.
(c) Save and except as expressly provided in this Article, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. 14.4.1 Upon occurrence of a Force Majeure Event, the Authority shall fund and bear the Force Majeure costs (less any insurance proceeds, if any, received by the Operator in respect of such Force Majeure Event).
14.4.2 In case of continuing effect of Force Majeure for over one (1) quarter, the management fee as per the Annuity Amount Payment Schedule may be claimed by the Operator subject to the adjustment of such management fee (in case adjustment is required) at the end of Force Majeure Event.
14.4.3 Save and except as expressly provided in this Article 14.4.2, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. 16.7.1 Upon occurrence of any Force Majeure Event prior to the Appointed Date and during the Term, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof.
16.7.2 Save and except as expressly provided in this Article 17, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure. Save and except as expressly provided in this Article 20, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure event or exercise of any right pursuant hereto.
Allocation of costs arising out of Force Majeure a. Upon the occurrence of any Force Majeure Event prior to the Effective Date, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof.
b. Upon occurrence of a Force Majeure Event after the Effective Date, the costs incurred and attributable to such event and directly relating to the Project (‘Force Majeure Costs’) shall be allocated and paid as follows: upon occurrence of a Non-Political Event, the Parties shall bear their respective Force Majeure Costs and neither Party shall be required to pay to the other Party any costs thereof. upon occurrence of an Other Events of Force Majeure, all Force Majeure Costs attributable to such Other Event(s), shall be borne by the Service Operator. For the avoidance of doubt, Force Majeure Costs may include interest payments on debt, operation and maintenance expenses, any increase in the cost of the Services on account of inflation and all other costs directly attributable to the Force Majeure Event. Save and except as expressly provided in this Clause, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, costs, expense, claims, demands and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereof.
Allocation of costs arising out of Force Majeure. 13.4.1 Upon the occurrence of a Force Majeure Event, the Authority shall fund and bear the Force Majeure costs (less any insurance proceeds, if any, received by the Operator in respect of such Force Majeure Event).
13.4.2 In case of the continuing effect of Force Majeure for over one (1) Quarter, the Management Fee as per the Annuity Amount Payment Schedule may be claimed by the Operator subject to the adjustment of such Management Fee (in case the adjustment is required) at the end of Force Majeure Event.
13.4.3 Save, and except as expressly provided in Article 14.4.2, neither Party shall be liable in any manner whatsoever to the other Party in respect of any loss, damage, cost, expense, claims, demands, and proceedings relating to or arising out of occurrence or existence of any Force Majeure Event or exercise of any right pursuant hereto.