Common use of Allocation of costs during subsistence of Force Majeure Clause in Contracts

Allocation of costs during subsistence of Force Majeure. Subject to the provisions of Article 15.5 hereinabove, upon occurrence of a Force Majeure Event, the costs arising out of such event shall be allocated as follows: (a) When the Force Majeure Event is a Non Political Event, the Parties shall bear their respective costs and neither Party shall be required to pay to the other Party any costs arising out of any such Force Majeure Event; (b) Where the Force Majeure Event is an Indirect Political Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the "Force Majeure Costs") shall be borne by the Concessionaire to the extent of the Insurance Cover, and to the extent Force Majeure Costs as duly certified by the Statutory Auditors exceed the Insurance Cover, one half of the same shall be reimbursed by NGS / SMC to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim therefore; (c) Where the Force Majeure Event is a Political Event, the Force Majeure Costs to the extent actually incurred and certified by the statutory Auditors of Concessionaire shall be reimbursed by NGS / SMC to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim therefore; and (d) NGS / SMC may at its option reimburse the Force Majeure Costs to the Concessionaire in cash or compensate the Concessionaire for such costs by appropriate extension of the Concession Period, which extension shall also be given effect within the period of 90 days specified in preceding sub-article (b) or (c) as the case may be. For avoidance of doubt, Force Majeure Costs shall not include any debt repayment obligations but shall include interest payments on such debt and all other costs directly attributable to the Force Majeure Event.

Allocation of costs during subsistence of Force Majeure. Subject to the provisions of Article 15.5 Clause 13.5 hereinabove, upon occurrence of a Force Majeure Event, the costs arising out of such event shall be allocated as follows: (a) When the Force Majeure Event is a Non Political Event, the Parties shall bear their respective costs and neither Party shall be required to pay to the other Party any costs arising out of any such Force Majeure Event; (b) Where the Force Majeure Event is an Indirect Political Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the "Force Majeure Costs") shall be borne by the Concessionaire to the extent of the Insurance Cover, and to the extent the Force Majeure Costs as duly certified by the Statutory Auditors exceed the Insurance Cover, one half of the same shall be reimbursed by NGS / SMC Authority to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim thereforeclaim; (c) Where the Force Majeure Event is a Political Event, the Force Majeure Costs to the extent actually incurred and certified by the statutory Auditors of the Concessionaire subject to approval of Authority shall be reimbursed by NGS / SMC Authority to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim thereforeclaim; and (d) NGS / SMC Authority may at its option reimburse the Force Majeure Costs to the Concessionaire in cash (through adjustment in the Revenue Share) or compensate the Concessionaire for such costs by appropriate extension of the Concession Period, which extension shall also be given effect within the period of 90 days specified in preceding sub-article clauses (b) or (c) as the case may be. For avoidance of doubt, Force Majeure Costs shall not include loss of revenues or any debt repayment obligations but shall include interest payments on such debt debt, O&M Expenses and all other costs directly attributable to the Force Majeure Event.

Allocation of costs during subsistence of Force Majeure. Subject to the provisions of Article Clause 15.5 hereinabove, upon occurrence of a Force Majeure Event, the costs arising out of such event shall be allocated as follows: (a) When the Force Majeure Event is a Non Political Event, the Parties shall bear their respective costs and neither Party shall be required to pay to the other Party any costs arising out of any such Force Majeure Event; (b) Where the Force Majeure Event is an Indirect Political Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the "Force Majeure Costs") shall be borne by the Concessionaire to the extent of the Insurance Cover, and to the extent the Force Majeure Costs as duly certified by the Statutory Auditors exceed the Insurance Cover, one half of the same shall be reimbursed by NGS / SMC ITEL to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim thereforeclaim; (c) Where the Force Majeure Event is a Political Event, the Force Majeure Costs to the extent actually incurred and certified by the statutory Auditors of the Concessionaire subject to approval of ITEL shall be reimbursed by NGS / SMC ITEL to the Concessionaire within 90 days from the date of receipt of Concessionaire’s claim thereforeclaim; and (d) NGS / SMC ITEL may at its option reimburse the Force Majeure Costs to the Concessionaire in cash (through adjustment in the concession fee) or compensate the Concessionaire for such costs by appropriate extension of the Concession Period, which extension shall also be given effect within the period of 90 days specified in preceding sub-article (b) or (c) as the case may be. For avoidance of doubt, Force Majeure Costs shall not include any debt repayment obligations but shall include interest payments on such debt and all other costs directly attributable to the Force Majeure Event.clauses

Allocation of costs during subsistence of Force Majeure. Subject to the provisions of Article 15.5 Clause 14.5 hereinabove, upon occurrence of a Force Majeure Event, the costs arising out of such event shall be allocated as follows: (a) When the Force Majeure Event is a Non Political Event, the Parties shall bear their respective costs and neither Party shall be required to pay to the other Party any costs arising out of any such Force Majeure Event; (b) Where the Force Majeure Event is an Indirect Political Event, the costs attributable to such Force Majeure Event and directly relating to the Project (the "“Force Majeure Costs"”) shall be borne by the Concessionaire to the extent of the Insurance Cover, and to the extent Force Majeure Costs as duly certified by the Statutory Auditors and approved by Project Steering Committee exceed the Insurance Cover, one half of the same shall be reimbursed by NGS / SMC DUSIB to the Concessionaire within 90 (ninety) days from the date of receipt of Concessionaire’s Concessionaire‟s claim thereforetherefor; (c) Where the Force Majeure Event is a Political Event, the Force Majeure Costs to the extent actually incurred and certified by the statutory Auditors of Concessionaire and approved by Project Steering Committee shall be reimbursed by NGS / SMC DUSIB to the Concessionaire within 90 (ninety) days from the date of receipt of Concessionaire’s Concessionaire‟s claim thereforetherefor; and (d) NGS / SMC DUSIB may at its option reimburse the Force Majeure Costs to the Concessionaire in cash or compensate the Concessionaire for such costs by appropriate extension of the Concession Period, which extension shall also be given effect within the period of 90 (ninety) days specified in preceding sub-article sub- clause (b) or (c) as the case may be. For avoidance of doubt, Force Majeure Costs shall not include loss of User Charges or any other revenue, any debt repayment obligations but shall include interest payments on such debt debt, maintenance expenses and all other costs directly attributable to the Force Majeure Event.