Common use of Available Relief for a Force Majeure Event Clause in Contracts

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles pursuant to this Agreement to the extent that the performance of its obligations/ roles was prevented, hindered or delayed due to a Force Majeure Event; (b) each Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles pursuant to this Agreement to the extent that the performance of its obligations/ roles was prevented, hindered or delayed due to a Force Majeure Event; (b) each Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per AppendixAppendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 2024 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 20192024, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles obligations under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II Appendix III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 Regulations 2014 as on seven (7) days prior to the Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019Regulations 2014, then only the Non Escalable Transmission Charges, as applicable to such Element(s)) in the relevant Contract Year, shall be payable paid by the Long Term Transmission Customers as per Schedule 45, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency Lead Long Term Transmission Customer may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s Lead Long Term Transmission Customer‟s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made subject to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Lead Long Term Transmission Charges in accordance Customer‟s personnel complying with Schedule 9all reasonable safety precautions and standards.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles pursuant to this Agreement to the extent that the performance of its obligations/ roles was prevented, hindered or delayed due to a Force Majeure Event; (b) each Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles under Articles 3.3.4, 4.4.2 and and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per AppendixAppendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 2024 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 20192024, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency may, if it so desires, from time to time on one one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles obligations under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per AppendixAppendix –II to of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 2019, as amended from time to time, as on seven (7) days prior to the Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II to of the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019, as amended from time to time, then only the Non Escalable Transmission Charges, as applicable to such Element(s)) in the relevant Contract Year, shall be payable paid by the Long Term Transmission Customers as per Schedule 45, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency Lead Long Term Transmission Customer may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal AgencyLead Long Term Transmission Customer’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made subject to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Lead Long Term Transmission Charges in accordance Customer’s personnel complying with Schedule 9all reasonable safety precautions and standards.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles pursuant to this Agreement to the extent that the performance of its obligations/ roles was prevented, hindered or delayed due to a Force Majeure Event; (b) each Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles under Articles 3.3.4, 4.4.2 and and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per AppendixAppendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 2024 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II IV to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 20192024, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.

Available Relief for a Force Majeure Event. Subject to this Article 11,12: (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for in relation to a Force Majeure Event affecting its performance in relation regard to its obligations/ roles obligations, and c) in case of a Non-Natural Force Indirect Majeure Event affecting the Procurer which adversely affects the performance obligations of the Seller under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement, the following provisions shall apply. (c) For i. if the avoidance of doubt, it is clarified that the computation of average Availability of the Element(sPower Station is reduced below sixty (60) under outage due to Force Majeure Eventpercent for over two (2) consecutive months or for any nonconsecutive period of four (4) months both within any continuous period of sixty (60) months, then, with effect from the end of that period and for so long as per Article 11.3 affecting the TSP shall be as per Appendix–II to Central Electricity Regulatory Commission (Terms and Conditions daily average availability of Tariff) Regulations, 2019 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed Power Station continues to be available as per Appendix –II to Central Electricity Regulatory Commission reduced below sixty (Terms and Conditions of Tariff60) Regulationspercent, 2019, then the Transmission Charges, as applicable to such Element(s), Procurer shall be payable as per Schedule 4, make payments for Debt Service for the duration of such event(s)force majeure. (d) ii. For so long as the TSP Seller is claiming relief due to any Natural Force Majeure Event affecting the Procurer under this Agreement, the Nodal Agency may, if it so desires, Procurer may from time to time on one (1) day notice, days notice inspect the Project and the TSP Seller shall provide the Nodal Agency’s Procurer's personnel with access to the Project to carry out such inspections, subject to the Procurer's personnel complying with all reasonable safety precautions and standards. d) In the case of an unnatural event of direct force majeure preventing the Seller from his obligations: i. The Procurer will pay all incurred expenses, operational costs, bills and invoices, even though the Seller does not procure any electricity for resale to the Procurer (e) For avoidance Full responsibility of doubtProcurer). In this case, the TSP acknowledges that for extension Seller may terminate the contract, as a breach of Scheduled COD a period up contract on behalf of the Procurer, with prejudice, and the Procurer will pay all costs and Penalties to one hundred eighty (180) days due to Force Majeure eventSeller, no compensation on whereby the grounds such costs and penalties are the same as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment referenced in the Transmission Charges in accordance with Schedule 9Municipal Solid Waste Concession Agreement.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles obligations under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II Appendix III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) RegulationsRegulations 2014, 2019 as on seven (7) days prior to the Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019Regulations 2014, then only the Non Escalable Transmission Charges, as applicable to such Element(s)) in the relevant Contract Year, shall be payable paid by the Long Term Transmission Customers as per Schedule 45, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency Lead Long Term Transmission Customer may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal AgencyLead Long Term Transmission Customer’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made subject to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Lead Long Term Transmission Charges in accordance Customer’s personnel complying with Schedule 9all reasonable safety precautions and standards.

Available Relief for a Force Majeure Event. 9.7.1 Subject to this Article 11,9: (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for in relation to a Force Majeure Event affecting its performance in relation regard to its obligations/ roles obligations, including but not limited to those specified under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement.Article 4.7; (c) For the avoidance of doubt, it is clarified that no Tariff shall be paid by the computation Procurer(s) for the part of Availability of the Element(s) under outage due to Contracted Capacity or part thereof affected by a Natural Force Majeure Event, as per Article 11.3 Event affecting the TSP shall be as per Appendix–II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations……………… [Insert “Seller” if Seller is NOT a Trading Licensee, 2019 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4or insert “Developer” if Seller is a Trading Licensee], for the duration of such event(sNatural Force Majeure Event affecting the …………………… [Insert “Seller” if Seller is NOT a Trading Licensee, or insert “Developer” if Seller is a Trading Licensee]. For the balance part of the Contracted Capacity, the Procurer(s) shall pay the Tariff to the Seller, provided during such period of Natural Force Majeure Event affecting the ……………… [Insert “Seller” if Seller is NOT a Trading Licensee, or insert “Developer” if Seller is a Trading Licensee], the balance part of the Power Station is declared to be Available for scheduling and dispatch as per ABT for supply of power by the Seller to the Procurer(s).; In case of a Natural Force Majeure Event affecting the Procurer(s) no Tariff shall be paid by the Procurer(s) to the Seller for the duration of such Natural Force Majeure Event affecting the Procurer(s) ; (d) For [Insert in the case of long term procurement and when the Seller is not a Trading Licensee] If the average Availability of the Power Station is reduced below …… [Insert “eighty percent (80%) of Normative Availability” in case of base load procurement, or “ninety-five percent (95%) of Normative Availability” in case of diurnal load or seasonal load requirement] for over two (2) consecutive months or for any non consecutive period of four (4) months both within any continuous period of …………… [Procurer to insert number of months, based on the duration for procurement] Months, as a result of an Indirect Non Natural Force Majeure Event, then, with effect from the end of such two (2) consecutive months or four (4) non consecutive months so long as the TSP is claiming relief due daily average Availability of the Power Station continues to any be reduced below …… [Insert “eighty percent (80%) of Normative Availability” in case of base load procurement, or “ninety-five percent (95%) of Normative Availability” in case of diurnal load or seasonal load requirement] as a result of an Indirect Non Natural Force Majeure Event under this Agreementof any kind, the Nodal Agency mayProcurer(s) shall make payments for Debt Service, if it so desiressubject to a maximum of Capacity Charges based on Normative Availability which are due under the Financing Agreements and these amounts shall be paid from the date, being the later of a) the date of cessation of such Indirect Non Natural Force Majeure Event and b) the completion of sixty (60) days from time to time on one (1the receipt of the Financing Agreements by the Procurer(s) day noticefrom the Seller, inspect in the Project and the TSP form of an increase in Capacity Charge. Provided payments for such Debt Service shall provide the Nodal Agency’s personnel with access be limited to the Project Debt Service proportional to carry out the Contracted Capacity of the Procurer(s) from the Power Station. Provided such inspectionsCapacity Charge increase shall be determined by Appropriate Commission the basis of putting the Seller in the same economic position as the Seller would have been in case the Seller had been paid Debt Service in a situation where the Indirect Non Natural Force Majeure Event had not occurred. Provided that the Procurer(s) will have the above obligation to make payment for the Debt Service only (a) after supply of power from the Power Station affected by such Indirect Non Natural Force Majeure Event has started, and (b) only if in the absence of such Indirect Non Natural Force Majeure Event, the Availability of Power Station would have resulted in Capacity Charges equal to Debt Service. (e) For avoidance If the average Availability of doubtthe Power Station is reduced below Normative Availability for over two (2) consecutive months or for any non consecutive period of four (4) months both within any continuous period of …………… [Procurer to insert number of months, based on the duration for procurement], as a result of a Direct Non Natural Force Majeure Event attributable to the Procurer(s), then, with effect from the end of such two (2) consecutive months or four (4) non consecutive months and for so long as the daily average Availability of the Power Station of the ……………. [Insert “Seller” if Seller is NOT a Trading Licensee, or “Developer” if Seller is a Trading Licensee] continues to be reduced below Normative Availability as a result of a Direct Non Natural Force Majeure Event attributable to the Procurer(s), the TSP acknowledges that for extension of Scheduled COD Seller may elect through a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made written notice to the TSP. HoweverProcurer(s), if Scheduled COD is extended beyond a period to deem the Availability to be equal to Normative Availability from the end of one hundred eighty such two (1802) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.consecutive months or four

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles obligations under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II Appendix III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 as Regulations 2014,as on seven (7) days prior to the Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019Regulations 2014, then only the Non Escalable Transmission Charges, as applicable to such Element(s)) in the relevant Contract Year, shall be payable paid by the Long Term Transmission Customers as per Schedule 45, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency Lead Long Term Transmission Customer may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal AgencyLead Long Term Transmission Customer’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made subject to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Lead Long Term Transmission Charges in accordance Customer’s personnel complying with Schedule 9all reasonable safety precautions and standards.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no No Party shall be in breach of its obligations/ roles pursuant to this Agreement to the extent that the performance of its obligations/ roles was prevented, hindered or delayed due to a Force Majeure Event; (b) each Each Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles under Articles 3.3.4, 4.4.2 and and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 as on Bid Deadline. For the event(s) for which the Element(s) is/are deemed to be available as per Appendix –II to Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019, then the Transmission Charges, as applicable to such Element(s), shall be payable as per Schedule 4, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Transmission Charges in accordance with Schedule 9.

Available Relief for a Force Majeure Event. Subject to this Article 11, (a) no Party shall be in breach of its obligations/ roles obligations pursuant to this Agreement except to the extent that the performance of its obligations/ roles obligations was prevented, hindered or delayed due to a Force Majeure Event; (b) each every Party shall be entitled to claim relief for a Force Majeure Event affecting its performance in relation to its obligations/ roles obligations under Articles 3.3.4, 4.4.2 and 6.3.1 of this Agreement. (c) For the avoidance of doubt, it is clarified that the computation of Availability of the Element(s) under outage due to Force Majeure Event, as per Article 11.3 affecting the TSP shall be as per Appendix–II Appendix III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019 Regulations 2014 as on seven (7) days prior to the Bid Deadline. For the event(s) for which the Element(s) is/is/ are deemed to be available as per Appendix –II III to the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2019Regulations 2014, then only the Non Escalable Transmission Charges, as applicable to such Element(s)) in the relevant Contract Year, shall be payable paid by the Long Term Transmission Customers as per Schedule 45, for the duration of such event(s). (d) For so long as the TSP is claiming relief due to any Force Majeure Event under this Agreement, the Nodal Agency Lead Long Term Transmission Customer may, if it so desires, from time to time on one (1) day notice, inspect the Project and the TSP shall provide the Nodal Agency’s Lead Long Term Transmission Customer‟s personnel with access to the Project to carry out such inspections. (e) For avoidance of doubt, the TSP acknowledges that for extension of Scheduled COD a period up to one hundred eighty (180) days due to Force Majeure event, no compensation on the grounds such as interest cost, incident expenditure, opportunity cost will be made subject to the TSP. However, if Scheduled COD is extended beyond a period of one hundred eighty (180) days due to Force Majeure event, the TSP will be allowed to recover the interest cost during construction corresponding to the period exceeding one hundred eighty (180) days by adjustment in the Lead Long Term Transmission Charges in accordance Customer‟s personnel complying with Schedule 9all reasonable safety precautions and standards.