Common use of Definition of Project Force Majeure Event Clause in Contracts

Definition of Project Force Majeure Event. DRAFT (a) Subject to paragraph (b), a “Project Force Majeure Event” is an event or circumstance, or combination of events or circumstances, occurring after the Signing Date that: (i) is not within the reasonable control of LTES Operator; and (ii) LTES Operator could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, including any Change in Law to the extent it satisfies the above criteria. (b) For the purposes of paragraph (a), the following do not constitute a Project Force Majeure Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of LTES Operator (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a shortage or delay in delivery of materials, consumables, equipment or utilities required by LTES Operator or any failure by LTES Operator to hold sufficient stock of spares, except to the extent it is itself caused by a Project Force Majeure Event; (iii) a malfunction, temporary unavailability, breakdown or failure of LTES Operator’s equipment, property or assets caused by normal wear and tear; (iv) any event or circumstance arising due to a failure by LTES Operator, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (v) strikes, industrial disputes or other industrial actions or disruption that only affect LTES Operator; (vi) failure by any person (other than the other party to this agreement) to perform an obligation, except where such failure is caused by any event or circumstance that, if such event or circumstance had happened to LTES Operator, would have been a Project Force Majeure Event under this agreement; (vii) delay in obtaining any authorisation required to be held by a party to perform its obligations under this agreement; (viii) any lack or excess of any natural resource, including any ‘renewable energy source’ (as defined in Part 6 of the EII Act), at the site of the Project, except for any lack of water required to commission the Project; or (ix) a Connection Force Majeure Event.

Definition of Project Force Majeure Event. DRAFT (a) Subject to paragraph (b), a “Project Force Majeure Event” is an event or circumstance, or combination of events or circumstances, occurring after the Signing Date that: (i) is not within the reasonable control of LTES Operator; and (ii) LTES Operator could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, including any Change in Law to the extent it satisfies the above criteria. (b) For the purposes of paragraph (a), the following do not constitute a Project Force Majeure Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of LTES Operator (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a shortage or delay in delivery of materials, consumables, equipment or utilities required by LTES Operator or any failure by LTES Operator to hold sufficient stock of spares, except to the extent it is itself caused by a Project Force Majeure Event; (iii) a malfunction, temporary unavailability, breakdown or failure of LTES Operator’s equipment, property or assets caused by normal wear and tear; (iv) any event or circumstance arising due to a failure by LTES Operator, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (v) strikes, industrial disputes or other industrial actions or disruption that only affect LTES Operator; (vi) failure by any person (other than the other party to this agreement) to perform an obligation, except where such failure is caused by any event or circumstance that, if such event or circumstance had happened to LTES Operator, would have been a Project Force Majeure Event under this agreement; (vii) delay in obtaining any authorisation required to be held by a party to perform its obligations under this agreement; (viii) any lack or excess of any natural resource, including any ‘renewable energy source’ (as defined in Part 6 of the EII Act), at the site of the Project, except for any lack of water required to commission the Project; or (ix) a Connection Force Majeure Event.

Definition of Project Force Majeure Event. DRAFT (a) Subject to paragraph (b), a “Project Force Majeure Event” is an event or circumstance, or combination of events or circumstances, occurring after the Signing Date that: (i) is not within the reasonable control of LTES Operator; and (ii) LTES Operator could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, including any Change in Law to the extent it satisfies the above criteria. (b) For the purposes of paragraph (a), the following do not constitute a Project Force Majeure Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of LTES Operator (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a shortage or delay in delivery of materials, consumables, equipment or utilities required by LTES Operator or any failure by LTES Operator to hold sufficient stock of spares, except to the extent it is itself caused by a Project Force Majeure Event; (iii) a malfunction, temporary unavailability, breakdown or failure of LTES Operator’s equipment, property or assets caused by normal wear and tear; (iv) any event or circumstance arising due to a failure by LTES Operator, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (v) strikes, industrial disputes or other industrial actions or disruption that only affect LTES Operator; (vi) failure by any person (other than the other party to this agreement) to perform an obligation, except where such failure is caused by any event or circumstance that, if such event or circumstance had happened to LTES Operator, would have been a Project Force Majeure Event under this agreement; (vii) delay in obtaining any authorisation required to be held by a party to perform its obligations under this agreement; (viii) any lack or excess of any natural resource, including any ‘renewable energy source’ (as defined in Part 6 of the EII Act), at the site of the Project, except for any lack ; or [Note: ASL is considering whether unavailability of water required to commission the Project; or for commissioning activities, which is itself caused by a Project Force Majeure Event, should be permitted as FM.] (ix) a Connection Force Majeure Event.

Definition of Project Force Majeure Event. DRAFT (a) Subject to paragraph (b), a “Project Force Majeure Event” is an event or circumstance, or combination of events or circumstances, occurring after the Signing Date that: (i) is not within the reasonable control of LTES Operator; and (ii) LTES Operator could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, including any Change in Law to the extent it satisfies the above criteria. (b) For the purposes of paragraph (a), the following do not constitute a Project Force Majeure Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of LTES Operator (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a shortage or delay in delivery of materials, consumables, equipment or utilities required by LTES Operator or any failure by LTES Operator to hold sufficient stock of spares, except to the extent it is itself caused by a Project Force Majeure Event; (iii) a malfunction, temporary unavailability, breakdown or failure of LTES Operator’s equipment, property or assets caused by normal wear and tear; (iv) any event or circumstance arising due to a failure by LTES Operator, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (v) strikes, industrial disputes or other industrial actions or disruption that only affect LTES Operator; (vi) failure by any person (other than the other party to this agreement) to perform an obligation, except where such failure is caused by any event or circumstance that, if such event or circumstance had happened to LTES Operator, would have been a Project Force Majeure Event under this agreement; (vii) delay in obtaining any authorisation required to be held by a party to perform its obligations under this agreement; (viii) any lack or excess of any natural resource, including any ‘renewable energy source’ (as defined in Part 6 of the EII Act), at the site of the Project, except for any lack ; or [Note: ASL is considering whether unavailability of water required to commission the Project; orfor commissioning activities, which is itself caused by a Project Force Majeure Event, should be permitted as FM.] (ix) a Connection Force Majeure Event.