Common use of Effect of Force Majeure Event on the Concession Clause in Contracts

Effect of Force Majeure Event on the Concession. 29.6.1 Upon occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 for achieving the Financial Close, shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project COD, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account of partial suspension of services which cause the Gross Revenue to decline below [75% (seventy five per cent)] of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years], the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force Majeure. For the avoidance of doubt, loss of [25% (twenty five per cent)] in Gross Revenue for [4 (four)] days as compared to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] shall entitle the Concessionaire to the extension of [1 (one)] day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 (a) Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 this Agreement for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 (b) At any time after the Appointed Date, if any Force Majeure Event occurs: (ai) before Project CODwhich has Material Adverse Effect on the construction of the Phase I, , the Concession Period and the dates set forth in the Project Completion Schedule in respect of Phase I shall be be, subject to Applicable Laws, extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (bii) after Project CODwhich has Material Adverse Effect on the operation of Existing Hospital (Phase 0) , whereupon the Concessionaire is unable to provide the Resort render Healthcare Services and Project Infrastructure services collect Fee despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services collection thereof during the subsistence of such Force Majeure Event, the Concession Operation Period of Phase 0 shall be be, subject to Applicable Laws, extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services collection of Fee on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services collection of Fee on account of partial suspension of services inability or suspension, as the case may be, which cause causes the Gross Revenue daily collection to decline below [7590% (seventy five per cent)] of the Average Daily Gross Revenue Fee, the Authority shall extend the Operation Period of Phase 0 in proportion to the loss of Fee on a daily basis. For the avoidance of doubt, loss of 25% in collection of Fee as compared to the Average Daily Fee for 4 (four) days shall entitle the corresponding Concessionaire to extension of 1 (one) day in the Operation Period of Phase 0; (iii) after COD of Phase I of the Project, whereupon the Concessionaire is unable to render Healthcare Services and collect Fee despite making best efforts or it is directed by the Authority to suspend the collection thereof during the subsistence of such Force Majeure Event, the Concession Period and/or Operation Period of Phase I shall be, shall be, subject to Applicable Laws, extended by a period, equal in length to the period over during which the preceding [2 (two) years]Concessionaire was prevented from collection of Fee on account thereof; provided that in the event of reduction in collection of Fee on account of partial inability or suspension, as the case may be, which causes the daily collection to decline below 90% of the Average Daily Fee, the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on a daily basis. For the avoidance of doubt, loss of [25% (twenty five per cent)] in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 4 (twofour) years] days shall entitle the Concessionaire to the extension of [1 (one)] ) day in the Concession Period.;

Effect of Force Majeure Event on the Concession. 29.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 Clause 13.1 for achieving the Financial Close, Appointed Date shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 At . If any time Force Majeure Event occurs after the Appointed Date, if any Force Majeure Event occurs: (a) before Project COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project COD, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services collect Fee despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services collection f Fee on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account partial collection of partial suspension of services which cause Fee where the Gross Revenue to decline below [75daily collection is less than 90% (seventy five ninety per cent)] ) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Fee, the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on a daily basis. For the avoidance of doubt, loss of [25% (twenty five per cent)] percent) in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 (two) years] four days shall entitle the Concessionaire to the extension of [1 (one)] 1(one) day in the Concession Period. Upon occurrence of any Force Majeure Event prior to Appointed Date, the Parties shall bear their respective costs and no Party shall be required to pay to the other Party any costs thereof. Upon occurrence of a Force Majeure Event after 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; 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; or upon occurrence of an Indirect Political Event or a Political Event, all Force Majeure costs attributable to such Indirect political Event or Political Event, and not exceeding Insurance Cover shall be borne by Concessionaire, and to the extent Force Majeure Costs exceeds such Insurance Cover, one half of such costs shall be reimbursed by the Authority to the Concessionaire. 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 Fee revenues or debt repayment obligations, and for determining such costs in respect of interest payment on Debt, information contained in the copy of certified Financing Agreement and financial package furnished by Concessionaire may be relied upon to the extent it is relevant. Save and except as expressly provided in this Article 27, 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.

Effect of Force Majeure Event on the Concession. 29.6.1 35.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 Clause 28.1.1 for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 35.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project CODCOD of the Hospital and/or Health Centres, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project CODCOD of the Hospital and/or Health Centres, as the case may be, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services render Healthcare Services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services Healthcare Services during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services Healthcare Services on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account partial collection of partial suspension of services which cause Fee where the Gross Revenue to decline below [75daily collection is less than 90% (seventy five ninety per cent)] ) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Fee, the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on a daily basis. For the avoidance of doubt, loss of [25% (twenty five per cent)] ) in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 (two) years] four days shall entitle the Concessionaire to the extension of [1 (one)] one day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 Upon 14.6.1 The Concessionaire shall be eligible for extensions as provided hereunder only on the occurrence of any Force Majeure Event prior Events, with respect to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 for achieving the Financial Close, shall be extended by a period equal in length to the duration of the Force Majeure EventProject. 29.6.2 At a. at any time after the Appointed Effective Date, if any Force Majeure Event occurs: (a) before Project COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) I. after Project CODCommissioning, whereupon the Concessionaire is unable to provide operate and maintain the Resort and Project Infrastructure services Facility(s) in terms of the Concession Agreement despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services during the subsistence of such Force Majeure Eventefforts, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing unable to perform its obligation under the aforesaid services on account thereof; Agreement. 14.6.2 Save and except as expressly provided that in this ARTICLE 14, 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. 14.6.3 Notwithstanding anything contained in this ARTICLE 14, in the event Force Majeure Event subsists for a continuous period of reduction 180 days, Authority shall be entitled to terminate this Agreement in Resort and Project Infrastructure services on account of partial suspension of services which cause the Gross Revenue to decline below [75% (seventy five per cent)] of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years], case the Authority shall extend pay to the Concessionaire the pro-rata Annual Management Fee and Salary Component payable for the period during which Concessionaire has carried out its obligations in compliance with the Concession Period Agreement, in proportion to the loss terms hereof until date of such Gross Revenue termination. The Performance Security shall also be returned in case of such termination by adjusting any due to Force Majeure. For the avoidance of doubt, loss of [25% (twenty five per cent)] in Gross Revenue for [4 (four)] days as compared to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] shall entitle the Concessionaire to the extension of [1 (one)] day in the Concession PeriodAuthority.

Effect of Force Majeure Event on the Concession. 29.6.1 35.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 Clause 28.1.1 for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 35.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project CODCOD of the Facility , the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project CODCOD of the Facility, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services render Healthcare Services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services Healthcare Services during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services Healthcare Services on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account partial collection of partial suspension of services which cause Fee where the Gross Revenue to decline below [75daily collection is less than 90% (seventy five ninety per cent)] ) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Fee, the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on a daily basis. For the avoidance of doubt, loss of [25% (twenty five per cent)] ) in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 (two) years] four days shall entitle the Concessionaire to the extension of [1 (one)] one day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 34.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 Clause 24.1.1 for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 34.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before the Project CODCompletion Date, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after the Project CODCompletion Date, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services collect Fee despite making best efforts or it is directed by the Authority or any Governmental Instrumentality MPRDC to suspend the aforesaid services collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services collection of Fee on account thereof; , provided that in the event of reduction in Resort and Project Infrastructure services on account partial collection of partial suspension of services which cause Fee where the Gross Revenue to decline below [75daily collection is less than 90% (seventy five per cent)] ninety percent) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Fee, the Authority MPRDC shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on daily basis. For the avoidance of doubt, loss of [25% (twenty five per cent)] percent) in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 (two) years] four days shall entitle the Concessionaire to the extension of [1 (one)] one day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 Upon occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 for achieving the Financial Close, shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project CODCOD of Phase I, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project CODCOD of Phase I, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account of partial suspension of services which cause the Gross Revenue to decline below [75% (seventy five per cent)] of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years], the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force Majeure. For the avoidance of doubt, loss of [25% (twenty five per cent)] in Gross Revenue for [4 (four)] days as compared to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] shall entitle the Concessionaire to the extension of [1 (one)] day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Compliance Date, the period set forth in Article Clause 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 for achieving the Financial Close, Concessionaire Condition Precedent shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 . At any time after the Appointed Compliance Date, if any Force Majeure Event occurs: (a) before the Project CODCompletion Date, the Concession Period and the dates set forth in the Project Completion Schedule shall shall, be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after the Project CODCompletion Date, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services collect Fee despite making best efforts or it is directed by the Authority or any Governmental Instrumentality / SSNNL / FED to suspend the aforesaid services collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services collection of Fee on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account partial collection of partial suspension of services which cause Fee where the Gross Revenue to decline below [75daily collection is less than 90% (seventy five ninety per cent)] ) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Fee, the Authority / SSNNL / FED shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force MajeureFee on a daily basis. For the avoidance of doubt, loss of [25% (twenty twenty-five per cent)] ) in Gross Revenue for [4 (four)] days collection of Fee as compared to the Average Daily Gross Revenue Fee for the corresponding period during the preceding [2 4 (twofour) years] days shall entitle the Concessionaire to the extension of [1 (one)] ) day in the Concession Period.

Effect of Force Majeure Event on the Concession. 29.6.1 19.6.1. Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, Precedent and in Article 23.1 19.1 for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 19.6.2. At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project CODthe COD of the first Rake, the Concession Period and the dates set forth in the Project Completion Schedule SCOD shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project CODthe COD of the first Rake, whereupon the Concessionaire Service Provider is unable to provide the Resort perform its duties, obligations and Project Infrastructure services responsibilities under this Agreement, despite making best efforts or it is directed by the Authority or any Governmental Government Instrumentality to suspend the aforesaid services duties, obligations and responsibilities of the Service Provider under this Agreement during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period equal in length to the period during which the Concessionaire Service Provider was prevented from providing the aforesaid services its duties, obligations and responsibilities under this Agreement on account thereof; provided that in . 19.7. Allocation of costs arising out of Force Majeure 19.7.1. Upon occurrence of any Force Majeure Event prior to the event of reduction in Resort and Project Infrastructure services on account of partial suspension of services which cause the Gross Revenue to decline below [75% (seventy five per cent)] of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Appointed Date, the Authority Parties shall extend the Concession Period in proportion bear their respective costs and no Party shall be required to pay to the loss other Party any costs thereof. 19.7.2. 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: (a) 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; (b) upon occurrence of an Indirect Political Event, all Force Majeure Costs attributable to such Indirect Political Event, and not exceeding the Insurance Cover for such Indirect Political Event, shall be borne by the Service Provider, and to the extent Force Majeure Costs exceed such Insurance Cover, one half of such Gross Revenue due excess amount shall be reimbursed by the Authority to the Service Provider; and (c) upon occurrence of a Political Event, all Force MajeureMajeure Costs attributable to such Political Event shall be reimbursed by the Authority to the Service Provider. 19.7.3. For the avoidance of doubt, Force Majeure Costs may include interest payments on debt, O&M Expenses, any increase in other costs on account of inflation and all other costs directly attributable to the Force Majeure Event, but shall not include loss of [25% (twenty five per cent)] income or debt repayment obligations, and for determining such costs, information contained in Gross Revenue for [4 (four)] days as compared the Financial Package may be relied upon to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] extent that such information is relevant. 19.7.4. Save and except as expressly provided in this Article 19, neither Party shall entitle the Concessionaire be liable in any manner whatsoever to the extension other Party in respect of [1 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. 19.8. Compensation for loss of food grains due to Force Majeure Event (one)] day a) upon occurrence of a Non-Political Event, any loss or shortfall in food grains arising therefrom, but not exceeding the Concession PeriodInsurance Cover, shall be borne by the Service Provider and paid to the Authority; (b) upon occurrence of an Indirect Political Event, any loss or shortfall in food grains arising therefrom, but not exceeding the Insurance Cover, shall be borne by the Service Provider and paid to the Authority; (c) upon occurrence of a Political Event, the Service Provider shall not be required to bear any loss or shortfall arising therefrom and such loss or shortfall shall be borne by the Authority.

Effect of Force Majeure Event on the Concession. 29.6.1 29.6.1. Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 Clause 22.1.1 for achieving the Financial Close, Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 29.6.2 29.6.2. At any time after the Appointed Date, if any Force Majeure Event occurs: (a) before Project COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or (b) after Project COD, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services Storage Services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period period, equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services service on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services Storage Capacity where the Availability on account of partial suspension of services which cause the Gross Revenue to decline below [75any day is less than 90% (seventy five ninety per cent)] ) of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years]Availability, the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue Availability due to Force Majeure. For the avoidance of doubt, loss of [25% (twenty twenty-five per cent)] ) in Gross Revenue Availability for [4 (four)] four days as compared to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] Availability shall entitle the Concessionaire to the extension of [1 (one)] one day in the Concession Period.