Common use of Excuse from performance of obligations Clause in Contracts

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; : Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. 17.13.1 The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: . Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Facilities is not available to Users on account of any of the following for the duration thereofof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: ; or (c) Non-provision of adequate raw water, disruptions in power supply etc. Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to UsersFacilities operational, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users Available on account of any of the following for the duration thereof: (a) i. an event of Force Majeure; (b) ii. measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) iii. compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; : Provided further that the Concessionaire shall keep continue to operate all unaffected parts of the Project open to UsersProject, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire Contractor shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire Contractor to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire Contractor to the Authority and the Independent Engineer Engineer-in-charge without any delay; Provided further that the Concessionaire Contractor shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event anevent of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with compliancewith a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Facilities is not available to Users on account of any of the following for the duration thereofof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: ; or Non-provision of adequate raw water, disruptions in power supply etc. Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to UsersFacilities operational, provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to the Users on account of any of the following for the duration thereof: (a) an An event of Force Majeure; (b) during measures taken being undertaken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance Compliance with a request from the Authority / SSNNL / FED or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: . Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority / SSNNL / FED and the Independent Engineer without any delay; Provided further that : Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open to Users, the Users provided they can be operated safely.

Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project facilities is not available to Users on account of any of the following for the duration thereof: (a) an event of a. a Force MajeureMajeure Event; (b) b. measures taken to ensure the safe use of the Project Facilities, except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) c. compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Project Facilities. Provided, that any such non-availability event and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.

Excuse from performance of obligations. ‌ The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof: (a) an event of Force Majeure; (b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or (c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.