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 Highway is not available to traffic 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 Highway 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 Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 7 contracts

Samples: Model Concession Agreement, Concession Agreement, Concession Agreement

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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 Highway is not available to traffic 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 Highway 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 MPRDC or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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 Highway is not available to traffic 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 Highway 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 MPRDC or the directions of any Government Instrumentality, Instrumentality the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected un-affected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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 Highway is not available to traffic 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 Highway 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 Government or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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 Highway is not available to traffic 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 Highway 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 GOTN, HD or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 1 contract

Samples: Concession Agreement

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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 Highway is not available to traffic 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 Highway 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 MSRDC or the directions direction of any Government Instrumentality, the effect of which is to close all or any part of the Project HighwayProject. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 1 contract

Samples: Concession Agreement

Excuse from performance of obligations. β€Œ 15.13.1 The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Highway is not available to traffic 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 Highway 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, Instrumentality the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.

Appears in 1 contract

Samples: Concession Agreement

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