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 Resort is not available to Users, or the Project Infrastructure is not available for the use of the Resort on account of any of the following for the duration thereof: (a) a Force Majeure Event; (b) measures taken to ensure the safe use of the Resort and Project Infrastructure, 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 Resort or Project Infrastructure. Provided, that any such event and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Expert without any delay. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Resorts open to Users provided that Hospitality Services can be provided 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 Resort Hotel is not available to Users, or the Project Infrastructure is not available for the use of the Resort Hotel on account of any of the following for the duration thereof: (a) a Force Majeure Event; (b) measures taken to ensure the safe use of the Resort Hotel and Project Infrastructure, 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 Resort Hotel or Project Infrastructure. Provided, that any such event and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Expert without any delay. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Resorts Hotels open to Users provided that Hospitality Services can be provided safely.