Common use of Force Majeure During Operating Period Clause in Contracts

Force Majeure During Operating Period. If a Force Majeure Event occurs during the Operating Period, then notwithstanding any other provision of this Agreement: (a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation; (b) no Payment Adjustment (other than Traffic Volume Adjustments) shall be applicable, to the extent that and for so long as the relevant performance was prevented by the Force Majeure Event; (c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event; and (d) if and for so long as all or any portion of the roadways in the New Infrastructure or the Existing Infrastructure is closed to vehicle traffic as a result of the Force Majeure Event, then the O&M Payment, exclusive of the Major Rehabilitation Payment, shall xxxxx proportionately during the period of closure due to the Force Majeure Event, and in that event: (i) subject to subclause (iii), the proportionate abatement shall be based on the number of lane kilometers of the roadway that are not open to vehicle traffic; (ii) each portion of the roadway between interchanges shall be considered fully open to vehicle traffic only to the extent that a vehicle entering either end of that portion of the roadway can travel along the roadway without interruption; and (iii) if the Contractor demonstrates to the satisfaction of the Province, acting reasonably, that the actual reduction in the Contractor’s costs of performing the O&M is other than in proportion to the lane closure, then the proportionate abatement shall be the actual reduction in costs as demonstrated by the Contractor to the satisfaction of the Province, acting reasonably.

Force Majeure During Operating Period. If a Force Majeure Event occurs during the Operating Period, then notwithstanding any other provision of this Agreement: (a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation; (b) no Payment Adjustment (other than Traffic Volume Adjustments) shall be applicable, to the extent that and for so long as the relevant performance was prevented by the Force Majeure Event; (c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event; and (d) if and for so long as all or any portion of the roadways in the New Infrastructure or the Existing Infrastructure is closed to vehicle traffic as a result of the Force Majeure Event, then the O&M Payment, exclusive of the Major Rehabilitation Payment, shall xxxxx proportionately during the period of closure due to the Force Majeure Event, and in that event: (i) subject to subclause (iii), the proportionate abatement shall be based on the number of lane kilometers of the roadway that are not open to vehicle traffic; (ii) each portion of the roadway between interchanges shall be considered fully open to vehicle traffic only to the extent that a vehicle entering either end of that portion of the roadway can travel along the roadway without interruption; and (iii) if the Contractor demonstrates to the satisfaction of the Province, acting reasonably, that the actual reduction in the Contractor’s costs of performing the O&M is other than in proportion to the lane closure, then the proportionate abatement shall be the actual reduction in costs as demonstrated by the Contractor to the satisfaction of the Province, acting reasonably.

Force Majeure During Operating Period. ‌ If a Force Majeure Event occurs during the PNI Operating Period or Operating Period, as applicable, then notwithstanding any other provision of this Agreement: (a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation; (b) no Payment Adjustment (other than Traffic Volume Adjustments) shall be applicable, to the extent that and for so long as the relevant performance was prevented by the Force Majeure Event; (c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event; and (d) if and for so long as all or any portion of the roadways in the New Infrastructure or the Existing Infrastructure is closed to vehicle traffic as a result of the Force Majeure Event, then the O&M Payment, exclusive of the Major Rehabilitation Payment, shall xxxxx proportionately during the period of closure due to the Force Majeure Event, and in that event: (i) subject to subclause (iii), the proportionate abatement shall be based on the number of lane kilometers of the roadway that are not open to vehicle traffic; (ii) each portion of the roadway between interchanges shall be considered fully open to vehicle traffic only to the extent that a vehicle entering either end of that portion of the roadway can travel along the roadway without interruption; and (iii) if the Contractor demonstrates to the satisfaction of the Province, acting reasonably, that the actual reduction in the Contractor’s costs of performing the O&M is other than in proportion to the lane closure, then the proportionate abatement shall be the actual reduction in costs as demonstrated by the Contractor to the satisfaction of the Province, acting reasonably.

Force Majeure During Operating Period. ‌ If a Force Majeure Event occurs during the Operating Period, then notwithstanding any other provision of this Agreement: (a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation; (b) no Payment Adjustment (other than Traffic Volume Adjustments) shall be applicable, to the extent that and for so long as the relevant performance was prevented by the Force Majeure Event; (c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event; and (d) if and for so long as all or any portion of the roadways in the New Infrastructure or the Existing Infrastructure is closed to vehicle traffic inoperable as a result of the Force Majeure Event, then the O&M Payment, exclusive of the Major Rehabilitation Renewal Payment, shall xxxxx proportionately during the period of closure due to the Force Majeure Event, and in that event: (i) subject to subclause (iiiii), the proportionate abatement shall be based on the number of lane kilometers of the roadway that are not open to vehicle traffic; (ii) each portion of the roadway between interchanges shall be considered fully open to vehicle traffic only to the extent Infrastructure that a vehicle entering either end of that portion of the roadway can travel along the roadway without interruptionis not operable; and (iiiii) if the Contractor demonstrates to the satisfaction of the Province, acting reasonably, that the actual reduction in the Contractor’s costs of performing the O&M is other than in proportion to the lane closureportion of the Infrastructure rendered inoperable, then the proportionate abatement shall be the actual reduction in costs as demonstrated by the Contractor to the satisfaction of the Province, acting reasonably.

Force Majeure During Operating Period. If a Force Majeure Event occurs during the Operating Period, then notwithstanding any other provision of this Agreement: (a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation; (b) no Payment Adjustment (other than Traffic Volume Adjustments) shall be applicable, to the extent that and for so long as the relevant performance was prevented by the Force Majeure Event; (c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event; and (d) if and for so long as all or any portion of the roadways in the New Infrastructure or the Existing Infrastructure is closed to vehicle traffic as a result of the Force Majeure Event, then the O&M Payment, exclusive of the Major Rehabilitation Payment, shall xxxxx proportionately during the period of closure due to the Force Majeure Event, and in that event: (i) subject to subclause (iii), the proportionate abatement shall be based on the number of lane kilometers of the roadway that are not open to vehicle traffic;; and (ii) each portion of the roadway between interchanges shall be considered fully open to vehicle traffic only to the extent that a vehicle entering either end of that portion of the roadway can travel along the roadway without interruption; and (iii) if the Contractor demonstrates to the satisfaction of the Province, acting reasonably, that the actual reduction in the Contractor’s costs of performing the O&M is other than in proportion to the lane closure, then the proportionate abatement shall be the actual reduction in costs as demonstrated by the Contractor to the satisfaction of the Province, acting reasonably.