Force Majeure Event. 16.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
16.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:
(a) promptly notify the other; and
(b) inform the other of the period for which it is estimated that such failure or delay will continue.
16.3 A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
Force Majeure Event. After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, by reason of force majeure or act of state occurring after a Transaction is entered into, on any day:—
(1) the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction is prevented from performing any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, from receiving a payment or delivery in respect of such Transaction or from complying with any other material provision of this Agreement relating to such Transaction (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such Office so to perform, receive or comply (or it would be impossible or impracticable for such Office so to perform, receive or comply if such payment, delivery or compliance were required on that day); or
(2) such party or any Credit Support Provider of such party (which will be the Affected Party) is prevented from performing any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, from receiving a payment or delivery under such Credit Support Document or from complying with any other material provision of such Credit Support Document (or would be so prevented if such payment, delivery or compliance were required on that day), or it becomes impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply (or it would be impossible or impracticable for such party or Credit Support Provider so to perform, receive or comply if such payment, delivery or compliance were required on that day), so long as the force majeure or act of state is beyond the control of such Office, such party or such Credit Support Provider, as appropriate, and such Office, party or Credit Support Provider could not, after using all reasonable efforts (which will not require such party or Credit Support Provider to incur a loss, other than immaterial, incidental expenses), overcome such prevention, impossibility or impracticability;
Force Majeure Event. Any of the following events which is beyond the control of the Party claiming to be affected thereby (“Affected Party”) despite exercise of due care and diligence, and prevents the Affected Party from performing or discharging its obligations under this Agreement, shall constitute Force Majeure Event:
(a) act of God or
(b) strikes, labour disruptions, riots or any other industrial disturbances not arising on account of the acts or omissions of the Developer, for which no offsetting compensation is payable to the Developer;
(c) acts of expropriation, compulsory takeover of the Project Site and Project Facilities by the Government or any part thereof or
(d) any judgement or any order of a court of competent jurisdiction or statutory authority in India made against the Developer in any proceedings which is non-collusive and duly prosecuted by the Developer.
Force Majeure Event. 9.1 Subject to the provisions of this Electricity Agreement, a party which is affected by a Force Majeure Event (the “Affected Party”) shall not be liable to the other party (the “Non-Affected Party”) for any failure or delay in the performance of any obligation under this Electricity Agreement to the extent that such failure or delay is due to a Force Majeure Event, provided that the Affected Party invoking this Clause 9 shall only be excused from performance pursuant to this Clause:
(a) for so long as the Force Majeure Event continues and for such reasonable period of time thereafter as may be necessary for the Affected Party to resume performance of its obligations; and
(b) where and to the extent that the failure or delay in performance would not have been experienced but for such Force Majeure Event. Notwithstanding any provision in the Electricity Agreement, no Force Majeure Event shall excuse the obligation of a Party to make payment under this Electricity Agreement.
9.2 Where the Affected Party invokes this Clause 9, it shall give notice (“Force Majeure Notice”) to the Non-Affected Party:
(a) of the invocation of this Clause 9 as soon as reasonably practicable but in any event within three (3) Business Days of the date on which the Affected Party becomes aware of the occurrence of the Force Majeure Event, which notice shall include full particulars of the Force Majeure Event (to the extent available to the Affected Party) and of the effect that such Force Majeure Event is having on the Affected Party’s performance of its obligations under this Electricity Agreement; and
(b) of the cessation of the Force Majeure Event, of the cessation of the effects of the Force Majeure Event on the Affected Party’s performance of its obligations under this Electricity Agreement, and of the date on which the Affected Party shall resume performance of its obligations.
9.3 Where an Affected Party invokes a Force Majeure Event, it shall:
(a) use reasonable endeavours to mitigate or alleviate the effects of the Force Majeure Event on the performance of its obligations under this Electricity Agreement; or
(b) continue to comply with its obligations under this Electricity Agreement to the extent that it is possible.
9.4 In the event the Force Majeure Event continues for a period of more than thirty (30) consecutive calendar days, either Party may terminate this Electricity Agreement in accordance with Clause 11.3.
9.5 Force Majeure shall not relieve any Party from its ob...
Force Majeure Event. An act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, an order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or another cause beyond a Party’s control. A Force Majeure Event does not include an act of negligence or intentional wrongdoing.
Force Majeure Event. A Force Majeure Event occurs if:
(a) a party fails to comply with or observe any provision of this Agreement (other than payment of any amount due);
(b) such failure is caused by:
(i) any event or circumstance occasioned by, or in consequence of, any natural disaster, being an event or circumstance:
(A) due to natural causes, directly or indirectly and exclusively without human intervention; and
(B) that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
(ii) strikes, lockouts, other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, aircraft or civil disturbances;
(iii) the binding order or requirement of any court, any government, any local authority, the Rulings Panel, the Electricity Authority, or the System Operator, which the party could not reasonably have avoided;
(iv) the partial or entire failure of supply or availability of electricity to the Network; or
(v) any other event or circumstance beyond the control of the party invoking this clause 21.1; and
(c) the failure did not occur because the party invoking this clause failed to act in accordance with Good Electricity Industry Practice.
Force Majeure Event. Each party is excused from performance under Section B of this Supplemental Agreement and shall not be liable for any delay in performance or non-performance, in whole or in part, caused by the occurrence of any event or contingency beyond the control of the parties including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, natural disasters, acts of God, acts of war or terrorism, actions or decrees of governmental bodies, and similar occurrences. The party who has been so affected shall promptly give written notice to the other party and shall use its best efforts to resume performance. Upon receipt of such notice, all obligations under this Section B of this Supplemental Agreement shall be immediately suspended for the duration of such Force Majeure Event.
Force Majeure Event. Seller shall be permitted to reduce deliveries of Product during any Force Majeure Event.
Force Majeure Event. For the purpose of this Client Agreement, a Force Majeure Event means any occurrence or non-occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations (other than a payment obligation) under this Client Agreement and that is beyond the reasonable control of that party, including forces of nature, industrial action and action or inaction by a Government Agency. A Force Majeure Event includes, but not limited to:
(a) where we are, in our opinion, unable to maintain an orderly market in our Products in respect of any one or more of the Underlying Instruments as a result of the occurrence of any act, omission or event (including but not limited to any circumstance beyond our control such as strike, riot, civil unrest or failure of power supply, communications or other infrastructure);
(b) the suspension, closure, liquidation or abandonment of any relevant market or Underlying Instruments;
(c) the imposition of conditions, limits or special or unusual terms in the relevant markets or Underlying Instruments;
(d) the imposition of conditions, limits or special or unusual terms on us by our hedging counterparties;
(e) the excessive movement, volatility or loss of liquidity in the relevant markets or Underlying Instruments; or
(f) where we reasonably anticipate that any of the circumstances set out in paragraphs 26.1(a) to 26.1(e) of this Client Agreement are about to occur.
Force Majeure Event. The Company acknowledges that none of the negotiation, preparation and execution of this document, its ratification under clause 2, the approval of changes in the Drawings under clause 6 and their tabling in Parliament in accordance with the Casino (Management Agreement) Act 1993, or any of the circumstances relating to or giving rise to the creation of this document has or will cause or create any Government Action or Force Majeure Event.
