FORCE MAJEURE EVENTS OR ACTS OF GOD Sample Clauses

FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1. The construction stage, which runs from the Closing Date to the Startup of Commercial Operation, shall be subject to the provisions established in Clauses 10.2 to 10.
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FORCE MAJEURE EVENTS OR ACTS OF GOD. 10.1 The construction stage, which runs from the Closing Date to the Commercial Start-Up, shall be subject to the provisions established in Clauses 10.2 to 10.8. Starting with the Project’s integration into the SEIN declared by the COES up to the expiration of the Contract term, the research, assignment of responsibilities, determination and payment of compensations, review or challenge, request for force majeure or acts of God for issues involving the interruption of the supply, as well as any other matters related to the NTCSE, as supplemented, shall follow the provisions established in said standards, as supplemented or amended, and the Applicable Laws and Provisions. 10.2 None of the Parties shall be held responsible for the failure to perform an obligation, or for the partial, late, or defective performance thereof, if such failure is due to a force majeure event or act of God. 10.3 For the purposes of Clause 10.2, force majeure events or acts of God shall be considered to mean any event, condition, or circumstance not attributable to the Parties, interchangeably, of an extraordinary, unforeseeable, and unavoidable nature, that may prevent any of them from complying with the obligations under their responsibility, or cause the partial, late, or defective performance thereof. The event shall be out of the reasonable control of the Party invoking the grounds, which, despite all reasonable efforts to prevent or mitigate its effects, is unable to avoid the occurrence of the situation of default. Force majeure events or acts of God include, but are not limited to the following, provided the foregoing definition is met: a) Any act of external, internal, or civil war (whether declared or not), siege state, invasion, armed conflict, embargo, revolution, mutiny, insurrection, civil disturbance, or acts of terrorism, that prevent the CONCESSIONAIRE from fulfilling its obligations during the Contract term. b) Any strike or stoppage by workers who do not have a labor or business relationship with the CONCESSIONAIRE or its suppliers that prevents the CONCESSIONAIRE from fulfilling its obligations during the Contract term. c) Any protest, act of violence or force carried out by communal, social, union, or political organizations that directly affect the CONCESSIONAIRE due to causes not of its own intention, which are not attributable to it and that exceed its reasonable control. d) The discovery of archaeological and/or paleontological remains that prevent the CONC...
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FORCE MAJEURE EVENTS OR ACTS OF GOD a) Either of the Parties may terminate the Contract in case of the occurrence of a force majeure event or act of God, as per Clause 10.3, and such event or its effects cannot be overcome within twelve (12) consecutive months following the start of the event. In such case, the Parties shall proceed in accordance with Clause 13. 8. Additionally, once the Commercial Set-Up has occurred, for the force majeure event or act of God to be considered grounds for the termination of the Contract, it shall entail a loss of operating capacity in excess of sixty percent (60%) of the capacity achieved at the time of occurrence of the force majeure event or act of God, except in the case of Total Destruction. b) In case of Total Destruction, the Parties shall proceed as follows: i. The Parties shall evaluate the technical and economic advisability of repairing the damages and the terms and conditions under which the reconstruction and recommencement of the Service would be carried out. ii. The Contract shall be automatically terminated once sixty (60) Days pass as from the occurrence of the Total Destruction, without the Parties reaching an agreement in accordance with the preceding item. In such case, the deadline established in Clause 13.6, Item a) shall not apply. iii. For purposes of the provisions established in Clause 13.14, the product of the insurance policy indemnity in the restoration, replacement, or repair of the damaged assets, plus the amounts obtained from the tendering of the Concession Assets not affected by the Total Destruction, shall be considered “the product of the tender.” iv. The trustee referred to in Clause 7.6, Item b), shall pay the Concession debts, following the order of priority established in Clause 13.14, Item a).
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Related to FORCE MAJEURE EVENTS OR ACTS OF GOD

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Force Majeure Events a) Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPG or of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; vi) earthquakes, explosions, accidents, landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; or ix) damage to or breakdown of transmission facilities of GETCO/ DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years.

  • Force Majeur In case the Show Facility is damaged or destroyed, or in case of war, government regulations or any other circumstances whatsoever which will make it impossible or impractical for Show Management to permit Exhibitor to occupy the exhibit space described in this Agreement, this Agreement will terminate and Exhibitor will waive any claim for damages for compensation except the pro rata return of the amount paid for space rented, diminished only by a pro rata portion of the amounts expended to produce the Show.

  • Acts of God In the event either party is unable to perform its obligations under the terms of this Management Agreement, despite having taken commercially reasonable precautions, because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. The Manager and the Trust shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.

  • 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;

  • Events of Force Majeure Neither Party shall be held liable or responsible to the other Party nor be deemed to be in default under, or in breach of any provision of, this Agreement for failure or delay in fulfilling or performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure is defined as causes beyond the control of the Party, including, without limitation, acts of God; acts, regulations, or laws of any government; war; civil commotion; destruction of production facilities or materials by fire, flood, earthquake, explosion or storm; labor disturbances; epidemic; and failure of public utilities or common carriers. In such event Medistem or Licensee, as the case may be, shall immediately notify the other Party of such inability and of the period for which such inability is expected to continue. The Party giving such notice shall thereupon be excused from such of its obligations under this Agreement as it is thereby disabled from performing for so long as it is so disabled and the 30 days thereafter. To the extent possible, each Party shall use reasonable efforts to minimize the duration of any force majeure.

  • FORCE MAJEURE CIRCUMSTANCES Lithium Hosting, llc CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood or other natural disaster, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

  • MAJEURE 24.1 Neither Partner shall be entitled to bring a claim for a breach of obligations under this Agreement by the other Partner or incur any liability to the other Partner for any losses or damages incurred by that Partner to the extent that a Force Majeure Event occurs and it is prevented from carrying out its obligations by that Force Majeure Event. 24.2 On the occurrence of a Force Majeure Event, the Affected Partner shall notify the other Partner as soon as practicable. Such notification shall include details of the Force Majeure Event, including evidence of its effect on the obligations of the Affected Partner and any action proposed to mitigate its effect. 24.3 As soon as practicable, following notification as detailed in Clause 24.2, the Partners shall consult with each other in good faith and use all best endeavours to agree appropriate terms to mitigate the effects of the Force Majeure Event and, subject to Clause 24.4, facilitate the continued performance of the Agreement. 24.4 If the Force Majeure Event continues for a period of more than sixty (60) days, either Partner shall have the right to terminate the Agreement by giving fourteen (14) days written notice of termination to the other Partner. For the avoidance of doubt, no compensation shall be payable by either Partner as a direct consequence of this Agreement being terminated in accordance with this Clause.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Force Majeure Exclusions 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; x. Xxxxx in the performance of any contractor, sub-contractor or their agents; c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; d. Strikes at the facilities of the Affected Party; e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and f. Non-performance caused by, or connected with, the Affected Party’s: i. Negligent or intentional acts, errors or omissions; ii. Failure to comply with an Indian Law; or iii. Breach of, or default under this Agreement.

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