Common use of Force Majeure Events Clause in Contracts

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility); (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances of a nature analogous to any of the foregoing;

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

AutoNDA by SimpleDocs

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or JIL of any Law or any of the contractors to perform their respective obligations under this Agreement and 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 Third Party AgreementsProject in whole or in part by Government Instrumentality; viii) chemical or radioactive contamination or ionizing radiation; provided that such delayor ix) damage to or breakdown of transmission facilities of STU / DISCOMs; x) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. xi) any curtailment, modificationgrid constraints, denialsuspension or non-availability of transmission capacity or open access by the Discom, refusal or revocation did not result from the Operator's SLDC, regional load dispatch centre or any contractor's inability or failure other relevant Governmental Authority; xii) any restriction imposed by any relevant state government on supply of power under this Agreement. xiii) The delay in grant of connectivity/LTA, if applicable, by CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point/ Metering Point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS network, will be considered as a factor attributable to comply with any condition relating the CTU / STU / transmission licensee and beyond the control of the Parties subject to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point/ Metering Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point & Metering Point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point/ Metering Pointat the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCD of theproject and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and/or delay in readiness of the ISTS / InSTS sub-station at the delivery point/metering point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;”

Appears in 2 contracts

Samples: Power Purchase Agreement (Ppa), Power Purchase Agreement (Ppa)

Force Majeure Events. A Without prejudice to the generality of the foregoing clause 10.1, the following events shall constitute Force Majeure Event shall mean one or more of under the following acts or events:present GTA. (a) act of GodFire, epidemicflood, extremely adverse weather conditionsatmospheric disturbance, lightning, cyclone, hurricane, drought, famine, storm, typhoon, tornado, earthquake, landslide, cycloneexplosions, floodaccidents, volcanic eruptionfire, chemical soil erosion, subsidence, washout or radioactive contamination or ionising radiation, fire or explosion (to the extent other acts of contamination or radiation or fire or explosion originating from a source external to the Project Facility)God and natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act of war War (whether declared or undeclared), invasioninvasion or civil unrest, armed conflict or act of foreign enemyriot, civil war, blockade, embargo, riot, insurrection, terrorist acts of public enemies or military actioncivil disturbance; (c) Strike, civil commotion lockout, or politically motivated sabotageother industrial disturbances; (d) Epidemic, plague or quarantine; (e) air crash, train wrecks; (f) expropriation and/or compulsory acquisition of the Project in whole or in part by Government Instrumentality; (g) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial order of any court/ tribunals or judicial authority in India (provided such requirement, action for a continuous period or omission to act is not due to the breach by either of 24 (twenty four) hours and exceeding an aggregate period the Parties, of 7 (seven) days in an Accounting Yearany Law or any of their respective obligations under this Agreement); (h) compulsory acquisition in national interest inability, despite complying with all legal requirements to obtain, renew or expropriation of any Project Facility maintain required licenses or rights of the Operator or of the contractorsLegal Approvals; (i) unlawful sabotage, terrorism or unauthorised act of public enemy acts of belligerence of foreign enemies (whether declared or without jurisdiction revocation ofundeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any attempt at usurpation of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitpower; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; orradioactive contamination or ionizing radiation; (k) any event Loss of or circumstances of a nature analogous damage to any or failure of the foregoingTransmission Facilities or the Shipper’s Facilities, to the extent not caused by the Willful Misconduct or gross negligence of supervisory or management personnel of the Transporter or the Shipper; (l) Acts of Government or compliance with such acts, directly affecting the ability of the Shipper or the Transporter to perform its obligations under GTA.

Appears in 2 contracts

Samples: Gas Transportation Agreement, Gas Transportation Agreement

Force Majeure Events. A Force Majeure Event Events shall mean one or more of the following acts or events: (a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project FacilityStation Premises); (b) strikes or boycotts (other than those involving the OperatorSupplier, contractors [Developer, if Supplier is a Trading Licensee] Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Project Facility Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator [Supplier if Supplier is NOT a Trading Licensee, or Supplier and/or Developer if Supplier is a Trading Licensee] in any proceedings for reasons other than (i) failure of the Operator [Supplier if Supplier is NOT a Trading Licensee, or Supplier and/or Developer if Supplier is a Trading Licensee] to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDCGRIDCO; (ed) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or (e) any event or circumstances of a nature analogous to any of the foregoing. (f) an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage; (g) any political or economic upheaval, disturbance, movement, struggle or similar occurrence which could not have been anticipated or foreseen by a prudent person and which causes the construction or operation of the Project to be financially unviable or otherwise not feasible; (h) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator or of the contractors; (i) unlawful any civil commotion, boycott or unauthorised political agitation which prevents generation or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required transmission of electricity by the Operator or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitSupplier for an aggregate period exceeding 7 (seven) days in an Accounting Year; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances of a nature analogous to any of the foregoing;.

Appears in 2 contracts

Samples: Procurement Agreement, Procurement Agreement

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or GUVNL of any Law or any of the contractors to perform their respective obligations under this Agreement 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. xi) The delay in grant of connectivity/LTA, if applicable, by CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the Third Party Agreements; provided that such delayISTS / InSTS network, modification, denial, refusal or revocation did not result from will be considered as a factor attributable to the Operator's or any contractor's inability or failure CTU / STU / transmission licensee and beyond the control of the Parties subject to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCOD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCOD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCOD of the project and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;”

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following Party experiencing such delay or failure, including the occurrence of any of the following: (i) acts or events: (a) act of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquake, landslide, cyclone, flood, volcanic eruption, chemical work slowdowns or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility); (b) strikes or boycotts other labour actions (other than those such strikes, stoppages, slowdowns or actions involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure employees of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or Company); (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (v) any requirement, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion omission to act pursuant to any judgment or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India, (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or .ESCOM of any Law or any of the contractors to perform their respective obligations under this Agreement Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; Force Majeure Events: Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability 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 comply with any condition relating meet milestone dates due to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances circumstance (a "Force Majeure Event") beyond the reasonable control of a nature analogous to the Party affected by such delay or failure, including the occurrence of any of the foregoing;following: (i) acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; (iii) strikes, work stoppages, work slowdowns or other labour actions (other than such strikes, stoppages, slowdowns or actions involving employees of the Company); (iv) acts of war (whether declared or undeclared), invasion or civil unrest; (v) any requirement, action, 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 Company or .ESCOM of any Law or any of their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a “Force Majeure Event”) beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightening, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (any other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party's ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India.,(provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Corporation of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Approvals; (vii) earthquakes, explosions , accidents; landslides; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionizing radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company; (xiii) break-down of sugar plant equipment; (xiv) non-availability of sugar cane; (b) The availability of Article 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/ failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party affected by such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquakework slowdowns or other labour actions (other than such strikes, landslidestoppages, cyclone, flood, volcanic eruption, chemical slowdowns or radioactive contamination or ionising radiation, fire or explosion (to actions involving employees of the extent of contamination or radiation or fire or explosion originating from a source external to the Project FacilityCompany); (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action, omission to act pursuant to any judgment or State-wide strikes order of any court or industrial judicial authority in India, (provided such requirement, action for a continuous period of 24 or omission to act is not due to the breach by the Company or (twenty fourvi) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Yearinability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (hvii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator Project in whole or in part; (x) chemical or radioactive contamination or ionizing radiation; or (xi) damage to or breakdown of transmission/ distribution facilities of either Party ; (xii) breakdown of generating equipment of the contractorsCompany ; (xiii) breach of canal supplying water to the generating plant (b) The availability of Clause 8.1 (a) to excuse a Party’s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, the non-performing Party gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no objection certificate, consent, approval or exemption greater scope and of no longer duration than is required by the Operator or any Force Majeure Event; (iii) the non-performing Party is able to resume performance of the contractors to perform their respective its obligations under this Agreement and Agreement, it shall give the Third other Party Agreements; provided written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party’s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence / failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A Neither the Company nor the Customer shall be liable for the non-performance or improper performance of its obligations under the Client Agreement, if such party is prevented from or delayed by reason of occurrence of Force Majeure Event shall mean one or more of circumstances, including but not limited to the following acts or eventsfollowing: (a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical earthquake or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural disaster; (b) strikes or boycotts (other than those involving the Operatorwar, contractors or their respective employees/representativesmilitary actions, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearrebellion, civil disorder, strike; (c) any failure or delay decisions by the legislative and/or other bodies of a operator but only the Cyprus Republic (including the Central Bank, the Cyprus Securities and Exchange Commission) and other countries, that make it impossible for the party to fulfil its obligations under the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractorClient Agreement; (d) any judgement discontinuance or order suspension of the operation of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDCmarket; (e) failure of communication for any reason with market makers, mal-functioning and/or non- operation of any computer transaction system due to defectiveness or failure of the discovery mechanic equipment, fault or stoppage in communication lines, any other problems in connection, breakdown or unavailability of geological conditions, toxic contamination access to the internet or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; orPlatform; (f) an act other similar circumstances that are beyond the reasonable control of war (whether declared or undeclared), invasion, armed conflict or act the affected party that may occur after the conclusion of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotagethe Client Agreement; (g) industrysuspension of trading on a market or the liquidation or closure of any market, or the fixing of minimum or maximum prices for trading on a market to which the Company relates its quotes, or the imposition of limits or special or unusual terms on the trading in any such market or a regulatory ban on the activities of any party (unless the Company has caused that ban), decisions of state authorities, governing bodies of self-wide regulating organizations, decisions of governing bodies of organized trading platforms; and (h) breakdown, failure or Statemalfunction of any electronic, network and communication lines (not due to the bad faith or wilful default of the Company). Upon occurrence of force majeure circumstances, the affected party shall notify in writing the other party within two (2) business days. Failure by the affected party to notify the other party thereof, shall preclude the affected party from relying on the occurrence of the force majeure circumstances as an excuse for the non-wide strikes performance or industrial action improper performance of its obligations under the Client Agreement and these Terms of Business. In case of occurrence of Force Majeure circumstances and submitting of the above relevant notice by the affected party, performance period of the obligations of the affected party under the Client Agreement shall be extended for a continuous time period equal to the duration of 24 these circumstances and their consequences. Should the Force Majeure circumstances last more than fifteen (twenty four15) hours business days, the non-affected party shall be entitled to terminate the Agreement immediately by written notice to the other party. Any outstanding obligations and/or payments between the parties shall be settled. If the Company determines in its reasonable opinion, that a Force Majeure Event exists (without prejudice to any other rights under the Client Agreement) the Company may without prior notice and exceeding an aggregate period at any time take any or all of 7 the following steps, as necessary: (sevena) days Suspend or modify the application of any or all terms of the Client Agreement to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with them; (b) Take or omit to take all such other actions as the Company deems to be reasonably appropriate in an Accounting Yearthe circumstances with regard to the position of the Company, the Customer and other clients; (c) Shut down the Platform in case of malfunction for maintenance or to avoid damage; (d) Cancel any Customer’s Orders; (e) Refuse to accept Customer’s Orders; (f) Dormant Customers Trading Accounts; (g) Increase Margin requirements without notice; (h) compulsory acquisition in national interest Close out any or expropriation of any Project Facility or rights all of the Operator or of Open Positions at such prices as the contractorsCompany considers in good faith to be appropriate; (i) unlawful Increase spreads or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances of a nature analogous to any of the foregoing;decrease leverage.

Appears in 1 contract

Samples: Terms of Business

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party affected by such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightening, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (any other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party's ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India.,(provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or ...ESCOM of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Approvals; (vii) earthquakes, explosions , accidents; landslides ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company; (xiii) break-down of Project equipment ; (xiv) breach of canal supplying water to the generating plant (xv) Non availability of Sugar cane (b) The availability of Clause 8.1 (a) to excuse a Party’s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party’s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/ failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party‟s ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Escom of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions, accidents, landslides; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company; (xiii) breakdown of the Project equipment; (b) The availability of Clause 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or GUVNL of any Law or any of the contractors to perform their respective obligations under this Agreement 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. xi) The delay in grant of connectivity / GNA / LTA, if applicable, by CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the Third Party Agreements; provided that such delayISTS / InSTS network, modification, denial, refusal or revocation did not result from will be considered as a factor attributable to the Operator's or any contractor's inability or failure CTU / STU / transmission licensee and beyond the control of the Parties subject to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the power producer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCSD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / GNA / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCSD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCSD of the project and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / GNA / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;”

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquakework slowdowns or other labour actions (other than such strikes, landslidestoppages, cyclone, flood, volcanic eruption, chemical slowdowns or radioactive contamination or ionising radiation, fire or explosion (to actions involving employees of the extent of contamination or radiation or fire or explosion originating from a source external to the Project FacilityCompany); (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action, omission to act pursuant to any judgment or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India, (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or .Escom of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party ; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant (b) The availability of Clause 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence / failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A “Force Majeure Event” means any event which is not within the reasonable control of the Party affected, and with the exercise of due diligence, could not reasonably be prevented, avoided or removed by such Party, and does not result from such Party’s negligence or the negligence of its agents, employees or subcontractors, which causes the Party affected to be delayed, in whole or in part, or unable to partially or wholly perform its obligations under this Agreement, including: natural disasters; landslides; drought; fire; flood; wind shear; earthquake; lightning; hail; hurricanes; tornados; tsunamis; ice and ice storms; perils of sea; volcanic activity; epidemic; war (whether declared, undeclared or threatened) or other armed conflict; acts of God; riot; explosions; civil disturbance; sabotage; strikes, lockouts or labor disputes (except for strikes, lockouts or labor disputes isolated to the Party claiming a Force Majeure Event); vandalism; terrorism or threats of terrorism; blockades. Force Majeure Events shall not include (a) a Party’s financial inability to perform under this Agreement, (b) a failure of equipment except if caused by a Force Majeure Event, (c) unavailability of spare parts except if caused by a Force Majeure Event shall mean one or more (d) sabotage by employees, agents or any subcontractors of the following acts Party claiming the Force Majeure Event. *** Certain confidential portions (indicated by brackets and asterisks) have been omitted from this exhibit because such information is both (i) non-material and (ii) would be competitively harmful if publicly disclosed. To the extent either Party is prevented by Force Majeure from carrying out, in whole or events: part, its obligations under the Hosting Agreement (athe “Claiming Party”) act gives notice and details of Godthe Force Majeure to the other Party as soon as practicable, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical then the Claiming Party shall be excused from the performance of its obligations with respect to the Hosting Agreement (other than the obligation to make payments then due or radioactive contamination or ionising radiation, fire or explosion (becoming due with respect to performance prior to the Force Majeure) to the extent of contamination or radiation or fire or explosion originating from a source external those obligations relate to the Project Facility); (b) strikes Facility or boycotts (other than those involving the Operator, contractors Facilities impacted by such Force Majeure Event. The Claiming Party shall use all commercially reasonably efforts to recommence performance of its obligations hereunder. The non-Claiming Party shall not be required to perform or their respective employees/representatives, or attributable to any act or omission resume performance of any of them) interrupting services its obligations to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only Claiming Party corresponding to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure obligations of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement Claiming Party excused by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances of a nature analogous to any of the foregoing;Force Majeure.

Appears in 1 contract

Samples: Hosting Agreement (Good Works Acquisition Corp.)

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance ( "a Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator HPD or GUVNL of any Law or any of the contractors to perform their respective obligations under this Agreement 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. xi) The delay in grant of connectivity/LTA, if applicable, by the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the Third Party Agreements; provided that such delayISTS / InSTS network, modification, denial, refusal or revocation did not result from will be considered as a factor attributable to the Operator's or any contractor's inability or failure CTU / STU / transmission licensee and beyond the control of the Parties subject to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCOD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCOD of the project and it is established that; (c) The HPD has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the HPD had applied for connectivity, was scheduled for completion on or before the SCOD of the project and; (d) The HPD has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; iv) any requirement, armed conflict action or omission to act pursuant to any judgment or order of foreign enemyany court or judicial authority in India (provided such requirement, blockadeaction or omission to act is not due to the breach by the Power Producer or GUVNL of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, embargorenew or maintain required Licenses or Legal Approvals; vi) earthquakes, riotexplosions, insurrectionaccidents, terrorist landslides, fire; vii) expropriation and/or compulsory acquisition of the Project in whole or military actionin 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 conditions which are in excess of the statistical measure of the last hundred (100) years. xi) The delay in grant of connectivity / LTA / GNA, civil commotion or politically motivated sabotageif applicable, by the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS network, will be considered as a factor attributable to the CTU / STU / transmission licensee and beyond the control of the Parties subject to the following; (ga) industryThe ISTS / InSTS sub-wide station at the Delivery Point and the power evacuation and transmission infrastructure of the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or State-wide strikes or industrial action for a continuous period before the SCSD of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year;the concerned Project so as to match the two timelines. (hb) compulsory acquisition Subject to adherence to above, subsequent to grant of connectivity, in national interest or expropriation case there is a delay in grant / operationalization of any Project Facility or rights connectivity / LTA / GNA by CTU / STU and/or there is a delay in readiness of the Operator or ISTS / InSTS sub-station at the delivery point, including readiness of the contractorspower evacuation & transmission infrastructure of the ISTS / InSTS network until SCSD of the project and it is established that; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by The Power Producer has complied with the Operator or any complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the contractors to perform their respective obligations under this Agreement and ISTS / InSTS Network with which the Third Party Agreements; provided that such delayPower Producer had applied for connectivity, modification, denial, refusal was scheduled for completion on or revocation did not result from before the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal SCSD of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe project and; (jii) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; orThe Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (kiii) any event The delay in grant of connectivity / LTA by CTU / STU and / or circumstances of a nature analogous to any xxxxx in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following Party experiencing such delay or failure, including the occurrence of any of the following: (i) acts or events: (a) act of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquake, landslide, cyclone, flood, volcanic eruption, chemical work slowdowns or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility); (b) strikes or boycotts other labour actions (other than those such strikes, stoppages, slowdowns or actions involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure employees of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or Company); (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (v) any requirement, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion omission to act pursuant to any judgment or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India, (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or .ESCOM of any Law or any of the contractors to perform their respective obligations under this Agreement and Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; Force Majeure Events: Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability 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 comply with any condition relating meet milestone dates due to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances circumstance (a "Force Majeure Event") beyond the reasonable control of a nature analogous to the Party affected by such delay or failure, including the occurrence of any of the foregoing;following: (i) acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; (iii) strikes, work stoppages, work slowdowns or other labour actions (other than such strikes, stoppages, slowdowns or actions involving employees of the Company); (iv) acts of war (whether declared or undeclared), invasion or civil unrest; (v) any requirement, action, 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 Company or .ESCOM of any Law or any of their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightening, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (any other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party's ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India.,(provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Corporation of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Approvals; (vii) earthquakes, explosions , accidents; landslides ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company; (xiii) break-down of Project equipment ; (xiv) Non availability of Low Density Agricultural Residue such as Sugar cane leaves, Rice husk etc; (b) The availability of Article 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/ failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

AutoNDA by SimpleDocs

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party affected by such delay or eventsfailure, including the occurrence of any of the following: (ai) act Acts of God; (ii) Typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes Strikes, work stoppages, work slowdowns or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party’s ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act Acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide Any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator SPD or ESCOM of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) Inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) Fire, Earthquakes, explosions, accidents, landslides; (viii) Expropriation and/or compulsory acquisition of the Project in whole or in part; (ix) Chemical or radioactive contamination or ionizing radiation; or (x) Damage to or breakdown of transmission facilities of either Party; (b) The availability of the above Clause (a) to excuse a Party’s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) The non-performing Party gives the Third other Party Agreements; provided written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event. (iii) The non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) The Force Majeure Event was not caused by the non-performing Party’s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination In no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following Party experiencing such delay or failure, including the occurrence of any of the following: (i) acts or events: (a) act of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquake, landslide, cyclone, flood, volcanic eruption, chemical work slowdowns or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility); (b) strikes or boycotts other labour actions (other than those such strikes, stoppages, slowdowns or actions involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure employees of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or Company); (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (v) any requirement, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion omission to act pursuant to any judgment or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India, (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or .ESCOM of any Law or any of the contractors to perform their respective obligations under this Agreement Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; Force Majeure Events: Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability 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 comply with any condition relating meet milestone dates due to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances circumstance (a "Force Majeure Event") beyond the reasonable control of a nature analogous to the Party affected by such delay or failure, including the occurrence of any of the foregoing;following: (i) acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities; (iii) strikes, work stoppages, work slowdowns or other labour actions (other than such strikes, stoppages, slowdowns or actions involving employees of the Company); (iv) acts of war (whether declared or undeclared), invasion or civil unrest; (v) any requirement, action, 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 Company or .ESCOM of any Law or any of their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party‟s ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Corporation of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions, accidents, landslides; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party; (xii) breakdown of generating equipment of the Company; (xiii) breakdown of the Project equipment; (b) The availability of Article 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence/failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A (1) Distiller shall not be liable or responsible to Purchaser, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement, when and to the extent Distiller’s failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, destructive wind event, earthquake, explosion or any other natural disasters or catastrophes, including any epidemic or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication or equipment breakdowns, power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the impacted Party; provided, however, no Force Majeure Event shall mean one relieve Purchaser from its obligations to Distiller for the fees due from Purchaser as provided for herein or more Purchaser’s obligations as to insurance provided for herein, nor shall any Force Majeure Event relieve either Party of its indemnification obligations provided for herein.. (2) Distiller shall give notice within ten (I 0) Business Days of the following acts or events: (a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (Force Majeure Event to the extent of contamination or radiation or fire or explosion originating from a source external to Purchaser, stating the Project Facility); (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any time the occurrence is expected to continue. Distiller shall use commercially reasonable efforts to end the failure or delay and to try to minimize the effects of such Force Majeure Event. Distiller shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause of the Force Majeure Event. In the event that the Distiller’s failure or delay remains uncured for a operator but only period of one-hundred eighty (180) consecutive days following written notice given by it under this Section 5.2(2), either Party may thereafter terminate this Agreement upon fourteen (14) days’ written notice to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permit; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances of a nature analogous to any of the foregoing;Party.

Appears in 1 contract

Samples: Finished Distillate Supply and Storage Agreement (Spirits Capital Corp)

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditionsplague or other natural calamities; (iii) strikes, lightningwork stoppages, earthquakework slowdowns or other labour actions (other than such strikes, landslidestoppages, cyclone, flood, volcanic eruption, chemical slowdowns or radioactive contamination or ionising radiation, fire or explosion (to actions involving employees of the extent of contamination or radiation or fire or explosion originating from a source external to the Project FacilityCompany); (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action, omission to act pursuant to any judgement or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India, (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Corporation of any Law or any of the contractors to perform their respective obligations under this Agreement); (vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (vii) earthquakes, explosions and accidents ; (viii) fire; (ix) expropriation and/or compulsory acquisition of the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of transmission facilities of either Party ; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to the generating plant (b) The availability of Article 8.1 to excuse a Party‟s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (i) the Third non-performing Party Agreements; provided gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (iii) the non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that such delayeffect; (iv) the Force Majeure Event was not caused by the non-performing Party‟s negligent or intentional acts, modificationerrors or omissions, denial, refusal or revocation did not result from the Operator's or any contractor's inability or by its negligence / failure to comply with any condition relating to grantmaterial Law, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval by any material breach or permitdefault under this Agreement; (jv) Termination in no event shall a Force Majeure Event excuse the obligations of a license agreement executed between DTTDC and DDA before 31st December, 2026; or (k) any event or circumstances Party that are required to be completely performed prior to the occurrence of a nature analogous to any of the foregoing;Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or GUVNL of any Law or any of the contractors to perform 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 / CTU / DISCOMs; x) Exceptionally adverse weather conditions which are in excess of the statistical measure of the last hundred (100) years. xi) non-fulfillment of obligations under Land Lease Agreement and Implementation & Support Agreement attributable to GIPCL leading to delay in commissioning of the Third Party Agreements; provided that such delayproject. xii) The delay in grant of connectivity/LTA, modificationif applicable, denialby the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, refusal or revocation did not result from including readiness of the Operator's or any contractor's inability or failure power evacuation and transmission infrastructure of the ISTS / InSTS network, will be considered as a factor attributable to comply with any condition relating the CTU / STU / transmission licensee and beyond the control of the Parties subject to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCOD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCOD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCOD of the project and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or GUVNL of any Law or any of the contractors to perform their respective obligations under this Agreement 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. xi) The delay in grant of connectivity/LTA, if applicable, by the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the Third Party Agreements; provided that such delayISTS / InSTS network, modification, denial, refusal or revocation did not result from will be considered as a factor attributable to the Operator's or any contractor's inability or failure CTU / STU / transmission licensee and beyond the control of the Parties subject to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCOD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCOD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCOD of the project and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

Force Majeure Events. A (i) 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (a) act Acts of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility); (b) strikes Typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearnatural calamities; (c) any failure Strikes, work stoppages, work slowdowns or delay of other labour dispute which affects a operator but only Party’s ability to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractorperform under this Agreement; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act Acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (e) Any requirement, armed conflict action or omission to act pursuant to any judgment or order of foreign enemyany court or judicial authority in India (provided such requirement, blockadeaction or omission to act is not due to the breach by the Company or Distribution utility of any Law or any of their respective obligations under this Agreement); (f) Inability despite complying with all legal requirements to obtain, embargo, riot, insurrection, terrorist renew or military action, civil commotion maintain required licenses or politically motivated sabotageLegal Approvals; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting YearEarthquakes, explosions, accidents, landslides; (h) compulsory acquisition in national interest or expropriation of any Project Facility or rights of the Operator or of the contractorsFire; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by the Operator or any Expropriation and/or compulsory acquisition of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal Project in whole or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitin part; (j) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026Chemical or radioactive contamination or ionising radiation; or (k) Damage to or breakdown of transmission facilities of either Party; (l) Breakdown of generating equipment of the Company; (m) Breakdown of the Project equipment; (ii) The availability of Clause 9.1 to excuse a Party’s obligations under this Agreement due to a Force Majeure Event shall be subject to the following limitations and restrictions: (a) The non-performing Party gives the other Party written notice describing the particulars of the Force Majeure Event as soon as practicable after its occurrence; (b) The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure Event; (c) The non-performing Party is able to resume performance of its obligations under this Agreement, it shall give the other Party written notice to that effect; (d) The Force Majeure Event was not caused by the non-performing Party’s negligent or intentional acts, errors or omissions, or by its negligence/failure to comply with any material Law, or by any material breach or default under this Agreement; (e) In no event or circumstances shall a Force Majeure Event excuse the obligations of a nature analogous Party that are required to any be completely performed prior to the occurrence of the foregoing;a Force Majeure Event.

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (giv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India (provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Power Producer or GUVNL of any Law or any of the contractors to perform 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 conditions which are in excess of the statistical measure of the last hundred (100) years. xi) non-fulfillment of obligations under Land Lease Agreement and Implementation & Support Agreement attributable to GSECL leading to delay in commissioning of the Third Party Agreements; provided that such delayproject. xii) The delay in grant of connectivity/LTA, modificationif applicable, denialby the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, refusal or revocation did not result from including readiness of the Operator's or any contractor's inability or failure power evacuation and transmission infrastructure of the ISTS / InSTS network, will be considered as a factor attributable to comply with any condition relating the CTU / STU / transmission licensee and beyond the control of the Parties subject to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe following; (ja) Termination The ISTS / InSTS sub-station at the Delivery Point and the power evacuation and transmission infrastructure of a license agreement executed between DTTDC and DDA the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or before 31st December, 2026; orthe SCOD of the concerned Project so as to match the two timelines. (kb) any event or circumstances Subject to adherence to above, subsequent to grant of connectivity, in case there is a nature analogous to any delay in grant / operationalization of connectivity / LTA by CTU / STU and/or there is a delay in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation & transmission infrastructure of the ISTS / InSTS network until SCOD of the project and it is established that; (c) The Power Producer has complied with the complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub-station at the delivery point at the power evacuation and transmission infrastructure of the ISTS / InSTS Network with which the Power Producer had applied for connectivity, was scheduled for completion on or before the SCOD of the project and; (d) The Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (e) The delay in grant of connectivity / LTA by CTU / STU and / or xxxxx in readiness of the ISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement

Force Majeure Events. A 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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; ii) typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (b) strikes or boycotts (other than those involving the Operator, contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; iv) any requirement, armed conflict action or omission to act pursuant to any judgment or order of foreign enemyany court or judicial authority in India (provided such requirement, blockadeaction or omission to act is not due to the breach by the Power Producer or GUVNL of any Law or any of their respective obligations under this Agreement); v) inability despite complying with all legal requirements to obtain, embargorenew or maintain required licenses or Legal Approvals; vi) earthquakes, riotexplosions, insurrectionaccidents, terrorist landslides; fire; vii) expropriation and/or compulsory acquisition of the Project in whole or military actionin 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 conditions which are in excess of the statistical measure of the last hundred (100) years. xi) non-fulfillment of obligations under Land Lease Agreement and Implementation & Support Agreement attributable to GIPCL leading to delay in commissioning of the project. xii) The delay in grant of connectivity/LTA / GNA, civil commotion or politically motivated sabotageif applicable, by the CTU / STU and/or delay in readiness of the ISTS / InSTS substation at the Delivery Point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS network, will be considered as a factor attributable to the CTU / STU / transmission licensee and beyond the control of the Parties subject to the following; (ga) industryThe ISTS / InSTS sub-wide station at the Delivery Point and the power evacuation and transmission infrastructure of the ISTS / InSTS network, with which the Project Developer applies for connectivity, shall be scheduled for completion on or State-wide strikes or industrial action for a continuous period before the SCSD of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year;the concerned Project so as to match the two timelines. (hb) compulsory acquisition Subject to adherence to above, subsequent to grant of connectivity, in national interest or expropriation case there is a delay in grant / operationalization of any Project Facility or rights connectivity / LTA / GNA by CTU / STU and/or there is a delay in readiness of the Operator or ISTS / InSTS sub-station at the delivery point, including readiness of the contractorspower evacuation & transmission infrastructure of the ISTS / InSTS network until SCSD of the project and it is established that; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required by The Power Producer has complied with the Operator or any complete application formalities as per the connectivity procedure(s) and the ISTS / InSTS sub- station at the delivery point at the power evacuation and transmission infrastructure of the contractors to perform their respective obligations under this Agreement and ISTS / InSTS Network with which the Third Party Agreements; provided that such delayPower Producer had applied for connectivity, modification, denial, refusal was scheduled for completion on or revocation did not result from before the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal SCSD of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitthe project and; (jii) Termination of a license agreement executed between DTTDC and DDA before 31st December, 2026; orThe Power Producer has adhered to the applicable procedure in this regard as notified by the CERC / GERC / CTU / STU and; (kiii) any event The delay in grant of connectivity / LTA by CTU / STU and / or circumstances of a nature analogous to any xxxxx in readiness of the foregoingISTS / InSTS sub-station at the delivery point, including readiness of the power evacuation and transmission infrastructure of the ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the control of the Parties;

Appears in 1 contract

Samples: Power Purchase Agreement (Ppa)

Force Majeure Events. A (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 Event shall mean one events under this Agreement) or more failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the following acts Party experiencing such delay or eventsfailure, including the occurrence of any of the following: (ai) act acts of God; (ii) typhoons, floods, lightening, cyclone, hurricane, drought, famine, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical plague or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Facility)other natural calamities; (biii) strikes strikes, work stoppages, work slowdowns or boycotts (any other than those involving the Operator, contractors or their respective employees/representatives, or attributable labour dispute which affects a Party's ability to any act or omission of any of them) interrupting services to the Project Facility for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Yearperform under this Agreement; (c) any failure or delay of a operator but only to the extent caused by another Force Majeure Event and which does not result in any offsetting compensation being payable to the Operator by or on behalf of such contractor; (d) any judgement or order of any court of competent jurisdiction or statutory authority made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the DTTDC; (e) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an act acts of war (whether declared or undeclared), invasion, armed conflict invasion or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion or politically motivated sabotageunrest; (gv) industry-wide any requirement, action or State-wide strikes omission to act pursuant to any judgment or industrial action for a continuous period of 24 (twenty four) hours and exceeding an aggregate period of 7 (seven) days in an Accounting Year; (h) compulsory acquisition in national interest or expropriation order of any Project Facility court or rights of judicial authority in India.,(provided such requirement, action or omission to act is not due to the Operator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, or refusal to renew or grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or exemption required breach by the Operator Company or Escom of any Law or any of the contractors to perform their respective obligations under this Agreement and the Third Party Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the Operator's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, licence, authorisation, no objection certificate, exemption, consent, approval or permitAgreement); (jvi) Termination inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Approvals; (vii) earthquakes, explosions , accidents; landslides ; (viii) fire; (ix) expropriation and/or compulsory acquisition of a license agreement executed between DTTDC and DDA before 31st December, 2026the Project in whole or in part; (x) chemical or radioactive contamination or ionising radiation; or (kxi) any event damage to or circumstances breakdown of a nature analogous to any transmission facilities of either Party; (xii) breakdown of generating equipment of the foregoingCompany; (xiii) break-down of Project equipment ; (xiv) Non availability of low density agricultural residue such as sugar cane leaves, Rice husk etc

Appears in 1 contract

Samples: Power Purchase Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!