Common use of Force Majeure Events Clause in Contracts

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).

Force Majeure Events. Force Majeure Events shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteStation Premises); (b) strikes or boycotts (other than those involving the Supplier, earthquakeContractors or their respective employees/representatives, volcanic eruptionor attributable to any act or omission of any of them) interrupting supplies and services to the 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 judgement or order of any court of competent jurisdiction or statutory authority made against the Supplier in any proceedings for reasons other than (i) failure of the Supplierto comply with any Applicable Law or Applicable Permit, landslideor (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, floodor (iii) enforcement of this Agreement, pandemic, cyclone, typhoon or tornado if it is declared / notified (iv) exercise of any of its rights under this Agreement by the competent state / central authority / agency (as applicable), or verified to the satisfaction of ProcurerUtility; b(d) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Station Premises that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.Station Premises; or d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. 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, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide 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 labour disturbancesexceeding an aggregate period of 7 (seven) days in an Accounting Year; (i) any civil commotion, having a nationwide impact in India, if and only if it is declared / notified boycott or political agitation which prevents generation or transmission of electricity by the competent state / central authority / agency Supplier for an aggregate period exceeding 7 (as applicable)seven) days in an Accounting Year; f(j) Nationalisation any event or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation circumstances of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of nature analogous to any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)foregoing.

Force Majeure Events. a) Act 10.4.1. Seller shall not be liable for any delay or failure to perform in whole or in part caused by “Force Majeure Events” which adversely impact the performance of GodSeller’s obligations regardless of when occurring, including, but not limited to, restrictions or Regulations imposed by the federal or any state government or any subdivision or agency thereof or by acts of God; acts of Buyer, its officers, directors, employees, agents or contractors, including, but not limited to, Buyer’s failure to lightningprovide in a timely manner any parts, fire Components, equipment or labor, including plans, drawings or engineers, which it has agreed to supply; war, preparation for war or the acts or interventions of naval or military executives or other agencies of government; acts of terrorists; blockade, sabotage, vandalism, malicious 7 [*****] Certain information on this page has been omitted and explosion (filed separately with the Commission. Confidential treatment has been requested with respect to the extent originating omitted portions. mischief, bomb scares, insurrection or threats thereof; rain that requires a shutdown of a substantial portion of Seller’s facility where the Railcars are being manufactured and/or the painting/coating area of such facility prior to 12:00 noon (local time) on a regularly scheduled work day; landslides, hurricanes, earthquakes or other natural calamity; delays of subcontractors or of carriers by land, sea or air; delays due to changes in drawings or Specification; collisions or fires, floods, strikes, work stoppages, shortage of labor, lockouts or other industrial disturbances, accidents, casualties, shortages or late delivery of supplies (including, without limitation, fuel supplies) or raw materials (including, without limitation, steel) from usual sources at customary pricing, or other causes beyond Seller’s reasonable control. 10.4.2. In the event of any Force Majeure Event, the Parties agree the date of Delivery or performance shall be extended for a source external period equal to the sitetime lost by reason of the delay; provided, however, that if the period of delay exceeds one hundred eighty (180) days from the original Committed Delivery Date, Buyer may cancel the Delivery of such Railcar subject to the delay due to the Force Majeure Event. Any cancelled Railcar shall be treated as having been validly ordered for the purposes of Buyer’s obligations hereunder with respect to the Base Order Quantity required under Section 2 and the applicable Annual Order Quantity and/or Monthly Order Quantity required under Section 9.1. If delivery of any items necessary for the Delivery of such Railcars is delayed by Buyer for more than thirty (30) days, Seller may adjust the Invoice Price payable hereunder to reflect the direct damages attributable to such delay (e.g., increases in cost of supplies, shipping and the like), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon but not to include indirect or tornado if it is declared / notified by consequential damages. Nothing hereunder shall require Seller to arrange for shipment and acceptance of any required materials in advance of Seller’s actual needs. In the competent state / central authority / agency (as applicable), or verified to event that the satisfaction occurrence of Procurer; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where affects a Party’s performance of its obligations hereunder for more than 240 consecutive days, the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected other Party or those employed or engaged by the Affected Partymay terminate this Agreement thereafter upon 30 days advance written notice. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteProject Facility); (b) strikes or boycotts (other than those involving the Operator, earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting services to the satisfaction Project Facility for a continuous period of Procurer24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b(c) radioactive contamination any failure or ionising radiation originating from delay of a source in India or resulting from operator but only to the extent caused by another Force Majeure Event mentioned above excluding circumstances where and which does not result in any offsetting compensation being payable to the source Operator by or cause on behalf of contamination such contractor; (d) any judgement or radiation is brought order of any court of competent jurisdiction or has been brought into 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 near the Project 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 Affected Party or those employed or engaged by DTTDC; (e) the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and labour disturbances, having a nationwide impact exceeding an aggregate period of 7 (seven) days in India, if and only if it is declared / notified by the competent state / central authority / agency an Accounting Year; (as applicable) fh) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Facility or rights of the BESSDOperator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, as a result of which the BESSD or its shareholders are deprived (wholly refusal to renew or partly) of their rights grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised exemption required by the Procurer Operator or any other Government Authority as a result of any breach of any of the Applicable Laws 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 Applicable Permits by 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 BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).foregoing;

Force Majeure Events. Force Majeure Events shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteStation Premises); (b) strikes or boycotts (other than those involving the Supplier, earthquake[Developer, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon if Supplier is a Trading Licensee] Contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting supplies and services to the satisfaction Power Station for a continuous period of Procurer24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. (c) The any judgement or order of any court of competent jurisdiction or statutory authority made against the [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 [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 GRIDCO; (d) the discovery of geological conditions, toxic contamination or archaeological remains on the Project land Station Premises that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.Station Premises; or d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. 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, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide 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 labour disturbancesexceeding an aggregate period of 7 (seven) days in an Accounting Year; (i) any civil commotion, having a nationwide impact in India, if and only if it is declared / notified boycott or political agitation which prevents generation or transmission of electricity by the competent state / central authority / agency Supplier for an aggregate period exceeding 7 (as applicable)seven) days in an Accounting Year; f(j) Nationalisation any event or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation circumstances of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of nature analogous to any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)foregoing.

Force Majeure Events. aNeither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) Act or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: (i) acts of God; (ii) typhoons, includingfloods, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon hurricane, drought, famine, epidemic, plague or tornado if it is declared / notified by the competent state / central authority / agency other natural calamities; (as applicable)iii) strikes, work stoppages, work slowdowns or verified to the satisfaction of Procurer; b) radioactive contamination other labour actions (other than such strikes, stoppages, slowdowns or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection actions involving employees of the Project land and/or as per prudent industry practices. dCompany); (iv) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (v) any requirement, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, omission to act pursuant to any judgment or Industrywide strikes and labour disturbances, having a nationwide impact order of any court or judicial authority in India, if and only if it (provided such requirement, action or omission to act is declared / notified not due to the breach by the competent state / central authority / agency (as applicable) f) Nationalisation Company or .ESCOM of any Law or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government 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 ; Force Majeure Events: Neither Party shall be responsible or liable for or deemed in national interest or expropriation breach hereof because of any material Project assets delay or rights failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the BESSDParty affected by such delay or failure, as a result of which including the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach occurrence of any of the Applicable Laws 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 Applicable Permits 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 BESSD 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 BESSD related parties gProject in whole or (viii) An event fire; (ix) expropriation and/or compulsory acquisition of Force Majeure identified under SECI-Buying Entity(iesthe Project in whole or in part; (x) BESSA, thereby affecting delivery / offtake chemical or radioactive contamination or ionising radiation; or (xi) damage to or breakdown of power / Contracted Capacity from BESSD transmission facilities of either Party; (xii) breakdown of generating equipment of the Company ; (xiii) breach of canal supplying water to Buying Entity(ies).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

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)NVVN.

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events:- (a) Act of GodNatural calamity, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire and or explosion (to the extent originating from a source external not related to any operations of the siteLicensee); (b) Strikes or boycotts (other than those involving the Licensee, earthquakeSub-contractors or their respective employees/representatives, volcanic eruptionor attributable to any act or omission of any of them) interrupting the operations of the Indenture; (c) Any judgment or order of any court of competent jurisdiction or statutory authority made against the Licensee or the Licensor in any proceedings for reasons other than (i) failure of the Licensee or the Licensor to comply with any Applicable Law or Applicable Permit, landslideor (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, floodor (iii) enforcement of this Indenture, pandemic, cyclone, typhoon or tornado if it is declared / notified (iv) exercise of any of its rights under this Indenture by the competent state / central authority / agency (as applicable), or verified to the satisfaction of ProcurerLicensor; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. (d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any An act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage interrupting the operations of the Licensee; (e) Industry-wide or State-wide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by or industrial action interrupting the competent state / central authority / agency operations of the Indenture; (as applicable) f) Nationalisation Change of law which does not allow the normal operations of the Indenture; (g) Expropriation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Assets or rights of the BESSDLicensee; (h) Unlawful or unauthorized or without jurisdiction revocation of, as a result of which or refusal to renew or grant without valid cause, any clearance, license, permit, authorization, no objection certificate, consent, approval or exemption required by the BESSD or its shareholders are deprived (wholly or partly) of Licensee to perform their rights or entitlements respective obligations under this BESPA. Provided Indenture; provided that such action does delay, modification, denial, refusal or revocation did not constitute remedies result from the LICENSEE’s inability or sanctions lawfully exercised by the Procurer failure to comply with any condition relating to maintenance or any other Government Authority as renewal of such clearance, license, authorization, no objection certificate, exemption, consent, approval or permit; and (i) Any event or circumstances of a result of any breach of nature analogous to any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)foregoing.

Force Majeure Events. a) Act Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party experiencing such delay or failure, including the occurrence of any of the following: i) acts of God; ii) typhoons, includingfloods, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon hurricane, drought, famine, epidemic, plague or tornado if it other natural calamities; iii) acts of war (whether declared or undeclared), invasion or civil unrest; iv) any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is declared / notified not due to the breach by the competent state / central authority / agency (as applicablePower Producer or GUVNL of any Law or any of their respective obligations under this Agreement), or verified to the satisfaction of Procurer; bv) 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 ionising radiation originating from a source in India ionizing radiation; or ix) damage to or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause breakdown of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party.transmission facilities of GETCO / DISCOMs; c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. dx) Exceptionally adverse weather condition conditions which are in excess of the statistical measure of the last hundred (100) years. exi) any act The delay in grant of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in Indiaconnectivity / LTA / GNA, 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 only if 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; (a) The ISTS / InSTS sub-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 before the SCSD of the concerned Project so as to match the two timelines. (b) Subject to adherence to above, subsequent to grant of connectivity, in case there is a delay in grant / operationalization of connectivity / LTA / GNA by CTU / STU and/or there is a delay in readiness of the ISTS / 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 declared established that; (i) 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; (ii) The Power Producer has adhered to the applicable procedure in this regard as notified by the competent state CERC / central authority GERC / agency CTU / STU and; (as applicable) fiii) Nationalisation The delay in grant of connectivity / LTA by CTU / STU and / or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government ▇▇▇▇▇ in national interest or expropriation of any material Project assets or rights readiness of the BESSDISTS / InSTS sub-station at the delivery point, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any including readiness of the Applicable Laws or power evacuation and transmission infrastructure of the Applicable Permits by ISTS / InSTS Network, is a factor solely attributable to CTU / STU / transmission licensee and is beyond the BESSD or control of the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).Parties;

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteProject Facility); (b) strikes or boycotts (other than those involving the Contractor, earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting services to the satisfaction Project Facility for a continuous period of Procurer24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b(c) radioactive contamination any failure or ionising radiation originating from delay of a source in India or resulting from contractor but only to the extent caused by another Force Majeure Event mentioned above excluding circumstances where and which does not result in any offsetting compensation being payable to the source Contractor by or cause on behalf of contamination such contractor; (d) any judgment or radiation is brought order of any court of competent jurisdiction or has been brought into statutory authority made against the Contractor in any proceedings for reasons other than (i) failure of the Contractor to comply with any Applicable Law or near the Project 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 Affected Party or those employed or engaged by GUDA; (e) the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and labour disturbances, having a nationwide impact exceeding an aggregate period of 7 (seven) days in India, if and only if it is declared / notified by the competent state / central authority / agency an Accounting Year; (as applicable) fh) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Facility or rights of the BESSDContractor or of the contractors; (i) unlawful or unauthorized or without jurisdiction revocation of, as a result of which the BESSD or its shareholders are deprived (wholly refusal to renew or partly) of their rights grant without valid cause, any clearance, license, permit, authorization, no objection certificate, consent, approval or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised exemption required by the Procurer Contractor or any other Government Authority as a result of any breach of any of the Applicable Laws 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 Applicable Permits by Contractor's or any contractor's inability or failure to comply with any condition relating to grant, maintenance or renewal of such clearance, license, authorization, no objection certificate, exemption, consent, approval or permit; or (j) any event or circumstances of a nature analogous to any of the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).foregoing;

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteProject Facility); (b) strikes or boycotts (other than those involving the Operator, earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting services to the satisfaction Project Facility for a continuous period of Procurer24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b(c) radioactive contamination any failure or ionising radiation originating from delay of a source in India or resulting from contractor but only to the extent caused by another Force Majeure Event mentioned above excluding circumstances where and which does not result in any offsetting compensation being payable to the source Operator by or cause on behalf of contamination such contractor; (d) any judgement or radiation is brought order of any court of competent jurisdiction or has been brought into 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 near the Project 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 Affected Party or those employed or engaged by DTTDC; (e) the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and labour disturbances, having a nationwide impact exceeding an aggregate period of 7 (seven) days in India, if and only if it is declared / notified by the competent state / central authority / agency an Accounting Year; (as applicable) fh) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Facility or rights of the BESSDOperator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, as a result of which the BESSD or its shareholders are deprived (wholly refusal to renew or partly) of their rights grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised exemption required by the Procurer Operator or any other Government Authority as a result of any breach of any of the Applicable Laws 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 Applicable Permits by 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; or (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 BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).foregoing;

Force Majeure Events. ‌ Force Majeure Events shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteStation Premises); (b) strikes or boycotts (other than those involving the Supplier, earthquakeContractors or their respective employees/representatives, volcanic eruptionor attributable to any act or omission of any of them) interrupting supplies and services to the 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 judgement or order of any court of competent jurisdiction or statutory authority made against the Supplier in any proceedings for reasons other than (i) failure of the Supplierto comply with any Applicable Law or Applicable Permit, landslideor (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, floodor (iii) enforcement of this Agreement, pandemic, cyclone, typhoon or tornado if it is declared / notified (iv) exercise of any of its rights under this Agreement by the competent state / central authority / agency (as applicable), or verified to the satisfaction of ProcurerUtility; b(d) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Station Premises that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.Station Premises; or d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. 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, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide 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 labour disturbancesexceeding an aggregate period of 7 (seven) days in an Accounting Year; (i) any civil commotion, having a nationwide impact in India, if and only if it is declared / notified boycott or political agitation which prevents generation or transmission of electricity by the competent state / central authority / agency Supplier for an aggregate period exceeding 7 (as applicable)seven) days in an Accounting Year; f(j) Nationalisation any event or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation circumstances of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of nature analogous to any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)foregoing.

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer; b) radioactive radio active contamination or ionising ionizing radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Partyexcludingcircumstanceswherethesourceorcauseofcontaminationorradiation isbroughtorhasbeenbroughtintoorneartheProjectbytheAffectedPartyorthos eemployedorengagedbytheAffectedParty. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether war(whether declared or undeclared), invasionundeclared),invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide Industry wide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation Nationalization or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSAEntity(ies)BESSA, thereby there by affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteProject Facility); (b) strikes or boycotts (other than those involving the Operator, earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting services to the satisfaction Project Facility for a continuous period of Procurer24 (twenty-four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b(c) radioactive contamination any failure or ionising radiation originating from delay of a source in India or resulting from operator but only to the extent caused by another Force Majeure Event mentioned above excluding circumstances where and which does not result in any offsetting compensation being payable to the source Operator by or cause on behalf of contamination such contractor; (d) any judgement or radiation is brought order of any court of competent jurisdiction or has been brought into 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 near the Project 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 Affected Party or those employed or engaged by Authority; (e) the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Site that could not reasonably have been expected to be discovered through a site inspection; or (f) an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage; (g) industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and labour disturbances, having a nationwide impact exceeding an aggregate period of 7 (seven) days in India, if and only if it is declared / notified by the competent state / central authority / agency an Accounting Year; (as applicable) fh) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Facility or rights of the BESSDOperator or of the contractors; (i) unlawful or unauthorised or without jurisdiction revocation of, as a result of which the BESSD or its shareholders are deprived (wholly refusal to renew or partly) of their rights grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised exemption required by the Procurer Operator or any other Government Authority as a result of any breach of any of the Applicable Laws 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 Applicable Permits by 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) any event or circumstances of a nature analogous to any of the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).foregoing;

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer; b) radioactive contamination or ionising ionizing radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or or f) military action, or Industrywide Industry wide strikes and labour labor disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) fg) Nationalisation Nationalization or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties gh) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)Procurer.

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurer; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party AffectedParty or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide Industry wide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)Procurer.

Force Majeure Events. (a) Act Neither Party shall be responsible or liable for or deemed in breach hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party affected by such delay or failure, including the occurrence of any of the following: (i) acts of God; (ii) typhoons, includingfloods, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon hurricane, drought, famine, epidemic, plague or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of Procurerother natural calamities; b(iii) radioactive contamination strikes, work stoppages, work slowdowns or ionising radiation originating from a source in India other labour actions (other than such strikes, stoppages, slowdowns or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection actions involving employees of the Project land and/or as per prudent industry practices.Company); d(iv) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act acts of war (whether declared or undeclared), invasioninvasion or civil unrest; (v) any requirement, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, omission to act pursuant to any judgment or Industrywide strikes and labour disturbances, having a nationwide impact order of any court or judicial authority in India, if and only if it (provided such requirement, action or omission to act is declared / notified not due to the breach by the competent state / central authority / agency Company or (as applicable)vi) inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; f(vii) Nationalisation or any 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 ionizing radiation; or (xi) damage to or breakdown of transmission/ distribution 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 (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 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 effect; (iv) 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 Indian Governmental Instrumentality/ State Government in national interest material breach or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements default under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as Agreement; (v) in no event shall a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake Event excuse the obligations of power / Contracted Capacity from BESSD a Party that are required to Buying Entity(ies)be completely performed prior to the occurrence of a Force Majeure Event.

Force Majeure Events. aIf any Performance(s) Act under this Agreement is rendered impossible, hazardous, unsafe or is otherwise prevented or impaired due to the Artist’s death (or the death of any immediate member of the Artist’s family); accident; interruption or failure of means of transportation; Acts of God; a national calamity; war; acts of terrorism; riots or civil disorder in the vicinity of the Venue(s) which either party reasonably believes threatens the safety of the Artist, includingthe Company’s or Artist’s crew or equipment; strikes, labour disputes and lockouts; epidemics; the act or order of any public authority (provided such act or order is not due to the Promo- ter’s failure to comply with applicable safety codes and laws, and all other applicable regulations, laws and licenses); failure of staging or electrical supplies (in each case not attributable in any way whatsoever to the negligence of the Promoter, or the Promoter’s agents or subcontractors); and/or any other cause or event, similar or dissimilar (but excluding adverse or inclement weather at or in the vicinity of the Venue which shall not limited be deemed a Force Majeure Event), provi- ded such events are beyond the control of either party (each of the foregoing events being a “Force Majeure Event”), then the Promoter’s obligations solely with regard to lightningthe Fee for the affected Performance(s) shall be excused, fire and explosion the Company shall (as the Company’s sole obligation) reimburse the Promoter with the Deposit (if any) excluding any sums already paid out from the Deposit for expenses or production costs and there shall be no claim for loss, damages or expen- ses by the Promoter, and the Promoter shall likewise have no liability to the Company in connection therewith except to pay the Company for any expenses in- curred by the Company in respect of such affected Performance(s), to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified that such sums are not covered by the competent state / central authority / agency Company’s cancellation insurance policy (as applicable), or verified to the satisfaction of Procurer; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(iesany).

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteStation Premises); (b) strikes or boycotts (other than those involving the Supplier, earthquake[Developer, volcanic eruptionif Supplier is a Trading Licensee] Contractors or their respective employees/representatives, landslideor attributable to any act or omission of any of them) interrupting supplies and services to the Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, floodand not being an Indirect Political Event set forth in Clause 17.3; (c) any judgement or order of any court of competent jurisdiction or statutory authority made against the [Supplier if Supplier is NOT a Trading Licensee, pandemicor Supplier and/or Developer if Supplier is a Trading Licensee] in any proceedings for reasons other than (i) failure of the [Supplier if Supplier is NOT a Trading Licensee, cycloneor Supplier and/or Developer if Supplier is a Trading Licensee] to comply with any Applicable Law or Applicable Permit, typhoon or tornado if it is declared / notified (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 competent state / central authority / agency (as applicable), or verified to the satisfaction of ProcurerUtility; b(d) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Station Premises that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.Station Premises; or d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. 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, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide 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 labour disturbancesexceeding an aggregate period of 7 (seven) days in an Accounting Year; (i) any civil commotion, having a nationwide impact in India, if and only if it is declared / notified boycott or political agitation which prevents generation or transmission of electricity by the competent state / central authority / agency Supplier for an aggregate period exceeding 7 (as applicable)seven) days in an Accounting Year; f(j) Nationalisation any event or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation circumstances of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of nature analogous to any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)foregoing.

Force Majeure Events. A Force Majeure Event shall mean one or more of the following acts or events: (a) Act of God, includingepidemic, but not limited to extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire and or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the siteProject Facility); (b) Strikes or boycotts (other than those involving the Operator, earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon contractors or tornado if it is declared / notified by the competent state / central authority / agency (as applicable)their respective employees/representatives, or verified attributable to any act or omission of any of them) interrupting services to the satisfaction Project Facility for a continuous period of Procurer24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year; b(c) radioactive contamination Any failure or ionising radiation originating from delay of a source in India or resulting from contractor but only to the extent caused by another Force Majeure Event mentioned above excluding circumstances where and which does not result in any offsetting compensation being payable to the source Operator by or cause on behalf of contamination such contractor; (d) Any judgement or radiation is brought order of any court of competent jurisdiction or has been brought into statutory authority or near the Project any Award passed by the Affected Party Arbitrator(s) made against the Operator in any proceedings for reasons other than (i) failure of the Operator to comply with any Applicable Law or those employed Applicable Permit, or engaged (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 Affected Party.Temple office; c(e) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land Site that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices.a site inspection; or d(f) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any An act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, civil commotion or Industrywide politically motivated sabotage; (g) Industry-wide or State-wide strikes or industrial action for a continuous period of 24 (twenty four) hours and labour disturbances, having a nationwide impact exceeding an aggregate period of 7 (seven) days in India, if and only if it is declared / notified by the competent state / central authority / agency an Accounting Year; (as applicable) fh) Nationalisation or any compulsory Compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets Facility or rights of the BESSDOperator or of the contractors; (i) Unlawful or unauthorised or without jurisdiction revocation of, as a result of which the BESSD or its shareholders are deprived (wholly refusal to renew or partly) of their rights grant without valid cause, any clearance, licence, permit, authorisation, no objection certificate, consent, approval or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised exemption required by the Procurer Operator or any other Government Authority as a result of any breach of any of the Applicable Laws 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 Applicable Permits by 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; or (j) Any event or circumstances of a nature analogous to any of the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies).foregoing;

Force Majeure Events. a) Act of God, including, but not limited to lightning, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, pandemic, cyclone, typhoon or tornado if it is declared / notified by the competent state / central authority / agency (as applicable), or verified to the satisfaction of ProcurerGUVNL; b) radioactive contamination or ionising radiation originating from a source in India or resulting from another Force Majeure Event mentioned above excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Project by the Affected Party AffectedParty or those employed or engaged by the Affected Party. c) The discovery of geological conditions, toxic contamination or archaeological remains on the Project land that could not reasonably have been expected to be discovered through an inspection of the Project land and/or as per prudent industry practices. d) Exceptionally adverse weather condition which are in excess of the statistical measure of the last hundred (100) years. e) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action, or Industrywide Industry wide strikes and labour disturbances, having a nationwide impact in India, if and only if it is declared / notified by the competent state / central authority / agency (as applicable) f) Nationalisation or any compulsory acquisition by any Indian Governmental Instrumentality/ State Government in national interest or expropriation of any material Project assets or rights of the BESSD, as a result of which the BESSD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this BESPA. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the BESSD or the BESSD related parties g) An event of Force Majeure identified under SECI-Buying Entity(ies) BESSA, thereby affecting delivery / offtake of power / Contracted Capacity from BESSD to Buying Entity(ies)GUVNL.