Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; x. Xxxxx in the performance of any contractor, sub-contractor or their agents; c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; d. Strikes at the facilities of the Affected Party; e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and f. Non-performance caused by, or connected with, the Affected Party’s: i. Negligent or intentional acts, errors or omissions; ii. Failure to comply with an Indian Law; or iii. Breach of, or default under this Agreement.
Appears in 29 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agentsagents ;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 25 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 11.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 19 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 14.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; ‘
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 13 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or or, connected with, with the Affected Party’s:
i. i) Negligent or intentional acts, errors or omissions;
ii. ) Failure to comply with an Indian Law; or
iii. ) Breach of, or default under this Agreement.
Appears in 11 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 14.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; ‘
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 8 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 9.2.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. i. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables etc. for the Power Project;
x. Xxxxx ii. Delay in the performance of any contractor, sub-contractor Contractors or their agents;
c. iii. Non-performance resulting from normal wear and tear typically experienced in power generation transmission materials and equipment;
d. iv. Strikes or labour disturbance at the facilities of the Affected Party;
e. v. Insufficiency of finances or funds or the agreement AMISP Contract becoming onerous to perform; and
f. vi. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent a. negligent or intentional acts, errors or omissions;
ii. Failure b. failure to comply with an Indian Law; or
iii. Breach c. breach of, or default under this AgreementAMISP Contract or any Project documents.
Appears in 4 contracts
Samples: Contract for Appointment of Advanced Metering Infrastructure (Ami) Service Provider, Contract for Appointment of Advanced Metering Infrastructure (Ami) Service Provider, Appointment of Ami Service Provider for Smart Prepaid Metering
Force Majeure Exclusions. 11.4.1 7.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
g. Exclusions as identified under SECI-SPD PPA
Appears in 3 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 2 contracts
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or or, connected with, with the Affected Party’sParty‟s:
i. i) Negligent or intentional acts, errors or omissions;
ii. ) Failure to comply with an Indian Law; or
iii. ) Breach of, or default under this Agreement.
Appears in 2 contracts
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any include:
A. Any event or circumstance which is within the reasonable control of the Parties and (ii) the Parties.
B. The following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. 1. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx 2. Delay in the performance of any contractor, sub-contractor or their agents;
c. 3. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. 4. Strikes or labour unrest/disturbances at the facilities of the Affected Party;
e. 5. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. 6. Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 2 contracts
Force Majeure Exclusions. 11.4.1 11.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agentstheiragents;
c. Non-performance resulting from normal wear xxxx and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. i) Negligent or intentional acts, errors or omissions;
ii. i) Failure to comply with an Indian Law; or
iii. ii) Breach of, or default under this Agreement.
Appears in 2 contracts
Force Majeure Exclusions. 11.4.1 11.4.3.1. Force Majeure shall not include include
(i) any event or circumstance which is within the reasonable control of the Parties and and
(ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. ; ii Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 2 contracts
Samples: Power Purchase Agreement (Ppa), Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agentsagents ;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
g) Non-availability of Water other than drought
Appears in 2 contracts
Samples: Pumped Hydro Energy Storage Facility Agreement, Pumped Hydro Energy Storage Facility Agreement
Force Majeure Exclusions. 11.4.1 7.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
g. Exclusions as identified under SECI-WPD PPA
Appears in 2 contracts
Samples: Power Sale Agreement, Power Sale Agreement
Force Majeure Exclusions. 11.4.1 14.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; ‘
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s's:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 2 contracts
Force Majeure Exclusions. 11.4.1 7.1.3.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 9.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;; or
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 14.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agentsagents ;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 1 contract
Force Majeure Exclusions. 11.4.1 7.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Sale Agreement
Force Majeure Exclusions. 11.4.1 8.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or or, connected with, with the Affected Party’s:
i. (i) Negligent or intentional acts, errors or omissions;
(ii. ) Failure to comply with an Indian Law; or
iii. Breach or (iii)Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Securitization Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. (a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables etc. for the Power Project;
x. Xxxxx (b) Delay in the performance of any contractor, sub-contractor Contractors or their agents;
c. (c) Non-performance resulting from normal wear and tear typically experienced in power generation transmission materials and equipment;
d. (d) Strikes or labour disturbance at the facilities of the Affected Party;
e. (e) Insufficiency of finances or funds or the agreement Agreement becoming onerous to perform; and
f. (f) Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent negligent or intentional acts, errors or omissions;
ii. Failure failure to comply with an Indian Law; or
iii. Breach breach of, or default under this AgreementAgreement or any Project Documents.
Appears in 1 contract
Samples: Transmission Service Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agentsagents ;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 11.2.1 Force Majeure shall not include include: (i) any event or circumstance which is within the reasonable control of the Parties Parties; and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian any applicable Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. A. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. X. Xxxxx in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; „
c. C. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. D. Strikes at the facilities of the Affected Party;
e. E. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. F. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Force Majeure Exclusions. 11.4.1 11.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:connected
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power inpower generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or or, connected with, with the Affected Party’s:
i. i) Negligent or intentional acts, errors or omissions;
ii. ) Failure to comply with an Indian Law; or
iii. ) Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 11.4.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Force Majeure Exclusions. 11.4.1 11.4.3.1. Force Majeure shall not include include
(i) any event or circumstance which is within the reasonable control of the Parties and and
(ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor or their agents;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent or intentional acts, errors or omissions;
ii. ; ii Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 11.3.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor contract or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming be coming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default order fault under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1
14.4.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; ‘
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts parts, Fuel or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractor, sub-contractor contractors or their agentsagents excluding the conditions as mentioned in Article 12.2;
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes or labour disturbance at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. i) Negligent or intentional acts, errors or omissions;
ii. ) Failure to comply with an Indian Law; or
iii. ) Breach of, or default under this AgreementAgreement or any Project Documents.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 6.3.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. (a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables etc. for the Power Project;
x. Xxxxx (b) Delay in the performance of any contractor, sub-contractor Contractors or their agents;
c. (c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipmentsuch projects;
d. (d) Strikes or labour disturbance at the facilities of the Affected Party;
e. (e) Insufficiency of finances or funds or the agreement Agreement becoming onerous to perform; and
f. (f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent (i) negligent or intentional acts, errors or omissions;
(ii. Failure ) failure to comply with an Indian Law; or
(iii. Breach ) breach of, or default under this AgreementAgreement or any Project Documents.
Appears in 1 contract
Samples: Implementation Agreement
Force Majeure Exclusions. 11.4.1 12.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation Green Ammonia Production materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Green Ammonia Purchase Agreement
Force Majeure Exclusions. 11.4.1 8.4.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts parts, or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor contractor, or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’sParty‟s:
i. Negligent or intentional acts, errors errors, or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Service Agreement
Force Majeure Exclusions. 11.4.1 10.4.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts parts, or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor contractor, or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors errors, or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Force Majeure Exclusions. 11.4.1 14.4.1. Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. a) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx b) Delay in the performance of any contractorContractor, sub-contractor Contractor or their agents;agents ; ‘
c. c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. d) Strikes at the facilities of the Affected Party;
e. e) Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. f) Non-performance caused by, or connected with, the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
or iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor or their agents;
c. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance caused by, or or, connected with, with the Affected Party’s:
i. Negligent or intentional acts, errors or omissions;
ii. Failure to comply with an Indian Law; or
iii. Breach of, or default under this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
a. Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts parts, Fuel or consumables for the Power Project;
x. Xxxxx in the performance of any contractor, sub-contractor sub−contractors or their agentsagents excluding the conditions as mentioned in Article 12.2;
c. Non-performance Non−performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
d. Strikes or labour disturbance at the facilities of the Affected Party;
e. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
f. Non-performance Non−performance caused by, or connected with, the Affected Party’s:
i. i) Negligent or intentional acts, errors or omissions;
ii. ) Failure to comply with an Indian Law; or
iii. ) Breach of, or default under this AgreementAgreement or any Project Documents.
Appears in 1 contract
Samples: Power Purchase Agreement