Common use of Force Majeure Exclusions Clause in Contracts

Force Majeure Exclusions. 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) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; b) Delay 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. iv. If the Developer did not get NA conversion (deemed conversion) of the ‘purchased’ or ‘leased and sub-leased’ land after obtaining the ownership or lease hold rights in the name of the Developer, then such delay due to the above event shall be considered under force majeure, subject to approval from KERC. In this regard, the developer shall substantiate the above delay with sufficient documentary proof including but not limited to the application, payment of necessary fee/ charges, fulfilment of clarification sought from/ by the respective revenue authorities. The decision of KERC shall be final and governing on both the Parties.

Force Majeure Exclusions. 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) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; b) Delay 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. iv. If the Developer did not get NA conversion (deemed conversion) of the ‘purchased’ or ‘leased and sub-leased’ land after obtaining the ownership or lease hold rights in the name of the Developer, then such delay due to the above event shall be considered under force majeure, subject to approval from KERC. In this regard, the developer shall substantiate the above delay with sufficient documentary proof including but not limited to the application, payment of necessary fee/ charges, fulfilment of clarification sought from/ by the respective revenue authorities. The decision of KERC shall be final and governing on both the Parties.Parties.36