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 machinery, equipment, materials, spare parts etc. for the Project; (b) Delay in the performance of any Contractors or their agents; (c) Non-performance resulting from normal wear and tear typically experienced in transmission 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 caused by, or connected with, the Affected Party’s: i. negligent or intentional acts, errors or omissions;
Appears in 33 contracts
Samples: Transmission Service Agreement, Transmission Service Agreement, 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 machinery, equipment, materials, spare parts etc. for the Project;
(b) Delay in the performance of any Contractors or their agents;
(c) Non-performance resulting from normal wear and tear typically experienced in transmission 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 caused by, or connected with, the Affected Party’s: i. negligent or intentional acts, errors or omissions;
Appears in 7 contracts
Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement
Force Majeure Exclusions. 11.4.1 15.3.1 Force Majeure shall not include include: (ia) any event or circumstance which is within the reasonable control of the Parties Parties, and (iib) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
(ai) Unavailability, late delivery, or changes in cost of the machinery, equipment, materials, spare parts etc. required for the Works or the Project;
(bii) Delay in the performance of any Contractors Subcontractor appointed by the Contractor or their its agents;
(ciii) Non-performance resulting from normal wear and tear typically experienced in transmission materials and equipment;
(div) Strikes or labour disturbance at the facilities of the Affected Party;
(ev) Insufficiency of finances or funds or the Agreement Contract becoming onerous to perform; and
(fvi) Non-performance caused by, or connected with, with the Affected Party’s: i. :
(A) negligent or intentional acts, errors or omissions;
(B) failure to comply with an Applicable Laws; or
(C) breach of, or default under this Contract.
Appears in 7 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
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 machinery, equipment, materials, spare parts etc. for the Project;
(b) Delay x. Xxxxx in the performance of any Contractors or their agents;
(c) c. Non-performance resulting from normal wear and tear typically experienced in 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 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;
Appears in 6 contracts
Samples: Transmission Service Agreement, Transmission Service Agreement, 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 machinery, equipment, materials, spare parts etc. for the Project;
(b) Delay in the performance of any Contractors or their agents;
(c) Non-performance resulting from normal wear and tear typically experienced in transmission 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 caused by, or connected with, the Affected Party’sParty‟s: i. negligent or intentional acts, errors or omissions;
Appears in 4 contracts
Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement
Force Majeure Exclusions. 11.4.1 15.3.1 Force Majeure shall not include include: (ia) any event or circumstance which is within the reasonable control of the Parties Parties, and (iib) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
(ai) Unavailability, late delivery, or changes in cost of the machinery, equipment, materials, spare parts etc. required for the Works or the Project;
(bii) Delay in the performance of any Contractors Subcontractor appointed by the Developer or their its agents;
(ciii) Non-performance resulting from normal wear and tear typically experienced in transmission materials and equipment;
(div) Strikes or labour disturbance at the facilities of the Affected Party;
(ev) Insufficiency of finances or funds or the Agreement Contract becoming onerous to perform; and
(fvi) Non-performance caused by, or connected with, with the Affected Party’s: i. :
(A) negligent or intentional acts, errors or omissions;
(B) failure to comply with an Applicable Laws; or
(C) breach of, or default under this Contract.
Appears in 1 contract
Samples: Construction Contract
Force Majeure Exclusions. 11.4.1 15.3.1 Force Majeure shall not include include: (ia) any event or circumstance which is within the reasonable control of the Parties Parties, and (iib) 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 machinery, equipment, materials, spare parts etc. required for the Works or the Project;
(b) ii. Delay in the performance of any Contractors Subcontractor appointed by the Contractor or their its agents;
(c) iii. Non-performance resulting from normal wear and tear typically experienced in 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 Contract becoming onerous to perform; and
(f) vi. Non-performance caused by, or connected with, with the Affected Party’s: i. :
A. negligent or intentional acts, errors or omissions;
B. failure to comply with an Applicable Laws; or
C. breach of, or default under this Contract.
Appears in 1 contract