Common use of Force Majeure Exclusions Clause in Contracts

Force Majeure Exclusions. 10.2.1 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) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the 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 any Law; or (iii) Breach of, or default under this PPA.

Force Majeure Exclusions. 10.2.1 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) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts parts, Fuel or consumables for the Project; (b) Delay in the performance of any contractor, sub-contractor contractors or their agentsagents excluding the conditions as mentioned in clause 12.2; (c) 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 caused by, or connected with, the Affected Party’s's: (i) i. Negligent or intentional acts, errors or omissions; (ii) . Failure to comply with any Autonomous Island of Grande Comore, Union of the Comoros Law; or (iii) . Breach of, or default under this PPAAgreement or any Project Documents.

Force Majeure Exclusions. 10.2.1 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: (ai) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; (bii) Delay in the performance of any contractor, sub-contractor or their agents; (ciii) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; (div) Strikes at the facilities of the Affected Party; (ev) Insufficiency of finances or funds or the agreement becoming onerous to perform; and (fvi) Non-performance caused by, or connected with, the Affected Party’s: (ia) Negligent or intentional acts, errors or omissions; (iib) Failure to comply with any an Indian Law; or (iiic) Breach of, or default under this PPAAgreement.

Force Majeure Exclusions. 10.2.1 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; (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 any Law; or (iii) Breach of, or default under this PPA.

Force Majeure Exclusions. 10.2.1 Force Majeure Event 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 a Force MajeureMajeure Event: (a) Unavailabilityunavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables required for the Project; (b) Delay delay in the performance of any contractor, sub-contractor or their agents; (c) Nonnon-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; (d) Strikes strikes at the facilities of the Affected Party; (e) Insufficiency insufficiency of finances or funds or the agreement this Agreement becoming onerous to perform; and (f) Nonnon-performance caused by, or connected with, the Affected Party’s: 's: (i) Negligent negligent or intentional acts, errors or omissions; , (iii) Failure failure to comply with any the Applicable Law; , or (iii) Breach of, or default under this PPA.

Force Majeure Exclusions. 10.2.1 14.3.1 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 plant, machinery, equipment, materials, spare parts or consumables etc. required for the ProjectServices; (bii) Delay in the performance of any contractor, subSub-contractor Service Provider appointed by the Service Provider or their its agents; (ciii) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipmentequipments; (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: (iA) Negligent negligent or intentional acts, errors or omissions; (iiB) Failure failure to comply with any Lawan Applicable Laws; or (iiiC) Breach breach of, or default under this PPAContract.

Force Majeure Exclusions. 10.2.1 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) Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the 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’sParty‟s: (i) Negligent or intentional acts, errors or omissions; (ii) Failure to comply with any Law; or (iii) Breach of, or default under this PPA.

Force Majeure Exclusions. 10.2.1 Force Majeure Event 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 a Force MajeureMajeure Event: (a) Unavailabilityunavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables required for the Project; (b) Delay delay in the performance of any contractor, sub-contractor or their agents; (c) Nonnon-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; (d) Strikes strikes at the facilities of the Affected Party; (e) Insufficiency insufficiency of finances or funds or the agreement this Agreement becoming onerous to perform; and (f) Nonnon-performance caused by, or connected with, the Affected Party’s: 's: (i) Negligent negligent or intentional acts, errors or omissions; , (iii) Failure failure to comply with any the Applicable Law; or , or (iii) Breach breach of, or default under under, this PPAAgreement, as the case may be.

Force Majeure Exclusions. 10.2.1 Force Majeure shall not 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) Unavailabilityunavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Solar Power Project; (b) Delay delay in the performance of any contractor, sub-contractor or their agents; (c) Nonnon-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; (d) Strikes strikes at the facilities of the Affected Party; (e) Insufficiency insufficiency of finances or funds or the agreement Agreement becoming onerous to perform; and (f) Nonnon-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 any an Applicable Law; or (iii) Breach of, or default under this PPAAgreement.