Force Majeure Exclusions. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; b. Strikes at the facilities of the Affected Party; c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and d. 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 6 contracts
Samples: Power Purchase Agreement, Power Sale Agreement, Power Sale Agreement
Force Majeure Exclusions. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
b. Strikes at the facilities of the Affected Party;
c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
d. Non-performance caused by, or connected with, the Affected Party’sParty‟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 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Force Majeure Exclusions. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
b. Strikes at the facilities of the Affected Party;
c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
d. 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 4 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
Force Majeure Exclusions. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
b. Strikes at the facilities of the Affected Party;
c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
d. Non-performance caused by, or connected with, the Affected PartyPart y’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 4 contracts
Samples: Power Sale Agreement, Power Sale Agreement, Power Sale Agreement
Force Majeure Exclusions. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
b. Strikes at the facilities of the Affected Party;
c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
d. 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. 7.4.1 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. Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment;
b. Strikes at the facilities of the Affected Party;
c. Insufficiency of finances or funds or the agreement becoming onerous to perform; and
d. 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