Common use of Force Majeure Exclusions Clause in Contracts

Force Majeure Exclusions. 8.3.1 Force Majeure shall not include the following conditions, except to the extent that they are consequences of an event of Force Majeure: 1. Unavailability, Late Delivery or Change in cost of plants and machineries, equipment, materials, spares parts or consumables for the project; 2. Delay in performance of any contractor / sub-contractor or their agents; 3. Non-performance resulting from normal wear and tear experience in power generation materials and equipments; 4. Strike or Labour Disturbances at the facilities of affected parties; 5. In efficiency of finances or funds or the agreement becoming onerous to perform, and 6. Non performance caused by, or concerned with, the affected party’s i. Negligent and intentional acts, errors or omissions; ii. Failure to comply with Indian law or Indian Directive; or iii. Breach of, or default under this agreement or any Project agreement or Government agreement.

Force Majeure Exclusions. 8.3.1 Force Majeure shall not include the following conditions, except to the extent that they are consequences of an event of Force Majeure: 1. Unavailability, Late Delivery or Change in cost of plants and machineries, equipment, materials, spares parts or consumables for the project; 2. Delay in performance of any contractor / sub-contractor or their agents; 3. Non-performance resulting from normal wear and tear experience in power generation materials and equipments; 4. Strike or Labour Labor Disturbances at the facilities of affected parties; 5. In efficiency of finances or funds or the agreement becoming onerous to perform, and 6. Non performance Nonperformance caused by, or concerned with, the affected party’s i. Negligent and intentional acts, errors or omissions; ii. Failure to comply with Indian law or Indian Directive; or iii. Breach of, or default under this agreement or any Project agreement or Government agreement.

Force Majeure Exclusions. 8.3.1 Force Majeure shall not include the following conditions, except to the extent that they are consequences of an event of Force Majeure: 1. Unavailability, Late Delivery or Change in cost of plants and machineries, equipment, materials, spares parts or consumables for the project; 2. Delay in performance of any contractor / sub-sub contractor or their agents; 3. Non-Non performance resulting from normal wear and tear experience in power generation materials and equipments; 4. Strike or Labour Disturbances at the facilities of affected parties; 5. In efficiency Insufficiency of finances or funds or the agreement becoming onerous to perform, and 6. Non performance caused by, or concerned with, the affected party’sparty‟s i. I. Negligent and intentional acts, errors or omissions; iiII. Failure to comply with Indian law or Indian Directive; or iiiIII. Breach of, or default under this agreement or any Project agreement or Government agreement.

Force Majeure Exclusions. 8.3.1 Force Majeure shall not include the following conditions, except to the extent that they are consequences of an event of Force Majeure: 1. Unavailability, Late Delivery or Change in cost of plants and machineries, equipment, materials, spares parts or consumables for the project; 2. Delay in performance of any contractor / sub-contractor or their agents; 3. Non-Non- performance resulting from normal wear and tear experience in power generation materials and equipmentsequipment; 4. Strike or Labour Disturbances at the facilities of affected parties; 5. In efficiency Insufficiency of finances or funds or the agreement becoming onerous to perform, and; 6. Non Non-performance caused by, or concerned with, the affected party’s i. I. Negligent and intentional acts, errors or omissions; iiII. Failure to comply with Indian law or Indian Directive; or iiiIII. Breach of, or default under this agreement or any Project agreement or Government agreement.