Instances of Force Majeure. Provided that a claim of Force Majeure satisfies the requirements of Section 14.1 (General), Force Majeure may include the following events: (i) acts of God, strikes (national and other general strikes), industrial disturbances, acts of public or foreign enemy, war, blockades, boycotts, riots, insurrections, epidemics, pandemics, earthquakes, storms, tornado, drought, hail, sabotage, works to rule, go-slows and other public agitation; (ii) invasion, terrorism, rebellion, plague, lightning, hurricane, natural calamity, floods, civil disturbances, lockouts, fires, explosions, interruptions of services due to the act or failure to act of any Governmental Authority, including quarantine and lock-downs; (iii) any Pending Permit Delay; and (iv) failure of any subcontractor or supplier of the Affected Party to perform as a result of an event that would constitute Force Majeure hereunder. Notwithstanding the foregoing, Force Majeure shall expressly not include:
a. the bankruptcy of a Party or any of its subcontractors or suppliers at any tier;
b. breakdown or defect of temporary works or the Contractor’s equipment or any subcontractor’s equipment, other than breakdown caused by a separate Force Majeure;
c. any changes in prevailing market prices for goods, fuel, or labor;
d. strikes, lockouts, works to rule, go-slows, and other industrial disturbances by personnel of Resource Provider or any of its contractors and subcontractors at any tier;
e. any failure by a Party to obtain and/or maintain a Permit, other than in the case of a Pending Permit Delay;
f. any Pending Permit Delays in excess of eighteen (18) Months; or
g. any promulgation by the U.S. Department of Energy of implementation rules for the Bulk- Power System EO after the Agreement Date that causes delay in excess of twelve (12) Months.
Instances of Force Majeure. An "event of Force Majeure" shall mean any circumstance not within the reasonable control, directly or indirectly, of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence, cannot be or be caused to be prevented, avoided or removed by such Party, (ii) such event materially adversely affects (in cost and/or time) the ability of the Party to perform its obligations under the Contract, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on its ability to perform its obligations under the Contract and to mitigate the consequences thereof, (iii) such event is not the direct or indirect result of the failure of such Party to perform any of its obligations under the Contract, and (iv) such Party has given the other Party prompt notice describing such event, the effect thereof and the actions being taken in order to comply with this Clause 49. The events of Force Majeure comprise:
(a) Non-Political Event;
(b) Direct Malaysian Political Event; and
(c) Indirect Political Event, all as defined hereunder.
Instances of Force Majeure. 14.2.1 Subject to the provisions of clause 14.1 Events of Force Majeure shall include, but not be limited to:
(a) fire, chemical or radioactive contamination or ionizing radiation, earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God;
(b) explosion, accident, breakage of Facilities, plant or equipment, structural collapse, or chemical contamination caused by a person not being the affected Party or one of its contractors or subcontractors or any of their respective employees or agents;
(c) acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage;
(d) strikes, lockouts, work stoppage, labour disputes, and such other industrial action by workers related to or in response to the terms and conditions of employment of those workers or others with whom they are affiliated save when such event is directly related to, or in direct response to any employment policy or practice (with respect to wages or otherwise) of the Party whose workers resort to such action;
(e) failure or inability of Buyer Company to obtain or renew any licence, consent or permit on terms and conditions as favourable in all material respects as those contained in the original licence, consent or permit relating to Buyer Company’s Business (other than due to a breach by Buyer Company of any of such terms and conditions);
(f) any action or failure to act without justifiable cause by any Competent Authority (including any action or failure to act without justifiable cause by any duly authorised agent of any Competent Authority);
(g) expropriation or compulsory acquisition of a Depot or a Site;
(h) any legal prohibition on either Party’s ability to perform its obligations under this agreement, including passing of a statute, decree, regulation or order by a Competent Authority prohibiting that Party from performing its obligations under this agreement;
(i) in relation to either Party, non-performance by a counter-party under a contract relating to a Depot by reason of an event or circumstance that would constitute an Event of Force Majeure under this agreement, provided that breakdown of any plant, equipment or vehicles (unless due to an Event of Force Majeure) or unavailability...
Instances of Force Majeure. For the purposes of this Agreement, Force Majeure Events shall include Natural Force Majeure Events and Political Force Majeure Events, in each case, only to the extent that they satisfy the above requirements in Clause 14.1:
Instances of Force Majeure. Subject to the provisions of Articles 20.1 and 20.4, Events of Force Majeure shall include, but not be limited to:
(i) acts of war or the public enemy whether war be declared or not;
(ii) public disorders, insurrection, rebellion, sabotage, riots or violent demonstrations;
(iii) explosions, fires, earthquakes or other natural calamities and acts of God;
(iv) national, regional or sector-wide strikes, lockouts or other industrial action provided that the Operator or any Overhaul Contractor or other subcontractor is not responsible for such strike, lockout or other industrial action;
(v) any action or failure to act without justifiable cause by any Governmental Instrumentality of the Republic of Indonesia (including any action or failure to act without justifiable cause by any duly authorized agent of any such Governmental Instrumentality), including without limitation the denial of or delay without justifiable cause in the granting of any Owner Consent or Operator Consent upon due application therefore and diligent effort by applicant to obtain, the failure without justifiable cause of any such Owner Consent or Operator Consent once granted to remain in full force and effect or to be renewed on substantially similar terms, and any delay in the importation of equipment or supplies into Indonesia resulting from any action or failure to act without justifiable cause by any Governmental Instrumentality of the Republic of Indonesia;
(vi) the adoption, enactment or application to the Owner, the Operator, the Construction Contractor, any Overhaul Contractor, any other subcontractor or the Power Station (or any part thereof) of any Legal Requirement of any Governmental Instrumentality of the Republic of Indonesia (i) relating to the environment other than those set forth or referred to in Appendix N of the Power Purchase Agreement or encompassed by those so set forth or referred to therein or (ii) not existing or not applicable to (as the case may be) the Owner, the Operator, such Overhaul Contractor or other subcontractor or the Power Station on the date of this Agreement, or any change in any such Legal Requirement or the application or interpretation thereof by a Governmental Instrumentality of the Republic Indonesia after the date of this Agreement, but not including any such Legal Requirement or interpretation or application thereof in existence at such date which by its terms became or will become effective and applicable to the Operator, such Contractor or t...
Instances of Force Majeure. Events of Force of Force Majeure shall include, without limitation, but subject to the provisions of clause 3.7.1, the following:
a. Acts of God
b. Acts of war or the public enemy whether war be declared or not.
c. Public disorders, insurrection, revolution, rebellion, sabotage, riots or violent demonstrations; and
d. Explosions, fires, earthquakes or other natural calamities and e. Strikes or lockouts or other industrial action by workers or employees.
