Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events: (a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site); (b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.3; (c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor; (d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor; (e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority; (f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or (g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.334.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver rolling stock or equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Rail System for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.331.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause clause
(a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 4 contracts
Samples: Construction Agreement, Construction Contract, Construction Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Rail System for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.328.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver rolling stock or equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 4 contracts
Samples: Construction Agreement, Construction Agreement, Construction Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/employees or representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.331.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment Equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause Clause
(a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.this
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteStation Premises);
(b) strikes or boycotts (other than those involving the ConcessionaireSupplier, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.316.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Supplier by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Supplier in any proceedings for reasons other than (i) failure of the Concessionaire Supplier to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityAggregator;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or
(f) Any event of Force Majeure identified under the PSAP-II between Aggregator and the Utility/Utilities thereby affecting supply of power from the Aggregator to the Utility under the PSAP-II shall be considered as Force Majeure event under this Agreement.
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 3 contracts
Samples: Procurement Agreement, Procurement Agreement, Procurement Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteStation Premises);
(b) strikes or boycotts (other than those involving the ConcessionaireAggregator, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.315.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Aggregator by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Aggregator in any proceedings for reasons other than (i) failure of the Concessionaire Aggregator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityUtility;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or
(f) Any event of Force Majeure identified under the APPP between Aggregator and the Supplier thereby affecting supply of power from the Aggregator to the Utility shall be considered as Force Majeure event under this Agreement.
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 3 contracts
Samples: Power Supply Agreement, Power Supply Agreement, Power Supply Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Healthcare Network for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 15 (sevenfifteen) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.335.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the ConcessionaireDeveloper, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Rail System for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.317.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Developer by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire Developer by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Developer in any proceedings for reasons other than (i) failure of the Concessionaire Developer to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityMOR;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteDepot Sites);
(b) strikes or boycotts (other than those involving the ConcessionaireOperator, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of [24 (twenty four) )] hours and an aggregate period exceeding [7 (seven) )] days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.329.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Operator by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor Contractor to deliver the Buses or equipment in India if such delay or failure is caused outside India by any event specified in Sub-Sub- clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire Operator by or on behalf of such contractorContractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Operator in any proceedings for reasons other than (i) failure of the Concessionaire Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site or the Depot Sites that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Model Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteDepot Sites);
(b) strikes or boycotts (other than those involving the ConcessionaireOperator, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of [24 (twenty four) )] hours and an aggregate period exceeding [7 (seven) )] days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.329.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political NonPolitical Event and which does not result in any offsetting compensation being payable to the Concessionaire Operator by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor Contractor to deliver the Buses or equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause Subclause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire Operator by or on behalf of such contractorContractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Operator in any proceedings for reasons other than (i) failure of the Concessionaire Operator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site or the Depot Sites that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteStation Premises);
(b) strikes or boycotts (other than those involving the ConcessionaireAggregator, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.315.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Aggregator by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Aggregator in any proceedings for reasons other than (i) failure of the Concessionaire Aggregator to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityUtility;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or
(f) Any event of Force Majeure identified under the PPA between Aggregator and the Supplier thereby affecting supply of power from the Aggregator to the Utility shall be considered as Force Majeure event under this Agreement.
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Power Supply Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/employees or representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.331.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment Equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause Clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, draught, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteStation Premises);
(b) pandemic (e.g. COVID 19) or any consequent lockdown or restriction on the movement of manpower and machinery imposed by the relevant Government Instrumentality;
(c) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Renewable Energy Project Facilities for a continuous period of 24 (twenty twenty- four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.3Article 16.3;
(cd) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(de) any delay or failure of an overseas contractor to deliver equipment in India India, if such delay or failure is caused outside India by any event specified in Sub-clause Sub- Article (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(ef) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityNMMC;
(fg) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or
(gh) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Power Procurement Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) a. act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) b. strikes or boycotts (other than those involving the Concessionairethe, Contractors Contractor, sub- contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 14 (sevenfourteen) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.314.3;
(c) c. any failure or delay of a s ub-contractor/Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire KDA by or on behalf of such Contractor;
(d) d. any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement judgment or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Contractor in any proceedings for reasons other than (i) failure of the Concessionaire Contractor to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityKDA;
(f) e. the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) f. any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Epc Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising ionization radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteProject Infrastructure);
(b) strikes or boycotts (other than those involving the ConcessionaireContractor, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project Infrastructure for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.3Article 27.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Contractor by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor Contractor to deliver any critical equipment required for the Project Infrastructure and not available in India if such delay or failure is caused outside India by any event specified in Sub-clause Sub- Article (a) above and which does not result in any offsetting compensation being payable to the Concessionaire Contractor by or on behalf of such contractorContractor;
(e) any judgement judgment or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Contractor in any proceedings for reasons other than (i) failure of the Concessionaire Contractor to comply with any Applicable Law or Applicable Permit, ; or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, ; or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Contract Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the SiteStation Premises);
(b) strikes or boycotts (other than those involving the ConcessionaireSupplier, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Power Station for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.316.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire Supplier by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire Supplier in any proceedings for reasons other than (i) failure of the Concessionaire Supplier to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityAggregator;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site Station Premises that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Station Premises; or
(f) Any event of Force Majeure identified under the PPSA between Aggregator and the Utility/Utilities thereby affecting supply of power from the Aggregator to the Utility under the PSA shall be considered as Force Majeure event under this Agreement.
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionairecontractors, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 7 (twenty fourseven) hours days and an aggregate period exceeding 7 14 (sevenfourteen) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.325.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by Concessionaire, by, or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement judgment or order of any court of competent jurisdiction or statutory authority Participating ULBs made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityParticipating ULBs;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Project Bus Terminal Port for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.334.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Plant for a continuous period of 24 (twenty twenty- four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.321.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable PermitApprovals, or (ii) on account of breach of any Applicable Law or Applicable Permit Approvals or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthoritySDMC;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspectionan inspection of the Site; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionairecontractors, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 7 (twenty fourseven) hours days and an aggregate period exceeding 7 14 (sevenfourteen) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.325.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by Concessionaire, by, or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement judgment or order of any court of competent jurisdiction or statutory authority Participating ULBs made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityParticipating ULBs;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Hospital and/or Medical College for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.336.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment Equipment in India if such delay or failure is caused outside India by any event specified in Sub-Sub- clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(g) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal XXX Ropeway for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.334.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionaire, Contractors or their respective employees/employees or representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 (twenty four) hours and an aggregate period exceeding 7 (seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.331.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment Equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause Clause
(a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement or order of any court of competent jurisdiction or statutory authority made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the Authority;
(f) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement
Non-Political Event. β A Non-Political Event shall mean one or more of the following acts or events:
(a) act of God, epidemic, extremely adverse weather conditions, lightning, earthquake, landslide, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionising ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Site);
(b) strikes or boycotts (other than those involving the Concessionairecontractors, Contractors or their respective employees/representatives, or attributable to any act or omission of any of them) interrupting supplies and services to the Bus Terminal Project for a continuous period of 24 7 (twenty fourseven) hours days and an aggregate period exceeding 7 14 (sevenfourteen) days in an Accounting Year, and not being an Indirect Political Event set forth in Clause 30.325.3;
(c) any failure or delay of a Contractor but only to the extent caused by another Non-Non- Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by Concessionaire, by, or on behalf of such Contractor;
(d) any delay or failure of an overseas contractor to deliver equipment in India if such delay or failure is caused outside India by any event specified in Sub-clause (a) above and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractor;
(e) any judgement judgment or order of any court of competent jurisdiction or statutory authority Participating ULBs made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permit, or (ii) on account of breach of any Applicable Law or Applicable Permit or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by the AuthorityParticipating ULBs;
(fe) the discovery of geological conditions, toxic contamination or archaeological remains on the Site that could not reasonably have been expected to be discovered through a site inspection; or
(gf) any event or circumstances of a nature analogous to any of the foregoing.
Appears in 1 contract
Samples: Concession Agreement