Common use of Non Political Force Majeure Events Clause in Contracts

Non Political Force Majeure Events. For purposes of Clause 15.1, Non-Political Events shall mean one or more of the following acts or events: (i) acts of God, epidemic, extremely adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(s)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide (ii) 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 Site(s) for a period exceeding a continuous period of twenty four (24) hours and an aggregate period exceeding fifteen (15) days in an Accounting Year (iii) 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; (iv) any judgement or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by DTIDCL; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, or (vi) Any event or circumstance of a nature analogous to any of the foregoing.

Non Political Force Majeure Events. For the purposes of Clause 15.1Article 26.1, Non-Political Non‐Political Force Majeure Events shall mean one or more of the following acts or events: (i) acts Acts of GodGod or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, epidemic, extremely extreme adverse weather or environmental conditions, lightning, earthquakeearthquakes, cycloneheavy rains, floodcyclones, tempest, whirlwind, landslides, storms, floods, volcanic eruption, chemical eruptions or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(sSite or not designed for in construction Works)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide; (ii) strikes Radioactive contamination or ionising radiation; iii) Strikes or boycotts (other than those involving the Concessionaire, contractors Contractors, or their respective employees/ representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project Site(s) for a period exceeding a continuous period of twenty four exceeding 7 (24) hours and an aggregate period exceeding fifteen (15seven) days in an Accounting Year, and not being an Indirect Political Event set forth in Article 26.3; (iiiiv) any Any failure or delay of a contractor Contractor but only to the extent caused by another Non- Political Non‐Political Event and which does not result in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractorContractor; (ivv) any judgement Any judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons the reason other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, Clearances or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, Concession Agreement or (iv) exercise of any of its rights under this Concession Agreement by DTIDCL; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, Authority; or (vi) Any other event or circumstance of a nature analogous to the foregoing, to the extent that insurance is available at a reasonable cost to cover the occurrence of any of the foregoingnatural events. The Concessionaire will ensure that it has insured itself against such risks.

Non Political Force Majeure Events. For purposes of Clause 15.1, Non-Political Events shall mean one or more of the following acts or events: (i) acts of God, epidemic, extremely adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(s)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide (ii) 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 Site(s) for a period exceeding a continuous period of twenty four (24) hours and an aggregate period exceeding fifteen (15) days in an Accounting Yearthe contract period, (iii) 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; (iv) any judgement or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by DTIDCL; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, or (vi) Any event or circumstance of a nature analogous to any of the foregoing.

Non Political Force Majeure Events. For purposes of Clause 15.1, Non-Political Non­Political Events shall mean one or more of the following acts or events: (i) acts of God, epidemic, extremely adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption, chemical or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(s)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide (ii) 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 Site(s) for a (An Enterprise of GNCTD) Marketing, Operation and Maintenance of BQS on PPP basis Concession Agreement for Zone period exceeding a continuous period of twenty four (24) hours and an aggregate period exceeding fifteen (15) days in an Accounting Yearthe contract period, (iii) 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 by or on behalf of such contractor;contractor; (iv) any judgement or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by DTIDCL;DTIDCL; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, or (vi) Any event or circumstance of a nature analogous to any of the foregoing.

Non Political Force Majeure Events. For purposes of Clause 15.1this Clause, Non-Political Force Majeure Events shall mean one or more of the following acts or events: (ia) acts of GodGod or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, epidemic, extremely exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption, chemical eruption or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(s)Concession premises) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide; (iib) strikes Radioactive contamination or ionizing radiation; c) Strikes or boycotts (other than those involving the Concessionaire, contractors Concessionaires or their respective employees/ representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project Site(s) public for a period exceeding a continuous period of twenty four Thirty (2430) hours and an aggregate period exceeding fifteen (15) days in an Accounting Yeardays; (iiid) 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; (iv) any judgement judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, Clearances or (ii) Approvals or on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, Agreement or (iv) exercise of any of its rights under this Agreement by DTIDCLGMCBL; e) an act of war (vwhether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, riot, insurrection, terrorist or military action, civil commotion which prevents or restricts the performance by the Concessionaire of its obligations under this Agreement for a period exceeding a continuous period of Thirty (30) days; f) industry wide or State wide or India wide strikes or industrial action which prevent the discovery Concessionaire from providing the services under the Concession Agreement for a period exceeding a continuous period of geological conditions, toxic contamination or archaeological remains on the Project Site(sThirty (30) that could not reasonably have been expected to be discovered through a site inspection, ordays; (vig) Any event or circumstance of a nature analogous to any of the foregoing.

Non Political Force Majeure Events. For purposes of Clause 15.113.1.1, Non-Non- Political Events shall mean one or more of the following acts or events: (i) acts of GodGod or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, epidemic, extremely exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption, chemical eruption or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(s)Site or beyond design specifications for the Refurbishment Works) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide; (ii) radioactive contamination or ionizing radiation; (iii) strikes or boycotts (other than those involving the Concessionaire, contractors Sub- Contractors or their respective employees/ representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project Site(s) for a period exceeding a continuous period of twenty four seven (24) hours and an aggregate period exceeding fifteen (157) days in an Accounting Year, and not being an Indirect Political Force Majeure Event set forth in Clause 13.1.3 hereof; (iiiiv) any failure or delay of a 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 by or on behalf of such contractorContractor; (ivv) any judgement judgment or order of any court of competent jurisdiction or statutory authority in Jammu & Kashmir made against the Concessionaire in any proceedings for reasons other than failure of the Concessionaire to comply with any Applicable Law or Applicable Permits or on account of breach thereof, or of any contract, or enforcement of this Concession Agreement or exercise of any of its rights under this Concession Agreement by the Authority or any judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire Authority in any proceedings for reasons other than (i) failure of the Concessionaire Authority to comply with any Applicable Law or Applicable Permits, Permits or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, Concession Agreement or (iv) exercise of any of its rights under this Concession Agreement by DTIDCLConcessionaire; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, or (vi) Any any event or circumstance of a nature analogous to any of the foregoing.

Non Political Force Majeure Events. For the purposes of Clause 15.1this Agreement, Non-Political Force Majeure Events shall mean one or more of the following acts or events: (i) acts Acts of GodGod or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, epidemic, extremely extreme adverse weather or environmental conditions, lightning, earthquakeearthquakes, cycloneheavy rains, floodcyclones, tempest, whirlwind, landslides, storms, floods, volcanic eruption, chemical eruptions or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(ssite or not designed for in construction works)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide; (ii) strikes Radioactive contamination or ionising radiation; iii) fire (to the extent originating from a source external to the site or not designed for in construction works); iv) Strikes or boycotts interrupting supplies and services to the Project (other than those involving the Concessionaire, contractors Concessionaire or their respective employees/ representatives its Employees/Agents or attributable to any act or omission of any of them) interrupting supplies and services to the Project Site(s) for a period exceeding a 15 continuous period of twenty four (24) hours and an aggregate period exceeding fifteen (15) days in a Financial Year, not being an Accounting Year (iii) any failure or delay of a contractor but only to the extent caused by another Non- Indirect Political Event and which does not result set forth in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractorthis Article hereof; (ivv) any judgement Any judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons the reason other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, Clearances or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, or (iv) exercise of any of its rights under this Agreement by DTIDCL;breach (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, or (vi) Any other event or circumstance of a nature analogous to the foregoing, to the extent that insurance is available at a reasonable cost to cover the occurrence of any of the foregoingnatural events. The Concessionaire will ensure that it has insured itself against such risks.

Non Political Force Majeure Events. For the purposes of Clause 15.1this Agreement, Non-Political Force Majeure Events shall mean one or more of the following acts or events: (i) acts Acts of GodGod or events beyond the reasonable control of a the Affected Party which could not reasonably have been expected to occur, epidemic, extremely extreme adverse weather or environmental conditions, lightning, earthquakeearthquakes, cycloneheavy rains, floodcyclones, tempest, whirlwind, landslides, storms, floods, volcanic eruption, chemical eruptions or radioactive contamination or ionizing radiation, fire or explosion (to the extent of contamination or radiation or fire or explosion originating from a source external to the Project Site(ssite or not designed for in construction works)) xxxxx, xxxxxxx, hurricane, cyclone, thunder, inundation, or fire, landslide; (ii) strikes Radioactive contamination or ionising radiation; iii) fire (to the extent originating from a source external to the site or not designed for in construction works); iv) Strikes or boycotts interrupting supplies and services to the Project (other than those involving the Concessionaire, contractors Concessionaire or their respective employees/ representatives its Employees/Agents or attributable to any act or omission of any of them) interrupting supplies and services to the Project Site(s) for a period exceeding a 15 continuous period of twenty four (24) hours and an aggregate period exceeding fifteen (15) days in a Financial Year, not being an Accounting Year (iii) any failure or delay of a contractor but only to the extent caused by another Non- Indirect Political Event and which does not result set forth in any offsetting compensation being payable to the Concessionaire by or on behalf of such contractorArticle 9.3 hereof; (ivv) any judgement Any judgment or order of any court of competent jurisdiction or statutory authority in India made against the Concessionaire in any proceedings for reasons the reason other than (i) failure of the Concessionaire to comply with any Applicable Law or Applicable Permits, Clearances or (ii) on account of breach thereof, or of any contract, or (iii) enforcement of this Agreement, Concession Agreement or (iv) exercise of any of its rights under this Concession Agreement by DTIDCL; (v) the discovery of geological conditions, toxic contamination or archaeological remains on the Project Site(s) that could not reasonably have been expected to be discovered through a site inspection, MC; or (vi) Any other event or circumstance of a nature analogous to the foregoing, to the extent that insurance is available at a reasonable cost to cover the occurrence of any of the foregoingnatural events. The Concessionaire will ensure that it has insured itself against such risks.