Common use of Non Political Force Majeure Events Clause in Contracts

Non Political Force Majeure Events. 18.2.1. For purposes of Clause 18.1, Non-Political Events shall mean one or more of the following acts or events: a) acts of God or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or fire (to the extent originating from a source external to the Site or beyond design specifications for the Construction Works) or landslide; b) radioactive contamination or ionizing radiation; 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 Project for a period exceeding a continuous period of 21 (twenty one) days in a Financial Year, and not being an Indirect Indian Political Event set forth in Clause 18.3 hereof; d) 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; e) any event or circumstance of a nature analogous to any of the foregoing; and 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.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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Non Political Force Majeure Events. 18.2.1. For purposes of Clause 18.115.1, Non-Political Events shall mean one or more of the following acts or events: (a) acts Acts of God or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or fire (to the extent originating from a source external to the Site or beyond design specifications for the Construction Works) or landslide; (b) radioactive Radioactive contamination or ionizing radiation; (c) strikes Strikes or boycotts (other than those involving the ConcessionaireDCO, Contractors or their respective employees/representatives or attributable to any act or omission of any of them) interrupting supplies and services to the Project for a period exceeding a continuous period of 21 (twenty one) days in a Financial Year, and not being an Indirect Indian Political Event set forth in Clause 18.3 15.3 hereof; (d) any 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 DCO by or on behalf of such Contractor; (e) any Any event or circumstance of a nature analogous to any of the foregoing; and; (f) the 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; and (g) Drop in availability of ground water or contamination of ground water such that the same cannot be used for production of PDW after treatment in line with specification of BIS (“Water Force Majeure Event”).

Appears in 1 contract

Samples: Construction Contract

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Non Political Force Majeure Events. 18.2.1. For purposes of Clause 18.1, Non-Political Events shall mean one or more of the following acts or events: a) acts of God or events beyond the reasonable control of the Affected Party which could not reasonably have been expected to occur, exceptionally adverse weather conditions, lightning, earthquake, cyclone, flood, volcanic eruption or fire (to the extent originating from a source external to the Site or beyond design specifications for the Construction Works) or landslide; b) radioactive contamination or ionizing radiation; 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 Project for a period exceeding a continuous period of 21 (twenty one) days in a Financial Year, and not being an Indirect Indian Political Event set forth in Clause 18.3 hereof; ; [Version Date : 21.11.2013] Page 104 d) 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; e) any event or circumstance of a nature analogous to any of the foregoing; and 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.

Appears in 1 contract

Samples: Concession Agreement

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