Common use of Obligation to cure Force Majeure Diligently Clause in Contracts

Obligation to cure Force Majeure Diligently. 18.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 18.5.1.1 Provide prompt notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 18.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 18.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 18.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 18.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 18.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 18.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 18.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 18.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event. 18.6 So long as the affected Party has at all times since the occurrence of the Force Majeure event complied with the obligations of Clause 18.5 and continues to so comply then, the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Contract during the existence of a Force Majeure event; provided, however, that no relief shall be granted to the affected Party pursuant to this Clause 18.6 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure event not occurred. 18.7 If the performance of this Contract is prevented, hindered or delayed for a continuous period of 180 (one hundred eighty) days from the beginning of a Force Majeure event or for an aggregate period of more than 270 (two hundred seventy) days during the Term, due to a Force Majeure event, then the Parties Contract for Horticulture Maintenance and Landscaping Page 24 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT

Obligation to cure Force Majeure Diligently. 18.5.1 19.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 18.5.1.1 19.5.1.1 Provide prompt notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 18.0 19.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 18.5.1.2 19.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 18.5.1.3 19.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 18.5.1.4 19.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 18.5.1.5 19.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 18.5.1.6 19.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 18.5.2 19.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 18.519.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event. 18.6 19.6 So long as the affected Party has at all times since the occurrence of the Force Majeure event complied with the obligations of Clause 18.5 19.5 and continues to so comply then, the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Contract during the existence of a Force Majeure event; provided, however, that no relief shall be granted to the affected Party pursuant to this Clause 18.6 19.6 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure event not occurred. 18.7 19.7 If the performance of this Contract is prevented, hindered or delayed for a continuous period of 180 (one hundred eighty) days from the beginning of a Force Majeure event or for an aggregate period of more than 270 (two hundred seventy) days during the Term, due to a Force Majeure event, then the Parties Contract for Horticulture Maintenance and Landscaping Facility Management Service Page 24 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT28 OTPC TOWNSHIP, KHILPARA, GOMATI DISTRICT, TRIPURA

Obligation to cure Force Majeure Diligently. 18.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 18.5.1.1 Provide prompt notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 18.0 Article 18.5 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 18.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 18.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 18.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 18.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 18.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 18.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 18.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event. 18.6 So long as the affected Party has at all times since the occurrence of the Force Majeure event complied with the obligations of Clause 18.5 and continues to so comply then, the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Contract during the existence of a Force Majeure event; provided, however, that no relief shall be granted to the affected Party pursuant to this Clause 18.6 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure event not occurred. 18.7 If the performance of this Contract is prevented, hindered or delayed for a continuous period of 180 (one hundred eighty) days from the beginning of a Force Majeure event or for an aggregate period of more than 270 (two hundred seventy) days during the Term, due to a Force Majeure event, then the Parties Contract for Horticulture Maintenance Housekeeping and Landscaping Canteen Catering Services Page 24 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANT

Obligation to cure Force Majeure Diligently. 18.5.1 17.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 18.5.1.1 17.5.1.1 Provide prompt notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 18.0 Article 21.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 18.5.1.2 17.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 18.5.1.3 17.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 18.5.1.4 17.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 18.5.1.5 17.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 18.5.1.6 17.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 18.5.2 17.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 18.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event. 18.6 17.6 So long as the affected Party has at all times since the occurrence of the Force Majeure event complied with the obligations of Clause 18.5 and continues to so comply then, the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Contract during the existence of a Force Majeure event; provided, however, that no relief shall be granted to the affected Party pursuant to this Clause 18.6 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure event not occurred. 18.7 17.7 If the performance of this Contract is prevented, hindered or delayed for a continuous period of 180 (one hundred eighty) days from the beginning of a Force Majeure event or for an aggregate period of more than 270 (two hundred seventy) days during the Term, due to a Force Majeure event, then the Parties shall mutually decide further course of action. If mutual settlement cannot be arrived at within 30 (thirty) days, either Party shall have the right to terminate this Contract for Horticulture Maintenance and Landscaping Page 24 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANTin accordance with Clause 43.3.2. 18.0 PERFORMANCE BANK GUARANTEE

Obligation to cure Force Majeure Diligently. 18.5.1 If either Party claims an event of Force Majeure, then the Party claiming the event shall: 18.5.1.1 Provide prompt notice, and in any event within 7 (seven) days from the occurrence of such Force Majeure event, to the other Party of the occurrence of Force Majeure event, stating whether it claims relief under this Clause 18.0 by giving reasons of such event, expected duration of such event and probable impact of such event on the performance of its obligations hereunder; 18.5.1.2 Exercise all reasonable efforts to continue to perform its obligations hereunder; 18.5.1.3 Consult with the other Party, agree upon the action to be taken and expeditiously take action to correct or cure the event or condition excusing performance; 18.5.1.4 Exercise all reasonable efforts to mitigate or limit damages to the other Party to the extent such action will not adversely affect its own interests; 18.5.1.5 Furnish weekly reports with respect to its progress in overcoming the adverse affects of such event or circumstances; and 18.5.1.6 Provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance. 18.5.2 The affected Party shall not be obliged, when complying with its obligations under this Clause 18.5, to take any steps which would not be in accordance with Good Engineering & Construction Practices or to take any steps beyond its reasonable control. The suspension of the obligations hereunder of the affected Party shall be of no greater scope and no longer duration than is reasonably necessitated by the Force Majeure event. 18.6 So long as the affected Party has at all times since the occurrence of the Force Majeure event complied with the obligations of Clause 18.5 and continues to so comply then, the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Contract during the existence of a Force Majeure event; provided, however, that no relief shall be granted to the affected Party pursuant to this Clause 18.6 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure event not occurred. 18.7 If the performance of this Contract is prevented, hindered or delayed for a continuous period of 180 (one hundred eighty) days from the beginning of a Force Majeure event or for an aggregate period of more than 270 (two hundred seventy) days during the Term, due to a Force Majeure event, then the Parties Contract for Horticulture Maintenance and Landscaping Page 24 Plant: 2X363.3 MW GAS BASED COMBINED CYCLE POWER PLANTParties