Relief for Unforeseen Events. 23.13.1 Upon occurrence and continuance of an unforeseen event, situation or similar circumstances not contemplated or referred to in this Agreement, and which could not have been foreseen by a prudent and diligent person (“Unforeseen Event”), any Party may by notice inform the other Party of the occurrence of such Unforeseen Event with the particulars thereof and its effects on the costs, expense and revenues of the Project. Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such Unforeseen Event has occurred and is continuing, and upon reaching agreement on occurrence thereof deal with it in accordance with the provisions of this Clause 23.13.
Relief for Unforeseen Events. 17.10.1 Upon occurrence of an unforeseen event, situation or similar circumstances not contemplated or referred to in this Agreement, and which could not have been foreseen by a prudent and diligent person (the “Unforeseen Event”), any Party may by notice inform the other Party of the occurrence of such Unforeseen Event with the particulars thereof and its effects on the costs, expense and revenues of the Power Station. Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such Unforeseen Event has occurred, and upon reaching agreement on accordance thereof deal with it in accordance with the provisions of this Clause 17.10.
17.10.2 Upon determination of the occurrence of an Unforeseen Event, the Parties shall make a reference to a conciliation tribunal which shall comprise one member each to be nominated by both Parties from among persons who have been Judges of a High Court and the conciliators so nominated shall choose a chairperson who has been a Judge of the Supreme Court or Chief Justice of a High Court.
17.10.3 The conciliation tribunal referred to in Clause 17.10.2 shall conduct its proceedings in accordance with the provisions of Article 23 as if it is an arbitration proceeding under that Article, save and except as provided in this Clause 17.10.
17.10.4 The conciliation tribunal referred to in this Clause 17.10 shall conduct preliminary proceedings to satisfy itself that -
(a) an Unforeseen Event has occurred;
(b) the effects of such Unforeseen Event cannot be mitigated without a remedy or relief which is not contemplated in the Agreement; and
(c) the Unforeseen Event or its effects have not been caused by any Party by any act or omission or its part, and if the conciliation tribunal is satisfied that each of the conditions specified hereinabove is fulfilled, it shall issue an order to this effect and conduct further proceedings under this Clause 17.10.
17.10.5 Upon completion of the conciliation proceedings referred to in this Clause 17.10, the conciliation tribunal may by a reasoned order make recommendations which shall be:
(a) based on a fair and transparent justification;
(b) no greater in scope than is necessary for mitigating the effects of the Unforeseen Event;
(c) of no greater duration than is necessary for mitigating the effects of the Unforeseen Event; and
(d) quantified and restricted in terms of relief or remedy.
17.10.6 Within 15 (fifteen) days of receiving the order referred...
Relief for Unforeseen Events. 1Upon occurrence of an unforeseen event, situation or similar circumstances not contemplated or referred to in this Agreement, and which could not have been foreseen by a prudent and diligent person and such unforeseen event has a Material Adverse Effect on ether Party for satisfaction of their respective material obligations under this Agreement (the “Unforeseen Event”), in such cases the affected Party may by notice inform the other Party of the occurrence of such an Unforeseen Event with the particulars thereof and its effects on the costs, expense and Revenues of the Renewable Energy Project Facilities. Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such an Unforeseen Event has occurred, and upon reaching agreement on accordance thereof deal with it in accordance with the provisions of this Article 16.10.
Relief for Unforeseen Events. 32.12.1 Upon occurrence of an unforeseen event, situation or similar circumstances not contemplated or referred to in this Agreement, and which could not have been foreseen by a prudent and diligent person (the “Unforeseen Event”), any Party may by notice inform the other Party of the occurrence of such Unforeseen Event with the particulars thereof and its effects on the costs, expense and revenues of the Project. Within 15 (fifteen) days of such notice, the Parties shall meet and make efforts in good faith to determine if such Unforeseen Event has occurred, and upon reaching agreement on occurrence thereof, deal with it in accordance with the provisions of this Clause 32.12.
32.12.2 Upon determination of the occurrence of an Unforeseen Event, the Parties shall make a reference for Dispute Resolution Mechanism.
