Common use of Relief for Unforeseen Events Clause in Contracts

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 to in Clause 17.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.

Relief for Unforeseen Events. 17.10.1 15.10.1 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 17.1015.10. 17.10.2 15.10.2 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 15.10.3 The conciliation tribunal referred to in Clause 17.10.2 15.10.2 shall conduct its proceedings in accordance with the provisions of Article 23 21 as if it is an arbitration proceeding under that Article, save and except as provided in this Clause 17.1015.10. 17.10.4 15.10.4 The conciliation tribunal referred to in this Clause 17.10 15.10 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 17.1015.10. 17.10.5 15.10.5 Upon completion of the conciliation proceedings referred to in this Clause 17.1015.10, 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 15.10.6 Within 15 (fifteen) days of receiving the order referred to in Clause 17.10.515.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project Supply of Electricity in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.

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 UnforeseenEvent 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 aremedy 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 to in Clause 17.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.

Relief for Unforeseen Events. 17.10.1 15.10.1 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 17.1015.10. 17.10.2 15.10.2 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 15.10.3 The conciliation tribunal referred to in Clause 17.10.2 15.10.2 shall conduct its proceedings in accordance with the provisions of Article 23 21 as if it is an arbitration proceeding under that Article, save and except as provided in this Clause 17.1015.10. 17.10.4 15.10.4 The conciliation tribunal referred to in this Clause 17.10 15.10 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 17.1015.10. 17.10.5 15.10.5 Upon completion of the conciliation proceedings referred to in this Clause 17.1015.10, 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 15.10.6 Within 15 (fifteen) days of receiving the order referred to in Clause 17.10.515.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.

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 to in Clause 17.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the AgreementAggrement.

Relief for Unforeseen Events. 17.10.1 29.13.1. 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 Events with the particulars thereof and its effects on the costs, expense and revenues of the Power StationProject. 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 occurrence thereof, deal with it in accordance with the provisions of this Clause 17.10.29.13 17.10.2 29.13.2. Upon determination of the occurrence of an the 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 29.13.3. The conciliation tribunal referred to in Clause 17.10.2 29.13.2 shall conduct its proceedings in accordance with the provisions of Article 23 39 as if it is an arbitration proceeding under that Article, save and except as provided in this Clause 17.10.29.13 17.10.4 29.13.4. The conciliation tribunal referred to in this Clause 17.10 29.13 shall conduct preliminary proceedings to satisfy itself that - (a) an An Unforeseen Event has occurred; (b) the The effects of such Unforeseen Event cannot be mitigated without a remedy or relief which is not contemplated in the Agreement; and (c) the The Unforeseen Event or its effects have not been caused by any Party by any act or omission or of its part, ; and if the conciliation tribunal is satisfied that each of the conditions conciliations specified hereinabove is fulfilled, it shall issue an order to this effect and conduct further proceedings under this Clause 17.10.29.13 17.10.5 29.13.5. Upon completion of the conciliation proceedings referred to in this Clause 17.1029.13, 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 to in Clause 17.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.

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 aremedy 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 to in Clause 17.10.5, the Parties shall meet and make efforts in good faith to accept, in whole or in part, the relief or remedy recommended by the conciliation tribunal for mitigating the effects of the Unforeseen Event and to procure implementation of the Project in accordance with the provisions of this Agreement. In pursuance hereof, the Parties may, enter into a Memorandum of Understanding (the “MoU”) setting forth the agreement reached hereunder, and the terms of such MoU shall have force and effect as if they form part of the Agreement.