TERMINATION OF CONTRACT/AGREEMENT. 16.1 This Agreement may be terminated in the following events and in the manner specified hereunder: 16.1.1 In the event that either Party is rendered wholly or partially unable to perform its obligations under this Agreement (“Affected Party”) because of a Force Majeure Act, as described in Clause 17 below, and such inability to perform lasts for not less than a total of nine (9) months in continuous form or of twelve (12) months in discontinuous form in a period of two (2) Years, and in the considered assessment of the other Party (“Non-Affected Party”) there is no reasonable likelihood of the Force Majeure Act coming to an end in the near future, such Party shall have the right to terminate this Agreement, by giving at least ninety (90) days prior written notice to the Affected Party of the intention to so terminate this Agreement. In such event, the termination shall take effect on expiry of the notice period or ninety (90) days whichever is later, and the Parties shall be absolved of all rights/obligations under this Agreement, save those that had already accrued as on the effective date of termination. 16.1.2 In the event that the Purchaser is prevented /disabled under law from using Coal, for reasons beyond their control, owing to changes in applicable environmental and/or statutory norms, howsoever brought into force; the Purchaser shall have the right to terminate this Agreement, subject to a prior written notice to the Seller of thirty (30) days.
Appears in 3 contracts
Samples: Fuel Supply Agreement, Coal Supply Agreement, Coal Supply Agreement
TERMINATION OF CONTRACT/AGREEMENT. 16.1 This Notwithstanding the provisions of Clause 2, this Agreement may be terminated in the following events and in the manner specified hereunder:
16.1.1 In the event that either Party is rendered wholly or partially unable to perform its obligations under this Agreement (“Affected Party”) because of a Force Majeure Act, as described in Clause 17 below, and such inability to perform lasts for not less than a total of nine ninety (990) months days in any continuous form or of twelve (12) months in discontinuous form in a period of two one hundred eighty (2180) Yearsdays, and in the considered assessment of the other Party (“Non-Affected Party”) there is no reasonable likelihood of the Force Majeure Act coming to an end in the near future, such Party shall have the right to terminate this Agreement, by giving at least ninety (90) days prior written notice to the Affected Party of the intention to so terminate this Agreement. In such event, the termination shall take effect on expiry of the notice period or ninety (90) days whichever is later, and the Parties shall be absolved of all rights/obligations under this Agreement, save those that had already accrued as on the effective date of termination.
16.1.2 In the event that the Purchaser is prevented /disabled under law from using Coal, for reasons beyond their control, owing to changes in applicable environmental and/or statutory norms, howsoever brought into force; the Purchaser shall have the right to terminate this Agreement, subject to a prior written notice to the Seller of not less than thirty (30) days.
16.1.3 In the event of any material change in the Coal distribution system of Seller due to a Government directive/ notification, at any time after the execution of this Agreement, the Seller may terminate this Agreement without any obligation/liability after providing the Purchaser with prior written notice to the Purchaser of not less than thirty (30) days.
Appears in 2 contracts
Samples: Coal Supply Agreement, Coal Supply Agreement
TERMINATION OF CONTRACT/AGREEMENT. 16.1 This Agreement may be terminated in the following events and in the manner specified hereunder:
16.1.1 In the event that either Party is rendered wholly or partially unable to perform its obligations under this Agreement (“Affected Party”) because of a Force Majeure Act, as described in Clause 17 below, and such inability to perform lasts for not less than a total of nine (9) months in continuous form or of twelve (12) months in discontinuous form in a period of two (2) Years, and in the considered assessment of the other Party (“Non-Non- Affected Party”) there is no reasonable likelihood of the Force Majeure Act coming to an end in the near future, such Party shall have the right to terminate this Agreement, by giving at least ninety (90) days prior written notice to the Affected Party of the intention to so terminate this Agreement. In such event, the termination shall take effect on expiry of the notice period or ninety (90) days whichever is later, and the Parties shall be absolved of all rights/obligations under this Agreement, save those that had already accrued as on the effective date of termination.
16.1.2 In the event that the Purchaser is prevented /disabled under law from using Coal, for reasons beyond their control, owing to changes in applicable environmental and/or statutory norms, howsoever brought into force; the Purchaser shall have the right to terminate this Agreement, subject to a prior written notice to the Seller of thirty (30) days.
Appears in 1 contract
Samples: Coal Supply Agreement
TERMINATION OF CONTRACT/AGREEMENT. 16.1 This Notwithstanding the provisions of Clause 2, this Agreement may be terminated in the following events and in the manner specified hereunder:
16.1.1 In the event that either Party is rendered wholly or partially unable to perform its obligations under this Agreement (“Affected Party”) because of a Force Majeure Act, as described in Clause 17 below, and such inability to perform lasts for not less than a total of nine ninety (990) months days in any continuous form or of twelve (12) months in discontinuous form in a period of two one hundred eighty (2180) Yearsdays, and in the considered assessment of the other Party (“Non-Non- Affected Party”) there is no reasonable likelihood of the Force Majeure Act coming to an end in the near future, such Party shall have the right to terminate this Agreement, by giving at least ninety (90) days prior written notice to the Affected Party of the intention to so terminate this Agreement. In such event, the termination shall take effect on expiry of the notice period or ninety (90) days whichever is later, and the Parties shall be absolved of all rights/obligations under this Agreement, save those that had already accrued as on the effective date of termination.
16.1.2 In the event that the Purchaser is prevented /disabled under law from using Coal, for reasons beyond their control, owing to changes in applicable environmental and/or statutory norms, howsoever brought into force; the Purchaser shall have the right to terminate this Agreement, subject to a prior written notice to the Seller of not less than thirty (30) days.
16.1.3 In the event of any material change in the Coal distribution system of Seller due to a Government directive/ notification, at any time after the execution of this Agreement, the Seller may terminate this Agreement without any obligation/liability after providing the Purchaser with prior written notice to the Purchaser of not less than thirty (30) days.
Appears in 1 contract
Samples: Coal Supply Agreement
TERMINATION OF CONTRACT/AGREEMENT. 16.1 This Notwithstanding the provisions of Clause 2, this Agreement may be terminated in the following events and in the manner specified hereunder:
16.1.1 In the event that either Party is rendered wholly or partially unable to perform its obligations under this Agreement (“Affected Party”) because of a Force Majeure Act, as described in Clause 17 below, and such inability to perform lasts for not less than a total of nine ninety (990) months days in any continuous form or of twelve (12) months in discontinuous form in a period of two one hundred eighty (2180) Yearsdays, and in the considered assessment of the other Party (“Non-Affected Party”) there is no reasonable likelihood of the Force Majeure Act coming to an end in the near future, such Party shall have the right to terminate this Agreement, by giving at least ninety (90) days prior written notice to the Affected Party of the intention to so terminate this Agreement. In such event, the termination shall take effect on expiry of the notice period or ninety (90) days whichever is later, and the Parties shall be absolved of all rights/obligations under this Agreement, save those that had already accrued as on the effective date of termination.
16.1.2 In the event that the Purchaser is prevented /disabled under law from using Coal, for reasons beyond their control, owing to changes in applicable environmental and/or statutory norms, howsoever brought into force; the Purchaser shall have the right to terminate this Agreement, subject to a prior written notice to the Seller of not less than thirty (30) days.
16.1.3 In the event of any material change in the Coal distribution system of the Seller due to a Government directive/ notification, at any time after the execution of this Agreement, the Seller shall within seven (7) days of introduction of such change provide a written notice to the Purchaser calling for a joint review. If the Parties are unable to arrive at a mutually agreed position with respect to the subject matter of review, within a period of thirty
Appears in 1 contract
Samples: Coal Supply Agreement
