Excuse from performance of obligations. If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:
(a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event;
(b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and
(c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Bus Terminal is not available to passengers on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Bus Terminal except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Bus Terminal.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from Maha-Metro or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project open to public provided they can be operated safely.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available to Users on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Project except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project: Provided, that any such non-availability and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Engineer without any delay; Provided further that the Concessionaire shall keep all unaffected parts of the Project open to Users, provided they can be operated safely.
Excuse from performance of obligations. 1If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that:
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project Highway is not available to traffic on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Project Highway except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Project Highway. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project Highway open to traffic provided they can be operated safely.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Bus Terminal is not available to passengers on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Bus Terminal except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Bus Terminal. Notwithstanding the above, the Concessionaire shall keep the unaffected part of the Project operational provided they can be operated safely.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Resort is not available to Users, or the Project Infrastructure is not available for the use of the Resort on account of any of the following for the duration thereof:
(a) a Force Majeure Event;
(b) measures taken to ensure the safe use of the Resort and Project Infrastructure, except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Resort or Project Infrastructure. Provided, that any such event and particulars thereof shall be notified by the Concessionaire to the Authority and the Independent Expert without any delay. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Resorts open to Users provided that Hospitality Services can be provided safely.
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Hospital is not available to Patients on account of any of the following for the duration thereof:
(a) a Force Majeure Event;
(b) measures taken to ensure the safe use of the Hospital, except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement;
(c) compliance with a request from the Authority or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Hospital; or
Excuse from performance of obligations. The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Rail System is not available to Users on account of any of the following for the duration thereof:
(a) an event of Force Majeure;
(b) measures taken to ensure the safe use of the Rail System except when unsafe conditions occurred because of failure of the Concessionaire to perform its obligations under this Agreement; or
(c) compliance with a request from MOR or the directions of any Government Instrumentality, the effect of which is to close all or any part of the Rail System. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Rail System open to traffic provided they can be operated safely.
