FORCE MAJEURE नमूना खंड

FORCE MAJEURE. The following clause shall supplement / amend General Conditions of Contract (GCC) – Form No. CMM-22/Rev.4 clause number 15.2 – FORCE MAJEURE. Wherever there is a conflict between the two, the provisions in SCC shall prevail over those in the GCC. 15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting from any force majeure cause as referred to / or defined above. The date of completion will, subject to hereinafter provided, be extended by a reasonable time even though such cause may occur after Contractor's performance of his obligations has been delayed for other cause.

FORCE MAJEURE. 15.1 Force Majeure is herein defined as any cause which is beyond the control of the Contractor or the Purchaser, as the case may be, which they could not foresee or with a reasonable amount of diligence could not have foreseen and which substantially affects the performance of the Contract, such as: 15.1.1 Natural Phenomena, including but not limited to floods, droughts, earthquakes and epidemics. 15.1.2 Acts of any Government, domestic or foreign, including but not limited to war - declared or undeclared, priorities, quarantines, embargoes. 15.1.3 Other phenomena including but not limited to hostilities, riots, civil commotion and declared lock- out in Contractor's works. 15.2 Provided that Parties shall not be liable for delays in performing its obligations resulting from any force majeure cause as referred to / or defined above. The date of completion will, subject to hereinafter provided, be extended by a reasonable time even though such cause may occur after Contractor's performance of his obligations has been delayed for other cause. However, the contractor is not entitled to increase in statutory levies in statutory levies that have come into force during the extended delivery period.

FORCE MAJEURE i. Notwithstanding the provisions of terms and conditions contained in this RFP, neither party shall be liable for any delay in in performing its obligations herein if and to the extent that such delay is the result of an event of Force Majeure. ii. For the purposes of this clause, 'Force Majeure' means and includes wars, insurrections, revolution, civil disturbance, riots, terrorist acts, public strikes, hartal, bundh, fires, floods, epidemic, quarantine restrictions, freight embargoes, declared general strikes in relevant industries, Vis Major, acts of Government in their sovereign capacity, impeding reasonable performance of Service Provider and / or Sub-Contractor but does not include any foreseeable events, commercial considerations or those involving fault or negligence on the part of the party claiming Force Majeure. iii. If a Force Majeure situation arises, Service Provider shall promptly notify NaBFID in writing of such condition and the cause thereof. Unless otherwise directed by XxXXXX in writing, Service Provider shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. iv. If the Force Majeure situation continues beyond 30 (thirty) days, either party shall have the right to terminate the Agreement by giving a notice to the other party. Neither party shall have any penal liability to the other in respect of the termination of the Agreement as a result of an event of Force Majeure. However, Service Provider shall be entitled to receive payments for all services actually rendered up to the date of the termination of the Agreement.

FORCE MAJEURE. The Bidder shall not be liable for forfeiture of its earnest money / performance bank guarantee, liquidated damages, or termination for default, if and to the extent that it’s delay in performance or other failure to perform its obligations under the contract is the result of an event of Force Majeure.

FORCE MAJEURE. In the event of any unforeseen event directly interfering with the operation of license arising during the currency of this Agreement; such as war, insurrection, restraint imposed by the Government, act of legislature or other authority, explosion, accident, strike, riot, lock out, act of public enemy, acts of God, sabotage, etc., the Licensee shall, within a week from the commencement thereof, notify the same in writing to the Railway with reasonable evidence thereof. In such event of force majeure, if mutually agreed by both parties, the tenure of this Agreement may be further extended for the period during which license was not operational.

FORCE MAJEURE. 4.1 Neither PARTY SHALL BE liable for delay in performing obligations or for failure to perform obligations if the delay or failure results from any of the following force majeure, Act of God, or any governmental act, fire, earthquake, major explosion, major accident, industrial dispute, civil commotion, or anything beyond the control of either party. The parties shall use all reasonable endeavors to minimize any such delay. Upon cessation of the event giving rise to the delay the parties shall insofar as may be practicable under the circumstances complete performance of their respective obligations hereunder. Notwithstanding the foregoing, if any of the above mentioned event shall preclude THE COMPANY from meeting any or all of its obligations hereunder, for a period of more than 3 months, from the date of occurrence of such act, it shall be open to either party to rescind this contract by giving 1 month’s notice. In such cases Bank reserves the right to forfeit the EMD etc.

FORCE MAJEURE. 8.32.1. Notwithstanding the provisions of terms and conditions contained in this RFP, neither party shall be liable for any delay in in performing its obligations herein if and to the extent that such delay is the result of an event of Force Majeure. 8.32.2. For the purposes of this clause, 'Force Majeure' means and includes wars, insurrections, revolution, civil disturbance, riots, terrorist acts, public strikes, hartal, bundh, fires, floods, epidemic, quarantine restrictions, freight embargoes, declared general strikes in relevant industries, Vis Major, acts of Government in their sovereign capacity, impeding reasonable performance of Service Provider and / or Sub- Contractor but does not include any foreseeable events, commercial considerations or those involving fault or negligence on the part of the party claiming Force Majeure 8.32.3. If a Force Majeure situation arises, Service Provider shall promptly notify the Bank in writing of such condition and the cause thereof. Unless otherwise directed by the Bank in writing, Service Provider shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 8.32.4. If the Force Majeure situation continues beyond 30 (thirty) days, either party shall have the right to terminate the Agreement by giving a notice to the other party. Neither party shall have any penal liability to the other in respect of the termination of the Agreement as a result of an event of Force Majeure. However, Service Provider shall be entitled to receive payments for all services actually rendered up to the date of the termination of the Agreement.

FORCE MAJEURE. 11.32.1. If the performance as specified in this order is prevented, restricted, delayed or interfered by reason of Fire, explosion, cyclone, floods, War, revolution, acts of public enemies, blockage or embargo, Any law, order, proclamation, ordinance, demand or requirements of any Government or authority or representative of any such Government including restrict trade practices or regulations, Strikes, shutdowns or labour disputes which are not instigated for the purpose of avoiding obligations herein, or Any other circumstances beyond the control of the party affected, then notwithstanding anything here before contained, the party affected shall be excused from its performance to the extent such performance relates to prevention, restriction, delay or interference and provided the party so affected uses its best efforts to remove such cause of non-performance and when removed the party shall continue performance with utmost dispatch. 11.32.2. If a Force Majeure situation arises, the Bidder shall promptly notify the Bank in writing of such condition, the cause thereof and the change that is necessitated due to the conditions. Until and unless otherwise directed by the Bank in writing, the Bidder shall continue to perform its obligations under the Contract as far s is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event

FORCE MAJEURE. If all or any part of the licensed Premises shall be destroyed or damaged due to fire, storm, flood, tempest, act of God, act of terrorism, war or any other irresistible force or the Licensed Premises are rendered inaccessible or unfit for the Said Business of the Licensee for any of the foregoing reasons, then the obligation to make payment of license fees or a fair proportion thereof shall be suspended till such time the Said Premises have been repaired and rendered fit for the purposes contemplated under License Agreement. In such an eventuality, the Licensee shall have the right to terminate License Agreement by giving 15 (fifteen) days’ notice. However it is further agreed by the parties that nothing in this clause shall prejudice the right of the Licensee contained elsewhere in this License Agreement. It is mutually agreed by the parties that in case visibility/access of Licensed Premises is obstructed due to any construction carried out by Govt. Authority/Department including but not limited to due to laying of underground cable, water pipeline maintenance, sewerage maintenance, etc. for continuous period of two months, then License Fee shall be renegotiated during such construction period.

FORCE MAJEURE. If any time, during the continuance of this contract, the performance in whole or in party either party under obligation as per this contract is prevented or delayed by reasons of any war or hostility, act of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restrictions, strike, lockout or acts of God (hereinafter referred to “eventuality”), provided notice of happening of any such eventuality is given by either party to the other within 21 days of the date of occurrence thereof, neither party shall be reason of such an “eventuality” be entitled to terminate this contract nor shall either party have any claim or damages against the other in respect of such nonperformance or delay in performance and deliveries under the contract. The contract shall be resumed as soon as practicable after such “eventuality” has come to an end or ceased to exist. In case of any dispute, the decision of Director, IIM Raipur shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such eventuality for a period exceeding 60 days, either party may at its option, terminate the contract. Provided also that if the contract is terminated under this clause the Institute shall be at liberty to take over from the Contractor at a price to be fixed by the Institute, which shall be final, all unused, undamaged and acceptable materials, bought out components and other stores in the course of manufacture which may be in the possession of the Contractor at the time of such termination, or such portion thereof as the Institute may deem fit except such material, as the Contractor may, with the concurrence of the Institute, elect to retain.