Common use of Delay Caused by Force Majeure Clause in Contracts

Delay Caused by Force Majeure. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 and continues to so comply then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the obligation to make any payment otherwise due hereunder) under or pursuant to this Agreement for so long as and to the extent that the performance of such obligations are affected by the Force Majeure Event; and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 15.3 hereinabove and continues to so comply comply, then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the obligation to make any payment otherwise due hereunderpayment) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; event and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 15.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred; provided, further, that, in the case of a Force Majeure Event which damages the Complex, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended beyond the end of the Restoration Period. Other than for breaches of this Agreement by another the other Party, and without prejudice to the affected Party’s right rights to indemnification pursuant to Article XXVI XI or for payments payment pursuant to Articles X or XIArticle IX, Section 15.6, Section 15.8 and Section 15.9, the other Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 10.3 and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any payment otherwise due hereundera payment) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; Event (or the effects thereof on such Party), and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 10.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the other Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other Party shall not bear any liability for any Loss loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of, Section 13.3 and, relevant Sections of Section 23.3 AJ&K IA and WUA and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; providedprovided , however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the other Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other Party shall not bear any liability for any Loss loss or expense suffered by the affected Party as a result of a Force Majeure Event. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a Pakistan Political Event or a Change in Law.

Delay Caused by Force Majeure. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 this Article and continues to so comply then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the obligation to make any payment otherwise due hereunder) under or pursuant to this Agreement for so long as and to the extent that the performance of such obligations are affected by the Force Majeure Event; and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 Article to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other A Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 (Duty to Mitigate) and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 (Delay Caused by Force Majeure) to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the unaffected Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other unaffected Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a Pakistan Political Event or a Change in Law.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 (Duty to Mitigate) and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 (Delay Caused by Force Majeure) to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the unaffected Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other unaffected Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a PPFME or CLFME. [Section 13.5 Change in Law and Pakistan Political Force Majeure Event under this Agreement and the AJ&K Implementation Agreement

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 (Duty to Mitigate) and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 (Delay Caused by Force Majeure) to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the unaffected Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other unaffected Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event.. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a Pakistan Political Event or a Change in Law. Implementation Agreement 48

Delay Caused by Force Majeure. So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 and continues to so comply then: then (ia) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , including, without limitation, in the case of the Seller the Seller's obligation to deliver Coal up to the Daily Contract Quantity and (iih) any performance deadline that the affected Party is obligated to meet under this Agreement Agreement, including the Scheduled Commissioning Period Start Date and the Commercial Operations Date shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another Party, the other Party and without prejudice to the affected Party’s 's right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XIthis Agreement, the other Party shall not bear any liability for any Loss loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another such unaffected Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, Party unaffected by the other Party Force Majeure Event shall not bear any liability for any Loss loss or expense suffered by the affected Party as a result of a Force Majeure Event. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a Pakistan Political Event or a Change in Law.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 (Duty to Mitigate) and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 (Delay Caused by Force Majeure) to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the unaffected Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other unaffected Party shall not bear any liability for any Loss suffered by the affected Party as a result of a Force Majeure Event. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a PPFME or CLFME.

Delay Caused by Force Majeure. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 23.3 13.3 and continues to so comply then: comply, then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than the an obligation to make any a payment otherwise due hereunderor provide security) under or pursuant to this Agreement for so long as and to during the extent that the performance existence of such obligations are affected by the a Force Majeure Event; , and (ii) any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, however, that no relief, including the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 23.4 13.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party had the Force Majeure Event not occurred. Other than for breaches of this Agreement by another the other Party, and without prejudice to the affected Party’s right to indemnification pursuant to Article XXVI or for payments pursuant to Articles X or XI, the other Party (that is not affected by the Force Majeure Event) shall not bear any liability for any Loss loss or expense suffered by the affected Party as a result of a Force Majeure Event. Notwithstanding the foregoing, the GOP shall not be entitled to claim for itself, and shall not be relieved of its obligations under this Agreement or under the Guarantee by the occurrence of a Pakistan Political Event or a Change in Law.