Government Event definition

Government Event. Has the meaning set forth in Article 15.3(a).

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Government Event means any of the following events which (i) actually prevent or delay the affected Party’s performance of its obligations arising under this Agreement, (ii) are not within the reasonable control of the affected Party, (iii) are without the fault or negligence of the affected Party, (iv) could not have been avoided by the affected Party using reasonable care (such care to include compliance with Prudent Utility Practices) and (v) materially and adversely affect the BOT Company in an amount which exceeds [●] Dollars for any event or in the aggregate for a series of similar events: (i) acts of war (whether declared or undeclared), invasion, actions of terrorists, blockade, embargo (including any consequential unavailability or shortage of fuel or materials) riot, insurrection, civil commotion, sabotage or acts of public enemies, which acts occur within Vietnam and involve the Government; (ii) strikes and/or other work stoppages or labour disputes of a political nature (excluding such events which are Site specific and attributable to the BOT Company, its Contractors, the Coal Supplier and/or the Coal Transporter); (iii) the failure to obtain or renew (or any material delay in respect of the issuance or renewal of), as applicable: (A) any Government Authorisation (on terms and conditions at least as favourable as those contained in the original Government Authorisation); (B) exemptions required for the importation and supply of Coal and Startup Fuel in accordance with Article 12.1(h) of the BOT Contract; (C) an amendment to the Investment Certificate upon extension of the Operational Term (as defined in the BOT Contract) in accordance with the terms and conditions of the BOT Contract; (D) registration of the Assignment in accordance with Article 11.2(c) of the BOT Contract; (E) approval by the MONRE in accordance with Section 6.2 of the BOT Contract; (F) MPI approval for an adjustment to the initial amount of the Investment Capital in accordance with Article 7.4 of the BOT Contract; (G) utilities required for the construction, Commissioning and start up of the Facility in accordance with Article 12.1(k) of the BOT Contract; except, in each case, where caused by fundamental breach of a relevant Project Agreement or the Laws of Vietnam by the BOT Company and provided that the BOT Company has fully complied with all applicable application requirements and deadlines; (iv) the revocation of any Government Authorisation where the BOT Company has fully complied with ...

Government Event means an event produced by a government on its property and administrated under its sole authority.

Examples of Government Event in a sentence

• The Notice of Intent to Terminate shall specify in reasonable detail the Concessionaire Event of Default or the Government Event of Default, as the case may be, giving rise to such notice.

• In the event of a termination of this Agreement for any reason other than a Government Event of Default, or termination under Clause 13.7, the Concessionaire shall without prejudice to the Concessionaire's other liabilities, be liable to Government for all its damages including all costs and expenses (including reasonable attorneys' fees and expenses) relating to the CHP5 Project incurred by the Government, the Heat Purchaser and the Power Purchaser prior to the termination.

• Vietnam shall take all actions within its power to remedy and cure each MOI Event of Default, each EVN Event of Default, each Seller Event of Default and each Force Majeure-Natural, Vietnam Political Event, Foreign Political Event, Government Event or other Event of Default or Force Majeure.

• If the relevant Government Event of Default has not been remedied or rectified within thirty (30) Business Days of such notice, the Project Company may serve a further notice on the Government terminating this Agreement, whereupon subject to Clauses 9.6 (Direct Agreement) and 21.3 (Survival) this Agreement shall terminate.

• On the occurrence of a Government Event of Default, the Project Company (or the Shareholder in case of Expropriation) may serve notice on the Government of the occurrence (and specifying details) of such Government Event of Default.

• Upon a termination of this Agreement by the Concessionaire upon the occurrence and continuation of a Government Event of Default, all Mining Plant and Infrastructure shall become the property of the Government except to the extent the Government elects to transfer the relevant Land to the Concessionaire.

• In the case of a Government Event a copy of the notice shall be provided to the relevant Government Body.

• No such event referred to in Clause 17.1.1 shall become a Seller Event of Default if it substantially results from: a breach by Purchaser of this Agreement; a Government Event of Default; or the occurrence of a Force Majeure Event where Seller has complied with Clause 16.3 (but only to the extent that the Force Majeure Event affects the ability of Seller to perform its obligations under this Agreement).

• Upon the occurrence and continuation of a Government Event of Default under Clause 9.1 above, and the failure by the Government to cure such a default within the applicable cure periods, if any, specified in Clause 9.3, the Company shall have the right to terminate this Agreement by notice to the Government in accordance with the procedures set forth in Article 10.

• Event of Default means either Concessionaire Event of Default or ULB Event of Default or State Government Event of Default or all as the context may admit or require.

More Definitions of Government Event

Government Event means any of the following events which (i) actually prevent or delay the affected Party’s performance of its obligations arising under this BOT Contract, (ii) are not within the reasonable control of the affected Party, (iii) are without the fault or negligence of the affected Party, (iv) could not have been avoided by the affected Party using reasonable care (such care to include compliance with Prudent Utility Practices) and (v) materially and adversely affect the BOT Company or any Sponsor in an amount which exceeds one million (USD1,000,000) Dollars for any event or in the aggregate for a series of similar events: (i) acts of war (whether declared or undeclared), invasion, actions of terrorists, blockade, embargo (including any consequential unavailability or shortage of fuel or materials), riot, insurrection, civil commotion, sabotage or acts of public enemies, which acts occur within Vietnam and involve the Government; (ii) strikes and/or other work stoppages or labour disputes of a political nature (excluding such events which are Site specific and attributable to the BOT Company, its Contractors, the Coal Supplier and/or the Coal Transporter); (iii) the failure to obtain or renew (or any material delay in respect of the issuance or renewal of), as applicable: