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. 15 4.3.1 In the event of a Force Majeure, the contractual obligations, to the extent affected by such event, shall be suspended for as long as performance remains impossible due to the Force Majeure, provided that one Party receives notification of the Force Majeure event from the other Party within two weeks after its occurrence. Any and all liability of the Consultant for damages arising due to its absence caused by the Force Majeure is excluded, provided that this shall not apply to any damages which the Consultant could have, but has wilfully or negligently not, mitigated in light of the circumstances at that time. 15 4.3.2 In the event of a Force Majeure, the Consultant shall be entitled to an extension of the Completion Period equal to the delay caused by such Force Majeure. If the performance of the Services is rendered permanently impossible by the Force Majeure, or if the Force Majeure event continues for more than 180 days, either Party to this Consulting Contract shall be entitled to terminate the Consulting Contract. 15 4.3.3 In the case of a suspension or termination of the Consulting Contract due to Force Majeure, the Consultant shall be entitled to claim from the Employer payment of: 16 (a) a proportionate amount of the Agreed Remuneration for the Services performed up to the occurrence of the Force Majeure; and 16 (b) all necessary and evidenced expenditures of the Consultant arising from the discontinuing of the Services, 16 in each case in accordance with the principles agreed in Paragraph 5 [Remuneration] and the Special Conditions as well as the principles set out in Paragraph 4.6.4 [Suspension or Termination]. 16 4.3.4 The Consultant must, however, mitigate its loss and deduct any proceeds of such mitigation, which shall include: 16 (a) any remuneration paid to the Consultant in consideration for working on other projects during the time the Consultant was (but for the discontinuation) scheduled to work on the Project; and 16 (b) any remuneration that the Consultant could reasonably have earned in consideration for working on other projects during the time the Consultant was (but for the discontinuation) scheduled to work on the Project, but which the Consultant has not received as a result of the Consultant’s wilful misconduct or negligence. 16 4.3.5 The Consultant shall not have any further payment claims as a consequence of the Force Majeure Event. 16

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. 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. 16.1 In the event of either party being rendered unable by force majeure to perform any obligation required to be performed by them under this agreement, the relative obligation of the party affected by such force majeure shall be treated as suspended for the period during which such force majeure clause lasts. 16.2 For such wars, insurrections, riots, earthquakes, storms, floods (excluding due to monsoon), explosion or fires not caused by negligence, lightening, acts of God, epidemics or the public enemy which is of such nature as to delay, curtail or prevent timely action by either party. 16.3 Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered unable, as aforesaid, thereby shall notify the other party in writing by registered notice within 72 (seventy two) hours of the alleged beginning and ending thereof. The Notice shall be followed by a Certificate from local Chamber of Commerce or the Statutory Authority as satisfactory evidence in support of the claim within 15 days of occurrence and cessation of such Force Majeure conditions. 16.4 Time for performance of the relative obligation suspended by the force majeure shall stand extended by the period for which such causes lasts. 16.5 If works are suspended by the force majeure conditions lasting for more than two months, AAI shall have the option of canceling this Contract in whole or part thereof, at its discretion.

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.

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. If at any time during the currency of the contract, either party is subject to force majeure, which can be termed as civil disturbance, riots, strikes, tempest, acts of God etc. which may prevent either party to discharge his obligation, the affected party shall promptly notify the other party about the happening of such an event. Neither party shall by reason of such event be entitled to terminate the contract in respect of such performance of their obligations. The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. If the performance of any obligation under the contract is prevented or delayed by reason of the event beyond a period mutually agreed upon, if any, or seven days, whichever is more, either party may at its option terminate the contract.