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. 16
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. 5.0
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. 5.
FORCE MAJEURE. इस करार की अवधि के दौरान होनेवाली अप्रत्याशित घटना जो लाइसेंस के परिचालन को बाधित कर सकती है, उदाहरण के लिए यूद्ध, इनसरेक्शन, सरकार द्वारा लागू प्रतिबंध, लेजिस्लेचर के अधिनियम, या अन्य प्राधिकार, विस्फोट, दुरघटना, हडताल, रयट, लाकाउट, जनविरोध कार्य, ईश्वर का कार्य, सेबोटेज आदि के कारण ,लाइसेंसदार इसके शुरुआद से एक सप्ताह के अंदर उसी को रेलवे को न्यायपूर्व सबूत के साथ सूचित करेंगे। ऐसे मामले में, अगर दोनों पार्टी द्वारा आपस में स्वीकृत है , तो इस करार की अवधि को, इस लाइसेंस परिचालित न होने की अवधि के लिए, विस्तार किया जा सकता है। 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. 20.12
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. 20.12
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. 17.
FORCE MAJEURE. 19.11.1 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. 19.11.2 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 as is reasonably practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 19.11.3 If either Party is unable to perform its obligation under this contract due to the occurrence of an event beyond its control (such as acts of God, war like situations, Riots, Bandhs, Government actions, Earthquakes, Cyclones, Typhoons, and other natural calamities etc.) that the party will not be deemed to have defaulted under this Contract. Each party would use all reasonable efforts to enable performance under this Contract to continue. 19.12
FORCE MAJEURE. Successful Bidder shall not be liable for forfeiture of its performance security, liquidated damages or termination for default, if and to the extent that its delay in performance or other failure to perform its obligations under the contract/ order subsequent to this RfP is the result of an event of Force Majeure. If a Force Majeure situation arises, successful bidder shall promptly notify CGTMSE in writing of such conditions and the cause thereof within twenty calendar days. Unless otherwise directed by CGTMSE in writing, successful bidder shall continue to perform its obligations as per the order placed subsequent to this RfP as far as it is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. In such a case, the time for performance shall be extended by a period(s) not less than the duration of such delay. If the duration of delay continues beyond a period of three months, CGTMSE and the successful bidder shall hold consultations with each other in an endeavour to find a solution to the problem. In the event of the Force Majeure conditions continuing for a period of more than three months the parties shall discuss and arrive at a mutually acceptable arrangement. 3.21
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. 3.17
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. 8.33.