Force MajeureEvent definition

Force MajeureEvent means any act or event that prevents the affected Party from performing its obligation in accordance with the Agreement, if such act or event is beyond the reasonable control of the affected Party and such Party had been unable to overcome such act or event with the exercise of due diligence (including the expenditure of reasonable sums). Subject to the foregoing conditions, "Force Majeure Event" shall include without limitation the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods, lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lighting or other causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii) acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts or rebellion. A Force Majeure Event shall not be based on the economichardship of either Party. In case of any damage because of force majeure event, the System shall be repaired / commissioned at its own cost by the Power Producer.
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Examples of Force MajeureEvent in a sentence

  • Subject to Clauses 7.2 and 7.3, anysuch delay or failure shall suspend the Agreement until the Force MajeureEvent ceasesandtheaffectedInitialServiceTerm(s)shall be extended by the length of the suspension.

  • This Agreement constitutes a valid and binding obligation of Everspring enforceable against Everspring in accordance with its terms.

  • The Municipality shall not suffer any penalty or be subject to any proceeding or action if it cannot comply with any requirement of this NYWIIERP Agreement as a result of a Force MajeureEvent provided it notifies the Department in writing within ten ( 10) days of when it obtains knowledge of any such event.

  • The impacted Party shall give notice to the other Party within five (5) days of the Force MajeureEvent , stating the period of time the occurrence is expected to continue.

  • Subject to Clauses 7.2 and 7.3, anysuch delay or failure shall suspend the Agreement until the Force MajeureEvent ceases andthe affected InitialServiceTerm(s)shall be extended by the length of the suspension.

  • During this period, the designated key personnel of the Concessioning Authority shall be associated with the operations of the Project Facilities and Services (except when the same is impossible due to a Force MajeureEvent) in order to facilitate smooth take over of the same by the Concessioning Authority on the Transfer Date.

  • The Municipality shall have the burden of proving by a preponderance of the evidence that an event qualifies as a Force MajeureEvent pursuant to this Paragraph.

  • The impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force MajeureEvent are minimized.

  • The Affected Party shall use its reasonable efforts to mitigate the effect of any Force MajeureEvent as soon as practicable.