Common use of Delay Caused by Force Majeure Clause in Contracts

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 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 an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Event; and (ii) Any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable pursuant to this Section 11 or Section 14, the unaffected Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 and continues to so comply, thenthen : (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement Contract during the existence of a Force Majeure Event; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement Contract shall be extended; providedextended : Provided, that: (A) no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this AgreementContract, had the Force Majeure Event not occurred; and; (B) in the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule (as defined in the Implementation Agreement) as determined in accordance with Sections 11B.1 and 11B.411B.4 of the Implementation Agreement. (b) Without prejudice to amounts payable pursuant to this Section 11 13.2, Section 7, Section 8, Section 11, Section 16 or Section 1416A of PPA, the unaffected Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 16.3 and continues to so comply, thenthen : (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement Contract during the existence of a Force Majeure Event; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement Contract shall be extended; providedextended : Provided, that: (A) no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 16.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this AgreementContract, had the Force Majeure Event not occurred; and; (B) in the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule (as defined in the Implementation Agreement) as determined in accordance with Sections 11B.1 and 11B.411B.4 of the Implementation Agreement. (b) Without prejudice to amounts payable pursuant to this Section 11 13.2, Section 7, Section 8, Section 11, Section 16 or Section 1416A of this Agreement, the unaffected Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 16.3 and continues to so comply, thenthen : (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement Contract during the existence of a Force Majeure Event; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement Contract shall be extended; providedextended : Provided, that: (A) no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 16.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this AgreementContract, had the Force Majeure Event not occurred; and; (B) in the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule (as defined in the Implementation Agreement) as determined in accordance with Sections 11B.1 and 11B.411B.4 of the Implementation Agreement. (b) Without prejudice to amounts payable pursuant to Section 13.2, Section 7, Section 8, Section 11, or this Section 11 or Section 1416, the unaffected Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event Event, complied with the obligations of Section 11.3 15.3 and continues so to so comply, then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Eventevent; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would would, nevertheless, have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the FacilityComplex, in no event shall the date by which performance obligations of the affected Party in effecting the Restoration are to be satisfied, as provided under this Agreement to meet performance deadlines be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4Period. (b) Without Other than for breaches of this Agreement by the other Party, and without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Article XI or for payment pursuant to Article IX, Section 11 or 15.5, Section 1415.6, Section 15.8, and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event Event, complied with the obligations of Section 11.3 15.3 and continues so to so comply, then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Eventevent; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would would, nevertheless, have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the Facility, in no event shall the date by which performance obligations of the affected Party in effecting the Restoration are to be satisfied, as provided under this Agreement to meet performance deadlines be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4Period. (b) Without Other than for breaches of this Agreement by the other Party, and without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Section Article 11 or for payment pursuant to Article 9, Section 1415.5, Section 15.6, and Section 15.7, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 13.3 and continues to so comply, then: comply then (ia) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a paymentpayment or provide security) under or pursuant to this Agreement during the existence of a Force Majeure Event; and , 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 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, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 13.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in . Other than for breaches of this Agreement by the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of other Party and without prejudice to the affected Party under this Agreement Party's right to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable indemnification pursuant to this Section 11 or Section 14Agreement, the unaffected other Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 15.3 hereinabove 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 an the obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Event; and event and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the FacilityComplex, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 Period. Other than for breaches of this Agreement by the other Party, and 11B.4. (b) Without without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Article XI or for payment pursuant to Article IX, Section 11 or 15.6, Section 1415.8 and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) a. So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event Event, complied with the obligations of Section 11.3 15.3 and continues so to so comply, then: (i) i. the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Eventevent; and (ii) Any . any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would would, nevertheless, have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the Facility, in no event shall the date by which performance obligations of the affected Party in effecting the Restoration are to be satisfied, as provided under this Agreement to meet performance deadlines be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4Period. (b) Without b. Other than for breaches of this Agreement by the other Party, and without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Section Article 11 or for payment pursuant to Article 9, Section 1415.5, Section 15.6, Section 15.8, and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) 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 11.3 13.3 (Duty to Mitigate) and continues to so comply, then: then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a paymentpayment or provide security) under or pursuant to this Agreement during the existence of a Force Majeure Event; and , and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 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, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in the case . Other than for breaches of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of by the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable pursuant to this Section 11 or Section 14unaffected Party, the unaffected Party shall not bear any liability for any loss or expense 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. (a) 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 11.3 13.3 and continues to so comply, then: then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a paymentpayment or provide security) under or pursuant to this Agreement during the existence of a Force Majeure Event; and , and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 13.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in . Other than for breaches of this Agreement by such unaffected Party, the case of a Party unaffected by the Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable pursuant to this Section 11 or Section 14, the unaffected Party shall not bear any liability for any 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. (a) 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 11.3 13.3 (Duty to Mitigate) and continues to so comply, then: then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a paymentpayment or provide security) under or pursuant to this Agreement during the existence of a Force Majeure Event; and , and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 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, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in the case . Other than for breaches of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of by the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable pursuant to this Section 11 or Section 14unaffected Party, the unaffected Party shall not bear any liability for any loss or expense 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. (a) 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 11.3 13.3 and continues to so comply, then: then (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a paymentpayment or provide security) under or pursuant to this Agreement during the existence of a Force Majeure Event; and , and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 13.4 to the extent that such failure or delay would nevertheless have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and . Other than for breaches of this Agreement by the other Party, the other Party (B) in that is not affected by the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (bEvent) Without prejudice to amounts payable pursuant to this Section 11 or Section 14, the unaffected Party shall not bear any liability for any 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. (a) So long as the affected Party has has, at all times since the occurrence of the Force Majeure Event Event, complied with the obligations of Section 11.3 15.3 and continues so to so comply, then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Eventevent; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would would, nevertheless, have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the FacilityComplex, in no event shall the date by which performance obligations of the affected Party in effecting the Restoration are to be satisfied, as provided under this Agreement to meet performance deadlines Agreement, be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4Period. (b) Without Other than for breaches of this Agreement by the other Party, and without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Article XI or for payment pursuant to Article IX, Section 11 or 15.5, Section 1415.6, Section 15.8, and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 16.3 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 an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Event; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 16.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) in the case of a Force Majeure Event which damages the Facility, in no event shall the obligations of the affected Party under this Agreement to meet performance deadlines be extended for a period of time in excess of the Restoration Schedule as determined in accordance with Sections 11B.1 and 11B.4. (b) Without prejudice to amounts payable pursuant to Section 13.2, Section 7, Section 8, or this Section 11 or Section 1416, the unaffected Party shall not bear any liability for any loss or expense suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 15.3 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 an obligation to make a payment) under or pursuant to this Agreement during the existence of a Force Majeure Eventevent; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the FacilityComplex, in no event shall the date by which performance obligations of the affected Party in effecting the Restoration are to be satisfied as provided under this Agreement to meet performance deadlines be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 Period. Other than for breaches of this Agreement by the other Party, and 11B.4. (b) Without without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Article XI or for payment pursuant to Article IX, Section 11 or 15.5, Section 1415.6, Section 15.8, and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.

Delay Caused by Force Majeure. (a) ‌ So long as the affected Party has at all times since the occurrence of the Force Majeure Event complied with the obligations of Section 11.3 15.3, and continues so to so comply, then: (i) the affected Party shall not be liable for any failure or delay in performing its obligations (other than an obligation to make a payment) under or pursuant to this Agreement Agreement, during the existence of a Force Majeure Eventevent; and (ii) Any any performance deadline that the affected Party is obligated to meet under this Agreement shall be extended; provided, that: (A) however, that no relief, including without limitation, the extension of performance deadlines, shall be granted to the affected Party pursuant to this Section 11.4 15.4 to the extent that such failure or delay would have nevertheless been experienced by the affected Party, as a result of a breach by the affected Party of this Agreement, had the Force Majeure Event not occurred; and (B) provided, further, that, in the case of a Force Majeure Event which damages the FacilityComplex, in no event shall the date by which performance obligations of the affected Party are to be satisfied in effecting the Restoration, as provided under this Agreement to meet performance deadlines Agreement, be extended for a period of time in excess beyond the end of the Restoration Schedule as determined in accordance with Sections 11B.1 Period. Other than for breaches of this Agreement by the other Party, and 11B.4. (b) Without without prejudice to amounts payable the affected Party’s rights to indemnification pursuant to this Article XI or for payment pursuant to Article IX, Section 11 or 15.5, Section 1415.6, Section 15.8, and Section 15.9, the unaffected other Party shall not bear any liability for any loss or expense Loss suffered by the affected Party as a result of a Force Majeure Event.