Effect of Force Majeure Event on the Concession Clause Samples
The 'Effect of Force Majeure Event on the Concession' clause defines how unforeseen events beyond the control of the parties—such as natural disasters, war, or government actions—impact the rights and obligations under a concession agreement. Typically, this clause outlines procedures for suspending performance, extending deadlines, or excusing non-performance when a force majeure event occurs, and may require prompt notification and evidence of the event. Its core function is to allocate risk and provide a fair mechanism for handling disruptions, ensuring that neither party is unfairly penalized for circumstances outside their control.
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Effect of Force Majeure Event on the Concession. 30.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 23.1.1 for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
30.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists.
Effect of Force Majeure Event on the Concession. 34.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 24.1.1 for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
34.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs: before COD and/or after the COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
Effect of Force Majeure Event on the Concession. 29.6.1 Upon occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Article 4.1 for fulfilment of the Conditions Precedent, and in Article 23.1 for achieving the Financial Close, shall be extended by a period equal in length to the duration of the Force Majeure Event.
29.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs:
(a) before Project COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) after Project COD, whereupon the Concessionaire is unable to provide the Resort and Project Infrastructure services despite making best efforts or it is directed by the Authority or any Governmental Instrumentality to suspend the aforesaid services during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period equal in length to the period during which the Concessionaire was prevented from providing the aforesaid services on account thereof; provided that in the event of reduction in Resort and Project Infrastructure services on account of partial suspension of services which cause the Gross Revenue to decline below [75% (seventy five per cent)] of the Average Daily Gross Revenue for the corresponding period over the preceding [2 (two) years], the Authority shall extend the Concession Period in proportion to the loss of such Gross Revenue due to Force Majeure. For the avoidance of doubt, loss of [25% (twenty five per cent)] in Gross Revenue for [4 (four)] days as compared to the Average Daily Gross Revenue for the corresponding period during the preceding [2 (two) years] shall entitle the Concessionaire to the extension of [1 (one)] day in the Concession Period.
Effect of Force Majeure Event on the Concession. 29.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 4.2.1 for fulfillment of all Condition Precedents set out in 4.1.2 and 4.1.3 shall be extended by a period equal in length to the duration of the Force Majeure Event.
29.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs:
(a) before COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) after COD, whereupon the Concessionaire is directed by the Authority to suspend the collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period, equal in length to the period during which the Concessionaire was prevented from collection of User Charges on account thereof.
Effect of Force Majeure Event on the Concession. 28.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 4.1 for fulfillment of Conditions Precedent and in Clause 22.1.1 for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
28.6.2 at any time after the Appointed Date, if any Force Majeure Event occurs:
(a) before COD, the Construction Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) After COD, the Concessionaire shall be entitled to receive Annuity Payments plus interest due and payable under this Agreement. Provided any payment to be made under this clause shall be subject to deduction of outstanding dues of the Authority, if any.
Effect of Force Majeure Event on the Concession. 24.3.1 Upon the occurrence of any Force Majeure Event prior to the Effective Date, the period set forth in this agreement shall be extended by a period equal in length to the duration of the Force Majeure Event.
24.3.2 At any time after the Effective Date, if any Force Majeure Event occurs:
(a) before COD, the Concession Period and the period set forth for start of Commercial Operation Date shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) after COD, whereupon the Concessionaire is unable to operate and maintain the premises despite making best efforts during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period, equal in length to the period during which the Concessionaire was prevented from collection of sub-lease rentals from sub-lessees.
Effect of Force Majeure Event on the Concession. 11.6.1 Upon the occurrence of any Force Majeure Event prior to the Compliance Date, the period set forth for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
11.6.2 At any time after the Compliance Date, if any Force Majeure Event occurs:
(a. before COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b. after COD, whereupon the Concessionaire is unable to collect Power Payments, User Fee and/or other revenue, despite making best efforts, the Concession Period shall be extended by a period, equal in length to the period during which the Concessionaire was prevented from collection of said fees on account thereof;.
Effect of Force Majeure Event on the Concession. 34.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 24.1.1 for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
34.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs:
(a) before COD, the Concession Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) after COD, whereupon the Concessionaire is unable to collect Fee despite making best efforts or it is directed by the Authority to suspend the collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period, equal in length to the period during which the Concessionaire was prevented from collection of Fee on account thereof; provided that in the event of partial collection of Fee where the daily collection is less than 90% (ninety per cent) of the Average Daily Fee, the Authority shall extend the Concession Period in proportion to the loss of Fee on a daily basis. For the avoidance of doubt, loss of 25% (twenty-five per cent) in collection of Fee as compared to the Average Daily Fee for four days shall entitle the Concessionaire to extension of one day in the Concession Period.
Effect of Force Majeure Event on the Concession. At any time after the Appointed Date, if any Force Majeure Event occurs the Concession Period shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists.
Effect of Force Majeure Event on the Concession. 27.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 4.1 for fulfillment of Conditions Precedent and in Clause 21.1.1 for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event.
27.6.2 At any time after the Appointed Date, if any Force Majeure Event occurs:
(a) before COD, the Construction Period and the dates set forth in the Project Completion Schedule shall be extended by a period equal in length to the duration for which such Force Majeure Event subsists; or
(b) after COD, whereupon the Concessionaire is unable to operate the Project Facility or any part thereof and earn revenue or collect User Fee despite making best efforts or it is directed by the Authority to suspend the collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period, as certified by its statutory auditor along with supporting documents, equal in length to the period during which the Concessionaire was prevented from collection of fee on account thereof.