Common use of Effect of Force Majeure Event on the Concession Clause in Contracts

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. 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 MPRDC 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 MPRDC 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-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. 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 MPRDC to suspend the collection thereof during the subsistence of such Force Majeure Event, the Concession Period shall be extended by a period, 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 centpercent) of the Average Daily Fee, the Authority MPRDC 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-twenty five per centpercent) 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. 34.6.1 31.6.1 Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause Article 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 31.6.2 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 thereoffrom the Users of the Sports Infrastructure Project; provided that in the event of partial collection of Fee where Fee, [as mutually agreed between the daily collection is less than 90% (ninety per cent) of the Average Daily FeeParties], the Authority shall extend the Concession Period of the Sports Infrastructure Project in proportion to the [loss of Fee on a daily monthly 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. 34.6.1 1) Upon the occurrence of any Force Majeure Event prior to the Appointed Date, the period set forth in Clause 24.1.1 23.1.1) for achieving Financial Close shall be extended by a period equal in length to the duration of the Force Majeure Event. 34.6.2 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.