Exclusion from Force Majeure. Force Majeure shall expressly not include the following conditions, except to the extent they result from an event or circumstances of Force Majeure: 11.2.1 unavailability, late delivery or changes in cost of plant, machinery, equipment, materials, spare parts, or consumables for the Project; 11.2.2 a delay in the performance of any Contractor; 11.2.3 non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; and 11.2.4 non-performance caused by, or connected with, the non-performing Party's (a) negligent or intentional acts, errors or omissions, (b) failure to comply with applicable laws, or (c) breach of, or default under, this Agreement.
Appears in 4 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Exclusion from Force Majeure. Force Majeure shall expressly not include the following conditions, except to the extent they result from an event or circumstances of Force Majeure:
11.2.1 unavailability(a) Unavailability, late delivery or changes in cost of plant, machinery, equipment, materials, spare parts, or consumables for the ProjectFacility;
11.2.2 a (b) A delay in the performance of any Contractor;
11.2.3 non(c) Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; andtypically
11.2.4 non(d) Non-performance caused by, or connected with, the non-performing Party's
's (ai) negligent or intentional acts, errors or omissions, (bii) failure to comply with applicable laws, or (ciii) breach of, or default under, this AgreementREPA.
Appears in 1 contract
Sources: Power Purchase Agreement
Exclusion from Force Majeure. Force Majeure shall expressly not include the following conditions, except to the extent they result from an event or circumstances of Force Majeure:
11.2.1 unavailability, late delivery or changes in cost of plant, machinery, equipment, materials, spare parts, or consumables for the Project;
11.2.2 a delay in the performance of any Contractor;
11.2.3 non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; and
11.2.4 non-performance caused by, or connected with, the non-performing Party's
's (a) negligent or intentional acts, errors or omissions, (b) failure to comply with applicable laws, or (c) breach of, or default under, this Agreement.
Appears in 1 contract
Sources: Power Purchase Agreement