Common use of Excuse from performance of obligations Clause in Contracts

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.

Appears in 2 contracts

Sources: Programme Agreement, Programme Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from the performance of such of its obligations to the extent it is unable to perform on account of such the Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; andsuch (c) when the Affected Party is able to resume the performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume the performance of its obligations hereunder. The other Party shall afford all reasonable assistance to the Affected Party in this regard. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from the performance of such of its obligations to the extent it is unable to perform on account of such the Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume the performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume the performance of its obligations hereunder. The other Party shall afford all reasonable assistance to the Affected Party in this regard. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 . The Parties agree that the Beneficiary Firm Service Provider shall develop alternate or standby arrangements for provision of goods and services in accordance with the Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm Service Provider from performance of its duties, obligations and responsibilities hereunder.

Appears in 2 contracts

Sources: Service Agreement, Service Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure EventEvent upon delivery of the notice of the occurrence of a Force Majeure Event in accordance with Clause 32.5.1 above; provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required necessitated by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event 3 Book value to be determined as per the written down value method of depreciation. Also, for the purpose of Clause 32.9.2, for determination of book value, no revaluation would be taken into account. and to cure remedy the same situation with due diligence; anddiligence as soon as possible, including duly prosecuting and exhausting all such remedies available to the Affected Party under the Applicable Laws; (c) when the time for performance by the Affected Party is able to resume performance of its obligations under this Agreementany obligation or compliance by the Affected Party with any time limit affected by Force Majeure Event, it and for the exercise of any right affected thereby, shall give to be extended by the other Party notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.period during which such Force Majeure Event continues;

Appears in 1 contract

Sources: Concession Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement Concession because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; Event provided that: (a) the The suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the The Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when When the Affected Party is able to resume performance of its obligations under this AgreementConcession, it shall give to the other Party written notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account d) Concessionaire shall not excuse be relieved of any obligations or payments due to ULB that arose or accrued prior to the Beneficiary Firm from performance Force Majeure Event. Also, the Concessionaire shall continue to pay the lease amount even for the period of its obligations hereundersubsistence of the FM Event, unless and otherwise such payment is either waived or deferred or otherwise by the MC with or without any conditions.

Appears in 1 contract

Sources: Concession Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; Event provided that: (a) the suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and; (c) when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party written notice to that effect and shall promptly resume performance of its obligations hereunder; and d) the affected party will be given sufficient time to resume, reconstruct the damaged facility and upon such resumption of duties shall be the payments for Annual Development Premium shall resume. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.

Appears in 1 contract

Sources: Development and Management Agreement

Excuse from performance of obligations. 14.8.1 If the An Affected Party who is rendered wholly or partially unable to perform its obligations under this Agreement because of a Force Majeure Event, it shall be excused from performance of such of its obligations as are directly and materially adversely affected by the event of Force Majeure, provided however that: a. an obligation to the extent it is unable to perform make any payment or meet any financial obligation shall not be excused on account of such an event of Force Majeure, and b. the maximum period for which relief can be claimed by an Affected Party in respect of an event of Force Majeure Event; provided that:shall not exceed one hundred and twenty (120) days, beyond which the parties shall be free to mutually decide the future course of action and (a) c. the suspension of performance of its obligations by the Affected Party shall be of no greater scope and of no longer duration than is reasonably required necessitated by the event of Force Majeure Event;Majeure, and (b) d. the Affected Party shall continue to make all reasonable efforts to mitigate or limit the damage to the other Party arising out of or as a result of the existence or occurrence of such event of Force Majeure Event and to cure the same with due diligence; and (c) e. when the Affected Party is able to resume performance of its obligations under this Agreement, it shall give to the other Party written notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account shall not excuse the Beneficiary Firm from performance of its obligations hereunder.

Appears in 1 contract

Sources: Operations & Maintenance Agreement

Excuse from performance of obligations. 14.8.1 If the Affected Party is rendered wholly or partially unable to perform its obligations under this Agreement Concession because of a Force Majeure Event, it shall be excused from performance of such of its obligations to the extent it is unable to perform on account of such Force Majeure Event; Event provided that: (a) the The suspension of performance shall be of no greater scope and of no longer duration than is reasonably required by the Force Majeure Event; (b) the The Affected Party shall make all reasonable efforts to mitigate or limit damage to the other Party arising out of or as a result of the existence or occurrence of such Force Majeure Event and to cure the same with due diligence; and (c) when When the Affected Party is able to resume performance of its obligations under this AgreementConcession, it shall give to the other Party written notice to that effect and shall promptly resume performance of its obligations hereunder. 14.8.2 The Parties agree that the Beneficiary Firm shall develop alternate or standby arrangements for provision of goods and services in accordance with Good Industry Practice and failure on this account d) Concessionaire shall not excuse be relieved of any obligations or payments due to MC that arose or accrued prior to the Beneficiary Firm from performance Force Majeure Event. Also, the Concessionaire shall continue to pay the lease amount even for the period of its obligations hereundersubsistence of the FM Event, unless and otherwise such payment is either waived or deferred or otherwise by the MC with or without any conditions.

Appears in 1 contract

Sources: Concession Agreement