Common use of Limitations and Exclusions Clause in Contracts

Limitations and Exclusions. (i) Notwithstanding anything to the contrary in this Clause 15, if, at any time during the Term of this Agreement, the Buyer is a Government Owned Party, then Buyer may not claim an event of Force Majeure for any action or inaction of a Governmental Authority that prevents Buyer from complying with any obligation under this Agreement unless such action or inaction applies equally to all public and private entities doing business in India and was not undertaken by the Governmental Authority to benefit Buyer. (ii) Where an act, event or circumstance that primarily affects a third party or third parties (including a Party’s construction or operating and maintenance contractors) prevents or delays a Party’s performance hereunder, such act, event or circumstance shall constitute Force Majeure hereunder as to such Party if, and only if, it is of a kind or character that, if it had happened to a Party, such act, event or circumstance would have come within the definition of Force Majeure under this Agreement. Force Majeure may be applicable for events or circumstances affecting Sellers’ Facilities or Buyer’s Facilities, or Transporter’s Facilities. (iii) Notwithstanding anything to the contrary in this Clause 15, Force Majeure shall not include: (A) any event or circumstance affecting facilities other than Sellers’ Facilities, Buyer’s Facilities, or Transporter’s Facilities; (B) the breakdown or failure of machinery operated by the Affected Party to the extent caused by (1) normal wear and tear which could have been avoided by the exercise of reasonable care and diligence,

Limitations and Exclusions. (i) Notwithstanding anything to the contrary in this Clause 1514, if, at any time during the Term of this Agreement, the Buyer is a Government Owned Party, then Buyer may not claim an event of Force Majeure for any action or inaction of a Governmental Authority that prevents Buyer from complying with any obligation under this Agreement unless such action or inaction applies equally to all public and private entities doing business in India and was not undertaken by the Governmental Authority to benefit Buyer. (ii) Where an act, event or circumstance that primarily affects a third party or third parties (including a Party’s construction or operating and maintenance contractors) prevents or delays a Party’s performance hereunder, such act, event or circumstance shall constitute Force Majeure hereunder as to such Party if, and only if, it is of a kind or character that, if it had happened to a Party, such act, event or circumstance would have come within the definition of Force Majeure under this Agreement. Force Majeure may be applicable for events or circumstances affecting Sellers’ Seller’s Facilities or Buyer’s Facilities, or Transporter’s Facilities. (iii) Notwithstanding anything to the contrary in this Clause 1514, Force Majeure shall not include: (A) any event or circumstance affecting facilities other than Sellers’ Seller’s Facilities, Buyer’s Facilities, or Transporter’s Facilities; (B) the breakdown or failure of machinery operated by the Affected Party to the extent caused by (1) normal wear and tear which could have been avoided by the exercise of reasonable care and diligence,