Non-Natural Force Majeure Events Clause Samples

Non-Natural Force Majeure Events. 1. Direct Non - Natural Force Majeure Events: a) Nationalization or compulsory acquisition by any Governmental Instrumentality of any material assets or rights of the Seller or the Seller's contractors; or b) the unlawful, unreasonable or discriminatory relocation of, or refusal to renew, any Consent required by the Seller or any of the Seller's contractors to perform their obligations under the Project Documents or any unlawful, unreasonable or discriminatory refusal to grant any other consent required for the development/ operation of the Project. Provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down. c) any other unlawful, unreasonable or discriminatory action on the part of a Government Instrumentality which is directed against the Project. Provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down.

Non-Natural Force Majeure Events i. Direct Non–Natural Force Majeure Events ▪ Nationalization or compulsory acquisition by any Indian Governmental Instrumentality of any material assets or rights of the TSP; or ▪ the unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consents, Clearances and Permits required by the TSP to perform their obligations under the RFP Project Documents or any unlawful, unreasonable or discriminatory refusal to grant any other Consents, Clearances and Permits required for the development/ operation of the Project, provided that a Competent Court of Law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down; or ▪ any other unlawful, unreasonable or discriminatory action on the part of an Indian Governmental Instrumentality which is directed against the Project, provided that a Competent Court of Law declares the action to be unlawful, unreasonable and discriminatory and strikes the same down.

Non-Natural Force Majeure Events. 1. Direct Non-Natural Force Majeure Events attributable to the Procurer(s) a) Nationalization or compulsory acquisition by any Indian Governmental Instrumentality (under the State Government(s) of the Procurer(s) or the Central Government of India) of any material assets or rights of the Seller; or b) the unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consents, Clearances and Permits required by the Seller to perform its obligations under the RFP Documents or any unlawful, unreasonable or discriminatory refusal to grant any Consents, Clearances and Permits required for the development/ operation of the Power Station , provided that a Competent Court of Law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down. c) any other unlawful, unreasonable or discriminatory action on the part of an Indian Government Instrumentality (under the State Government(s) of the Procurer(s) or the Central Government of India) which is directed against the supply of power by the Seller to the Procurer(s), provided that a Competent Court of Law declares the action to be unlawful, unreasonable and discriminatory and strikes the same down. 2. Direct Non-Natural Force Majeure Events not attributable to the Procurer(s) a) Nationalization or compulsory acquisition by any Indian Governmental Instrumentality (other than those under the State Government(s) of the Procurer(s)) of any material assets or rights of the Seller; or b) the unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consents, Clearances and Permits required by Seller to perform its obligations under the RFP Documents or any unlawful, unreasonable or discriminatory refusal to grant any Consents, Clearances and Permits required for the development / operation of the Power Station , provided that a Competent Court of Law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down. c) any other unlawful, unreasonable or discriminatory action on the part of an Indian Government Instrumentality (other than those under the State Government(s) of the Procurer(s) or the Central Government of India) which is directed against the supply of power by the Seller to the Procurer(s), provided that a Competent Court of Law declares the action to be unlawful, unreasonable and discriminatory and strikes the same down.

Non-Natural Force Majeure Events. Direct non-natural force majeure events not attributable to the procurer …..

Non-Natural Force Majeure Events a) Direct Non–Natural Force Majeure Events (i) Nationalization or compulsory acquisition by any Indian Governmental Instrumentality of any material assets or rights of the Affected Party; or (ii) the unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consents, Clearances and Permits required by the Affected Party to perform their obligations under the Agreement including the Standard Bidding Documents. b) Indirect Non - Natural Force Majeure Events (i) act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action; or (ii) radio active contamination or ionising radiation originating from a source in India or resulting from any other Indirect Non Natural Force Majeure Event mentioned above, excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the Site by the Affected Party or those employed or engaged by the Affected Party; or (iii) industry-wide strikes and labour disturbances, having a nationwide impact in India.

Non-Natural Force Majeure Events. (A) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action; (B) nation/state wide strike, lockout, boycotts or other industrial disputes which are not directly and solely attributable to the actions of the Affected Party, but does not include strike or labour unrest limited to the Affected Party or the SPD Related Parties; (C) [any lock down, quarantine or similar action ordered by any Government Authority, (including pursuant to the occurrence of any Force Majeure Event), but only if consequences thereof cannot be dealt with as a Change in Law under and in accordance with the provisions of Article 17 of this Agreement;]27 (D) nationalisation or any compulsory acquisition by any Government Authority in national interest or expropriation of any material assets of the Unit or rights of the SPD as a result of which the SPD or its shareholders are deprived (wholly or partly) of their rights or entitlements under this Agreement. Provided that such action does not constitute remedies or sanctions lawfully exercised by the Procurer or any other Government Authority as a result of any breach of any of the Applicable Laws or the Applicable Permits by the SPD or the SPD Related Parties; (E) action of a Government Authority having Material Adverse Effect including but not limited to a Change in Law, only if consequences thereof cannot be dealt with under and in accordance with the provisions of Article 17 of this Agreement; any unlawful or unauthorised or without jurisdiction revocation of, or delay in, or refusal, or failure to renew or grant without valid cause, any Applicable Permits of the SPD or any of the clearance, licence, authorization to be obtained by the SPD Related Parties to perform their respective obligations under this Agreement and/or the Project Agreements; provided that such delay, modification, denial, refusal or revocation did not result from the SPD‟s or any the SPD Related Parties‟ inability or failure to comply with any condition relating to grant, maintenance or renewal of such Applicable Permits or clearance, licence, authorization, as the case may be. 27 The Solar Bidding Guidelines do not provide for this category in Non-Natural Force Majeure Events. However, RUMSL, Indian Railways and the Procurer, have, in the deviation petition filed with the CERC, requested for a deviation in respect of this provision to incorpor...

Non-Natural Force Majeure Events. Direct Non-Natural Force Majeure Events attributable to the Procurer

Non-Natural Force Majeure Events i. Direct Non–Natural Force Majeure Events ▪ Nationalization or compulsory acquisition by any Indian Governmental Instrumentality of any material assets or rights of the Affected Party; or ▪ the unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consents, Clearances and Permits required by the Affected Party to perform their obligations/ roles under the RFP Project Documents or any unlawful, unreasonable or discriminatory refusal to grant any other Consents, Clearances and Permits required for the development/ operation of the Project, provided that a Competent Court of Law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down; or ▪ any other unlawful, unreasonable or discriminatory action on the part of an Indian Governmental Instrumentality which is directed against the Project, provided that a Competent Court of Law declares the action to be unlawful, unreasonable and discriminatoryand strikes the same down.

Non-Natural Force Majeure Events