epidemic/pandemic as a
force majeure condition. Therefore, the COVID-19 pandemic does not
qualify as a force majeure event for seeking waiver from payment ... omission is due to a force majeure condition
34. However, in my view, the force majeure clause cannot inure to the
sole benefit
decides to take umbrage under Force Majeure. It is not a
question of when Force Majeure unfurled. As Force Majeure ... about
economic hardship being an exclusion to Force Majeure. A careful
perusal of the entire Force Majeure clause, namely Clause 13 of PPA
makes
Amongst various clauses of the agreement, Clause
8.1 is the force majeure clause under which it was agreed that if the petitioner
was unable ... Committee cannot be forced to act in
accordance with the force majeure clause by issuing a writ of mandamus in
absence of it recording such
deciding anything on the import and effect of the force
majeure clause (No. 29) contained in the lease deed. It is
contended that therefore when ... effect of
the force majeure clause (clause no. 29) contained in the
11
lease deed”. Therefore, applicability of the force majeure
principle contained in clause
directions:
(a) COVID-19 pandemic is a force majeure;
(b) since there is no force majeure clause in the
agreements, Section ... India Iron and Steel
Company (supra) even though there is no force majeure
clause in the agreement for providing proportionate
reduction of maximum demand charges
China or any other country will be
covered in the Force Majeure Clause (FMC) and therefore it should be
considered as a case of natural ... ground
of Force Majeure taken in March, 2020 would have to be
adjudged. The grounds taken to invoke the Force Majeure
clause are that
Lease Deed
provided for Force Majeure, which reads as under:-
"14. Force Majeure
That any act of God viz: flood, fire, earthquake, tempest ... invocation of Clause 14.
26. In the present case, though the respondent has sought to invoke
Clause 14 of Force Majeure
China or any other country will be
covered in the Force Majeure Clause (FMC) and therefore it should be
considered as a case of natural ... ground
of Force Majeure taken in March, 2020 would have to be
adjudged. The grounds taken to invoke the Force Majeure
clause are that
Force Majeure event, under this Contract to
the extent that such performance IS impeded by an event of Force
Majeure prevailing continuously for more than ... interpreted the force majeure clause as found in Clause 12.4 of the PPA
therein and noted that the event claimed as force majeure therein
account of Petitioner's invocation of the
provision for force majeure (Clause 18 of the License Agreement).
Petitioner claims the period of lockdown imposed ... Force Majeure
The Bidder shall not be responsible for failure or delay in performing their
obligations under presents due to force majeure, which shall include
