entitled to raise the issue
of force majeure and change in law as a substantive issue, the force
majeure claim and the change ... order, force majeure and change in law cannot be gone
into. It is further argued, in the alternative, that in any case, force
majeure either
APIIC was informed that a ‘political force majeure event’
within the meaning of the Development Agreement had taken place. On 19
December 2011, the High ... Material Adverse Effect on the Project and/ or (iii) Occurrence
of Force Majeure Events, and (b) required to pay any interest
or make any payment
events. It
provides for events which constitute force majeure:
“ARTICLE 8
FORCE MAJEURE
8.1 Force Majeure Events
(a) Neither Party shall be responsible or liable ... occurrence of Force Majeure events under
this Agreement) or failure to meet milestone dates
due to any event or circumstance (a “Force Majeure
Event”) beyond
injuncted?
59. The contract has a Force Majeure clause which reads as under:
"15. FORCE MAJEURE
15.1 Notification
If either Party is prevented, hindered ... under this Agreement.
15.4 Force Majeure
(a) For the purpose of this Agreement, Force
Majeure means the occurrences of any event or
circumstances or combination
party on receipt of Force
Majeure notice disputes the degree to which the Force
Majeure event has affected the construction or the
operation ... Party in receipt of Force Majeure Notice
disputes the degree to which the Force Majeure
Event has affected the construction at operation for
the project
inclusive and therefore they are not the only ones and the Force
Majeure Event under clause 8.3 covers the situation where the
delay or failure ... Force Majeure events under this Agreement) or failure to
meet milestone dates due to any event or circumstance (a "Force
Majeure Event") beyond
plant for 402 days was due to the Force Majeure (FM) events &
Taxus is not liable to pay Liquidated Damages (LD) for the said ... days cannot in any
manner be construed as a Force Majeure event.
l) The State Commission has failed to appreciate that a
number of other
circumstances beyond its control as it was impacted by Force
Majeure Events. Shapoorji sought extension of time to fulfil
the conditions subsequent vide letters dated ... subsequent to the PPA, is a Change in Law
and/or Force Majeure Event which has increased the price of
imported coal and has impacted
event of Force Majeure (a
"Force majeure").
16.1.2 In this Agreement, "Force Majeure"
means any event or circumstance or a
combination ... even during the period of force majeure. As such,
this obligation was not suspended by the force majeure event.
It was pointed out that MIAL
anyway increasing the
liabilities of NVVN;
"Force majeure" of "Force majeure Event"
shall have the meaning ascribed thereto in Article ... Force majeure identified under NVVN
Discom PSA, thereby affecting delivery of power from
SPD to Discom.
11.4 Force majeure Exclusions
11.4.1 Force majeure shall
