Force Majeure

a) Force Majeure shall mean act of God or any event beyond the reasonable control of
the Purchaser or of the Contractor, as the case may be, and which is unavoidable
notwithstanding the reasonable care of the party affected, and shall include, without
limitation, the following events but not limited to:

i) War, hostilities (whether war be declared or not), invasion, act of foreign enemies
and civil war.

ii) Rebellion, terrorism, revolution, insurrection, military or usurped power.

iii) Nationwide strike or lockout by persons other than Contractor's personnel

employees and the subcontractor / vendor.

iv) Munitions of war, explosive materials, ionising radiation or contamination by

radio-activity, except as may be attributable to the Contractors use of such
munitions, explosives, radiation or radioactivity and

v) Natural catastrophes such as earthquake, hurricane, typhoon, or volcanic activity.

vi) Discovery of historically significant artifacts on the Site.

vii) Unavailability of the Utilities grid system (unless due to the default or
negligence of the effected party and barring late availability of the interconnection
lines).

viii) Any failure by the government instrumentality to grant any applicable permit
within a reasonable time after application therefore having been duly made.

b) Neither party shall be considered to be in default or in breach of his obligations under

the Contract to the extent that performance of such obligation is prevented by any
circumstances of Force Majeure, which arises after date of Notification of Award.
c) If either party is prevented, hindered or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify the
other in writing of the occurrence of such event and the circumstances thereof within
fourteen (14) days after the occurrence of such event.
d) The Party who has given such notice shall be excused from the performance or
punctual performance of its obligations under the Contract for so long as the relevant
event of Force Majeure continues and to the extent that such Party's performance is
prevented, hindered or delayed.
e) The contractor shall be entitled to claim for damages and additional cost/expenses due
to Force Majeure apart from the Time Extension.
f) If the performance of the Contract is substantially prevented, hindered or delayed for a
single period of more than one hundred and twenty (120) days or an aggregate
period of more than two hundred and forty (240) days on account of one or
more events of Force Majeure during the currency of the Contract, the Contract shall be
deemed to be terminated as per Cl No. ___________ (Termination Clause) and
accordingly all the consequences shall follow including reimbursement of all additional
 cost that the Contractor may have to bear due to or during the duration of the Force
Majeure delay.
g) Force Majeure shall not apply to any obligation of the Purchaser to make payments to
the Contractor herein.
h) Notwithstanding anything contained in the Contract, the Purchaser shall pay the
Contractor for any increased costs or incidentals to the execution of the Contract that are
in any way attributable to, consequent on, resulting from, or in any way connected with
any Force Majeure, provided that the Contractor shall as soon as practicable notify the
Purchaser in writing of any such increased cost.