Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure:
Force Majeure Exclusions. 11.5 Notification of Force Majeure Event ..............................................................................................................
Force Majeure Exclusions. 12.3.1 Force Majeure shall not include the following conditions, except to the extent that they are consequences of a Force Majeure Event:
Force Majeure Exclusions. Neither Party shall be entitled to the benefits of a claim of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the Party claiming excuse failed to remedy the condition and to resume the performance of its obligations with reasonable dispatch; (ii) economic hardship, to include, without limitation, MMGA’s ability to sell Gas at a higher or more advantageous price, Gas Purchaser’s ability to purchase Gas at a lower or more advantageous price, or a Government Agency disallowing, in whole or in part, the pass-through of costs resulting from this Agreement; or (iii) the loss of Gas Purchaser’s markets or Gas Purchaser’s inability to resell Gas purchased under this Agreement, except, in either case, for a reason as provided in Section 13.2. Gas Purchaser shall not be entitled to the benefit of the provisions of Force Majeure to the extent performance is adversely affected by any action taken by Gas Purchaser in its governmental capacity. The Party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges.
Force Majeure Exclusions. 11.4.1 Force Majeure shall not include (i) any event or circumstance which is within the reasonable control of the Parties and (ii) the following conditions, except to the extent that they are consequences of an event of Force Majeure: Unavailability, late delivery, or changes in cost of the plant, machinery, equipment, materials, spare parts or consumables for the Power Project; Delay in the performance of any contractor, sub-contractor or their agents; Non-performance resulting from normal wear and tear typically experienced in power generation materials and equipment; Strikes at the facilities of the Affected Party; Insufficiency of finances or funds or the agreement becoming onerous to perform; and Non-performance caused by, or connected with, the Affected Party’s: Negligent or intentional acts, errors or omissions; Failure to comply with an Indian Law; or Breach of, or default under this Agreement.