BANGLADESH POWER DEVELOPMENT BOARD TENDER ... - BPDB

the delayed services or such other rate as may be specified in the Contract.10. FORCE MAJEURE10.1 If performance of any obligation under the Contract (other than the obligation ofthe Procuring entity to make payment) is prevented, restricted or delayed by anyforce majeure event. The party whose performance is affected shall be executedfrom and shall not be liable for failure in performance to the extent of thatprevention, restriction or delay and the time for performance shall be extendedaccordingly.10.2 Force majeure shall be defined as any circumstances beyond the reasonablecontrol of the parties including but not limited to :Acts of god, earthquake, tempest, unusual adverse climatic conditions,Labor conflicts / industrials dispute,Fires and explosions,Action or failure to act of public services or government authorities,Acts of war, sabotage, embargoes,Insurrection, riots, breach of peace,Transportation interruptions or delays beyond LTSA provider's responsibility,General shortage of materials10.3 In case one party considers that an event shall be considered as force majeurecase and he shall inform the other party within a period of ten (10) working dayscounted from the date he was informed of the event.In case of force majeure case, the guaranteed delivery time shall be extended bythe delay time due to force majeure (including time to restart the work).10.4 Any reasonable additional costs due to a force majeure case incurred by the LTSAprovider to continue to perform his obligations under the Contract so far asreasonably practicable shall be certified and added to Contract value.10.5 If performance is delayed for more than 4 (four) months by any case referred toin the above sub-clause and the parties have not agreed upon a revised basis forcontinuing the work at the end of the delay, then either party may after thatperiod and while the cause of the non-performance still exists terminate thecontract by not less than 30 days notice in writing to the other party, in whichevent the provisions of the Termination Clause below shall apply.10.6 Payment on termination of force majeure:If the Contract is terminated under sub-clause 10.5 here above, the LTSAprovider shall be entitled to receive:10.6.1 The outstanding balance of the value of the services which havebeen delivered or performed.10.6.2 The costs incurred by the LTSA provider up to the date of notice oftermination in performing services which are not then in adeliverable state.Termination of the Contract in whole or in part however occasioned shall notaffect or prejudice the provisions of the clause, the Ownership and ConfidentialityGhorasal 200 MW to 300 MW Gas Turbine Peaking Power Plant Project (Vol-2 of 3)218