BHARAT PETROLEUM CORPORATION LIMITED PRESS TENDER

CRFQ No. 1000182234ANNEXURE VITERMS & CONDITIONS OF AGREEMENT(ii)The Successful tenderer shall, throughout the period duringwhich it is prevented from performing, or delayed in theperformance of, its obligations under this Agreement, uponrequest, give or procure access to examine the scene of theForce Majeure including such information, facilities and sites asthe other Party may reasonably request in connection with suchevent. Access to any facilities or sites shall be at the risk andcost of the Party requesting such information and access.(C) Mitigation Responsibility:(i)(ii)(iii)The Successful tenderer shall use all reasonable endeavours,acting as a Reasonable and Prudent Person, to circumvent orovercome any event or circumstance of Force Majeure asexpeditiously as possible, and relief under this Clause shallcease to be available to the Successful tenderer claiming ForceMajeure if it fails to use such reasonable endeavours during orfollowing any such event of Force Majeure.The Successful tenderer shall have the burden of proving thatthe circumstances constitute valid grounds of Force Majeureunder this Clause and that it has exercised reasonable diligenceefforts to remedy the cause of any alleged Force Majeure.The Successful tenderer shall notify BPCL when the ForceMajeure has terminated or abated to an extent which permitsresumption of performance to occur and shall resumeperformance as expeditiously as possible after such terminationor abatement.(D) Consequences of Force Majeure. Provided that the Successfultenderer has complied and continues to comply with the obligations ofthis Clause and subject to the further provisions:(i)(ii)(iii)the obligations of the Parties under this Agreement to the extentperformance thereof is prevented or impeded by the event ofForce Majeure shall be suspended and the Parties shall not beliable for the non-performance thereof for the duration of theperiod of Force Majeure; andthe time period(s) for the performance of the obligations of theParties under this Agreement to the extent performance thereofis prevented or impeded by the event of Force Majeure shall beextended for the duration of the relevant period of Force Majeureexcept as provided herein.In the event of any shortfall in the delivery of the SC Valvesdue to occurrence of a force majeure event for a continuousPage 11 of 19