Article 20. Force Majeure Event and indemnity in case of force majeure
20.1. Force Majeure may include, but are not limited to, events or unusual circumstances which are listed below:
a. War, sabotage, terrorism, crime taking abuse or threat of such action;
b. Lightning, earthquakes, volcanoes, freezes, vortex, hurricanes, tornados, fires, tsunamis, floods and climate conditions or harsh environments an unusual way, chemical pollution, radioactive pollution, ionizing radiation, epidemics, natural disasters or other circumstances;
c. Arising out of laws, directives, or any new legislation affecting the production of clean water and / or chemicals entering the reserve and / or import of spare parts and equipment related to the water treatment technology of the generation PNW which has not been mutually agreed disposed towards ensuring the financial performance for the PNW as in the financial plan has been agreed
d. The occurrence of accidents and / or the equipment there for the construction and operation of Phu Ninh water plants that buy from foreign PNW carriage road construction on the scope of the project;
e. Power supply by the power company gives PNW stopped or provide no guarantee for the production haotj in any category of the project;
f. Any operational stop or failure in the delivery system and / or distribution network of the customer is not eligible to receive the volume of water supplied by the PNW;
g. Insufficient raw water, raw water inappropriate or contaminated raw water which causes not an act or omission of the authorities, leading to the PNW can not handle it dwuoc raw water to producing clean water or clean water standards to achieve maximum capacity;
h. Disruption of plant operations Phu Ninh or conveyor systems during clean water test laboratory independent of the work done at the request of the client side;
i. Any events or circumstances are essentially similar to one of the conditions stated above.
20.2 In the event of a force majeure event, neither party shall be responsible for not fulfilling service contract.
20.3 notice of Force majeure is and obligations of the parties in another application for the force majeure is:
in the event of a force majeure event as hinder or delay the implementation side his obligations under this agreement, such party shall:
a. Immediately notify the other party in writing of such event of force majeure;
b. Not comply with the right to stop this agreement to the extent greater than or in the long run than the effects of the force majeure it.
C. Take all necessary efforts to continue to perform its obligations under this agreement as soon as possible.
20.4. U The rights related to force majeure events
occur when a force majeure event, the following provisions will apply:
a. The parties will reach an agreement in order to reach consensus on how to resolve the matter in accordance with the conditions and terms specified in this contract. If within 60 days after a notice party to discuss the proposal to the other Party, but the notice was not received feedback or impossible to achieve consensus, it will apply this paragraph b ;
b. Parties adversely affected by a force majeure event may Chams terminate the contract by notice in writing to the other party. When notified of the termination of the contract takes effect, the rights and obligations of the parties shall comply with the provisions of this law and the contract.
20.5. Payment upon the occurrence of unforeseen events:
a. Natural force majeure by the agencies, organizations, indemnity insurers, paid for under the contract of insurance PNW PNW which concluded with insurance agencies.
B. Other cases (if any) under the provisions of the contract or agreement reached.
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