(1)  In this PPP Contract, a "Force Majeure Event" means any event or circumstance or combination of events or circumstances:

(a)  beyond the reasonable control of the Party affected by such event, circumstance or combination of events or circumstances (the "Affected Party");

(b)  which was not foreseeable or, if foreseeable, could not have been prevented or avoided or overcome by the Affected Party having taken all reasonable precautions and due care;

(c)  which directly causes the Affected Party to be unable to comply with all or a material part of its obligations under this PPP Contract; and

(d)  which is not the direct result of a breach by the Affected Party of its obligations under this PPP Contract or, in respect of the Private Partner, under any other Project Agreement. [obligations should include compliance with Applicable Law]

(2)  Force Majeure Events include but are not limited to the following circumstances, provided that they meet the criteria set forth in Clause (1) above:

(a)  plague, epidemic and natural disaster, such as but not limited to, storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tsunami, flood, lightning, and drought;

(b) fire, explosion, or nuclear, biological or chemical contamination (other than caused by the negligence of the Private Partner, its contractors, or any subcontractor, supplier or vendor);

(c)  war (whether declared or not), armed conflict (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, act of terrorism, sabotage or piracy[, in each case occurring outside the Country];

(d)  civil war, riot rebellion and revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience[, in each case occurring outside the Country];

(e)  radioactive contamination or ionising radiation[, occurring outside the Country]; or

(f)  general labor disturbance such as boycotts, strikes and lock-out, go-slow, occupation of factories and premises, excluding similar events which are unique to the PPP Project and specific to the Private Partner or to its sub-contractors[, and occurring outside the Country].