1.2.2.1 Relief from breach of contract -

The occurrence of a Force Majeure event affecting the Private Partner's ability to fulfil its contractual obligations will generally allow it relief from its obligations under the PPP Contract so that it is not in breach of contract, but the Contracting Authority should ensure that relief is given only to the extent that the Private Partner's inability to perform its obligations is directly caused by the Force Majeure event. See Section 1.4, Sample Drafting 1, Clauses (3) and (5) and Section 1.5, Sample Drafting 1A, Clause (1).

It is also typically accepted that the Private Partner is excused from further performance of its affected obligations under the PPP Contract while the Force Majeure Event is continuing. See Section 1.4, Sample Drafting 1, Clauses (3) and (5) and Section 1.5, Sample Drafting 1A, Clause (1).