schematise/ICAT-version1 huggingface dataset:
12.3 Force Majeure �Force Majeure� means any event or circumstance or combination of events and circumstances including those stated below that wholly or partly prevents or unavoidably delays an Affected Party in the performance of its obligations under this Agreement, but only if and to the extent that such events or circumstances are not within the reasonable control, directly or indirectly, of the Affected Party and could not have been avoided if the Affected Party had taken reasonable care or complied with Prudent Utility Practices:  i. Natural Force Majeure Events:  act of God, including, but not limited to lightning, drought, fire and explosion (to the extent originating from a source external to the Site), earthquake, volcanic eruption, landslide, food, cyclone, typhoon, tornado, or exceptionally adverse weather conditions which are in excess of the statistical measures for the last hundred (100) years, ii. Non-Natural Force Majeure Events:  Direct Non-Natural Force Majeure Events Nationalization or compulsory acquisition by any Indian Government Instrumentality or any material assets or rights of the Seller or the Seller�s contractors; or The unlawful, unreasonable or discriminatory revocation of, or refusal to renew, any Consent required by the Seller or any of the Seller�s contractors to perform their obligations under the Project Documents or any unlawful, unreasonable or discriminatory refusal to grant any other consent required for the development/ operation of the Project, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down; or Any other unlawful, unreasonable or discriminatory action on the part of an Indian Government Instrumentality which is directed against the Project, provided that an appropriate court of law declares the revocation or refusal to be unlawful, unreasonable and discriminatory and strikes the same down.  Indirect Non � Natural Force Majeure Events Any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, terrorist or military action; or Radio active contamination or ionising radiation originating from a source in India or resulting from another Indirect Non Natural Force Majeure Event excluding circumstances where the source or cause of contamination or radiation is brought or has been brought into or near the site by the affected party or those employed or engaged by the affected party; or Industry wide strikes and labor disturbances having a nationwide impact in India.
"8.3 Force Majeure Events":       (a)    Neither Party shall be responsible or liable for or deemed in breach  hereof because of any delay or failure in the performance of its obligations hereunder (except for obligations to pay money due prior to occurrence of Force Majeure events under this Agreement) or failure to meet milestone dates due to any event or circumstance (a "Force Majeure Event") beyond the reasonable control of the Party affected by such delay or failure, including the occurrence of any of the following:  (i) Acts of God;  (ii) Typhoons, floods, lightning, cyclone, hurricane, drought, famine, epidemic, plague or other natural calamities;  (iii) Strikes, work stoppages, work slowdowns or other labour dispute which affects a Party's ability to perform under this Agreement;  (iv) Acts of war (whether declared or undeclared), invasion or civil unrest;  (v) Any requirement, action or omission to act pursuant to any judgment or order of any court or judicial authority in India (provided such requirement, action or omission to act is not due to the breach by the SPD or CESCOM of any Law or any of their respective obligations under this Agreement);  (vi) Inability despite complying with all legal requirements to obtain, renew or maintain required licenses or Legal Approvals; (emphasis supplied)  (vii) Fire, Earthquakes, explosions, accidents, landslides;  (viii) Expropriation and/or compulsory acquisition of the Project in whole or in part;  (ix) Chemical or radioactive contamination or ionizing radiation; or  (x) Damage to or breakdown of transmission facilities of either Party;
"8.b    Force Majeure:       "        That, however, if the handing over of possession of the plot is delayed for reasons of "Force Majeure" or circumstances beyond the control of the Developers or because of any notice or order of the Government, including slow down strike, civil commotion or by reason of war, enemy or terrorist action or an act of God, delay in the grant of completion certificate by the Government and/or any other public or competent authority, the Developers shall be entitled to a reasonable extension of time in the agreed date for delivery of possession of the plot."
4.3 PROCESS TO BE CONFIDENTIAL Judgment of Appeal Nos. 292 & 323 of 2018 Information relating to the examination, evaluation and comparison of bids and recommendations shall be treated confidential and shall not be disclosed to entities or any other person.
"Licensee shall keep secret and confidential and use its best endeavours to prevent disclosure of the Know-How and to limit access thereto such of its employees or such others (including permitted sub-licensees under Clause 13) as reasonably require the same for the purpose for which the Know-How is stated in Clause 3 to be supplied and without prejudice to the extent of the foregoing obligation shall in particular take all measures by contract and otherwise which a prudent, determined and reasonable owner of the rights in the Know-How acting in his own interests and desiring to protect such rights, would take to ensure that the Know-How is not disclosed by those to whom disclosure is made in accordance with the provisions of this clause."
28. Confidentiality -28.1 Information relating to the evaluation of Bids and recommendation of Contract award, shall not be disclosed to Bidders or any other persons not officially concerned with such process until information on Contract award is communicated to all Bidders in accordance with ITB 42.
14.1 Arbitration Procedure - Any dispute controversy, claims or disagreement of any kind whatsoever between or among the Parties in connection with or arising out of this Agreement or the breach, termination or invalidity or the execution or interpretation hereof ('Dispute') shall be referred to and finally resolved by arbitration. The arbitration proceedings shall be governed by the Rules of Arbitration and Conciliation of the International Chamber of Commerce by a panel of three arbitrators to be designated as per the said Rules. The parties commit to honour the arbitration award as soon as issued. This Agreement and the�rights and obligations of the Parties shall remain in full force and effect pending the award in such arbitration proceeding, which award, if appropriate, shall determine whether and when any termination shall become effective.
"26.3 A request for interim relief made by a party to a judicial authority prior to the constitution of the Tribunal, or in exceptional circumstances thereafter, is not incompatible with these Rules.? [Rule 30.3 of SIAC Rules, 2016 is similarly worded to Rule 26.3 quoted above.]
They relied on Clause 44 of the agreement which reads as under : "All or any disputes arising out of, or touching upon, or in relations to the terms of this agreement, including the interpretation and validity of the terms thereof, and the respective rights and obligations of the parties shall be settled amicably by mutual discussion, failing which, the same shall be settled through arbitration."
The Tender Paper ELCORE contains the subclause 1.2 .54 which provides under subclause (k) the �Venue for Arbitration shall be the place from which the Letter of Acceptance of Tender is issued or such other place as the purchaser at his discretion may determine.�
Under clause 18 of the agreement, the parties have agreed to have the jurisdiction of the Courts of the State of Delhi as Court of jurisdiction. The said clause reads thus: "18. Governing Law: This agreement shall be governed by and construed in accordance with the laws of Republic of India and the parties hereto unconditionally submit to the exclusive jurisdiction of the Courts of the state of Delhi."
"ARTICLE 10 -�Disputes and Arbitration 10.1 The parties shall amicably settle any disagreement or dispute which may arise between them. In any case that the dispute cannot be settled amicably, then it shall be submitted to the International Chamber of Commerce in Geneva (Switzerland).
"3.0 - ASSIGNMENT AND SUBCONTRACTING:
3.1 - Assignment:
The Contractor shall not, except with the previous consent in writing of the Company, transfer or assign their obligations or interests in the Contract or any part thereof in any manner whatsoever."
3.2 - Conditions for Subcontracting:
Concerning the works and facilities covered by the Contract having to be executed and commissioned on turnkey basis by the Contractor, the following conditions shall apply as regards subcontracting of any portion of the work entrusted to the Contractor.
(i) In case of plant, equipment and allied requirement to be procured, installed and commissioned on the platform structure for the purpose of receiving, processing, pumping, compressing, etc., and also any other facilities to be provided thereon, the Contractor shall, subject to the limitations imposed on him with regard to the makes/manufacturer of certain plant and equipment specifically stipulated to be procured against this Contract, be free to sublet the work to the manufacturers/authorized agents of the respective plant and equipment for procurement of the necessary supplies. In respect of those stipulated items referred to above, the Contractor shall not arrange alternative makes other than those agreed already for procurement without the prior written consent of the Company."
.Clauses I (i) and (j) of the lease deed dated 18.10.2000 deals with the obligation of the parties on the expiration on determination of the lease which reads as under:-

�(i)The Lessee shall at the expiration or sooner determination of the said term yield up and deliver peaceful and vacant possession of the demised premises and in the event of any installation, erection, alteration or http://www.judis.nic.in  C.S.No.628 of 2018 and Tr.C.S.No.560 of 2019 substitution having been made thereon or underneath the surface restore the same to their original state and conditions in which the same has been demised. All buildings, structures, installations, fittings, fixtures and reaction of whatsoever kind and nature whether in, upon or underneath the demised premises shall during the said term and at the expiry thereof entirely belong to and revert to the Lessee who shall be entitled to take away the same provided that the demised premises are restored in their original state and condition. The Lessor will not have any right title or interest thereon nor shall they be entitled to appropriate or retain the same or any part thereon.
(j)The Lessee has paid to Lessor Rs.1,08,000/-
(Rupees One Lakh and Eight Thousand Only) sum equivalent to 12 months rent by DD No.826885 dated 22.09.2000 drawn on State Bank of India, Thousand Lights Branch, as an advance which will be returned to the Lessee on the determination of the lease. The Lessor acknowledge the receipt of the said amount.

PROVIDED         ALWAYS   AND   IT   IS   AGREED        AND DECLARED that at the expiration of the said term of 20 (twenty) years this lease will be renewed for a further period of 20 years on mutually agreed terms from the expiration of the said term hereby granted unless the Lessee shall prior to the expiration of the last mentioned term give to the Lessor one calender month a previous notice in writing of their intention not to take any renewed lease.�

20.Clause III (b) of the Lease deed dated 18.10.2000 gives preemptive right of purchase to the Lessee. The said clause reads of below:-

�b) The Lessee shall by three months previous notice in writing to the Lessor have the first option to purchase from the Lessor free from encumbrances the reversionary right title estate and interest of the Lessor in the demised premises and upon marketable title being made and deducted thereto at the rate prevailing per square feet of the actual area of the demised premises.�
The relevant clauses of the lease deed are as follows:  -2. The tenancy will commence by the 16th of December 1981 and after the expiry of first four years the rent would be revised to Rs.3.70 paise per sq ft, per month and would be revised by 10% on the first of the expiry of every four years. In case permanent electricity connection is not provided by 16/12/1981 then the rent will be charged from the date the permanent connection is given. 3. The tenants shall be entitled to make alterations in the tenanted premises in accordance with the plan to be approved by the Municipal and/or other authorities but shall restore the same in the same conditions if the tenants vacate the premises on their own. In case of any illegal construction or alterations violating the laws of DDA or municipal corporation, the penalty, if any, levied would be paid by the Tenants.? 4. The tenants shall be entitled to use the said tenanted premises for commercial purposes and/or for the purpose of running their offices and/or carrying on business therein. 5. The Tenants, if they of their own decided to vacate the premises, will be entitled to remove all fixtures, fittings or additional equipment brought in by them by way of air-conditioning or for any other purposes in the tenanted premises. The Landlords will not in any manner claim any ownership for retaining all those fixtures and fittings and additional materials brought in by the Tenants in the tenanted premises and will not in any manner cause any difficulty in their removal by the Tenants. 6. (iii) The Tenants will have the right to use the whole or any part of the tenanted premises during the tenancy for companies, firms, trusts, associates of the Tenants. However, the responsibility of paying the rent will be of the Tenants under this Dead. 7. The Landlords do hereby covenant with the Tenants in the manner followings: (a) the tenants paying the rent and other charges and outgoings hereby reserved on the days and in the manner hereinbefore mentioned and observing and performing all covenants and conditions herein contained and on their part to be observed and performed shall peacefully and quietly held, occupy and enjoy the tenanted premises and the said fittings and fixtures free from all disturbances by the Landlords or any person or persons rightfully claiming from, under on in trust for the Landlords. (b) To bear and pay the Municipal rates and taxes, house-taxes any imposition by DDA or other authority or authorities in respect of the tenanted premises during the said term of tenancy.?
"6. The Second party shall have the right to assign and/or sublease the property. However, the lease will be terminated at the end of ten years subject to clause 4, under which the lease can be extended on mutually agreed terms. However, the Second Party shall have the right to terminate the lease at any time by giving 3 months notice in writing."
"Renewal. In case the "Second Party" desires to extend the terms of the "Agreement" beyond a total period of nine (9) years, it shall be on the mutually acceptable terms and conditions to be renegotiated afresh. In the event the "Second Party" and the "First Party" are unable to arrive, conclude and execute a fresh "Agreement", in writing, on mutually acceptable terms prior to the expiry of the (9) year period, the "Second Party" shall discontinue the use and occupation of the said Building and the "First Party" shall be entitled to enter upon the same without any objection on the part of the "Second Party".
Clause 4 on ownership, which reads as under:  "The Equipment shall at all times remain the sole and exclusive property of the Lessor and the Lessee shall have no right, title or interest therein except as Lessee. The agreement further states that during the currency of the lease, the lessee shall insure the subject of lease and protect it from any risk. Clause 10 of the agreement states that without the prior written consent of the lessor, the lessee shall not make any alterations, additions or improvements to the equipment and all additions, replacements, attachments and improvements of whatever kind or nature made to the equipment shall be deemed to be parts of the property of the lessor and shall be subject to all the terms and conditions of the agreement. Clause 13 speaks about the surrender of the lease equipment upon the expiration of earlier termination of the lease agreement. It also gives the option for renewal on year to year basis on mutually agreed terms and conditions. Clause 15 deals with payment by lessor and Clause 20 is to the effect of the expiration of the lease, which stipulates that on expiration of the lease term, if the lessee fails to deliver the equipment to the lessor in accordance with any direction given by the Lessor, the lessee shall be deemed to be the monthly tenant of the equipment and upon the same terms expressed in the agreement and the tenancy should be terminated by the lessor immediately upon default committed by the lessee by serving seven (7) days notice. Clause 19 speaks about the default clause and the termination by default under Clause 24. Clause 33 speaks about the Assignment rights stating that no title or right in the property shall be passed to the lessee except the lease rights expressly granted to the lessee. It also stipulates that plates or other marking shall be fixed indicating that the lessor is the owner thereof and that the lessee would not remove the same. Upon termination of the lease period, the lessee shall immediately return the said property to Lessor in as good condition and received less normal wear, tear and depreciation. Clause 34 speaks about the Modification to rental payments during lease tenor. One of the Clauses under this head reads as follows: ....................."Without prejudice to the above, it is hereby agreed that at the option of the LESSOR the Lease Agreement will be reviewed if there is any material changes in the provisions of the Income Tax Act regarding leasing transaction. This review will also include, apart from changes in the rentals, cancelling of the Lease Agreement and replacing it with Hire Purchase transaction on mutually agreed terms. It is further agreed that if the LESSOR is refused allowances or their claims are disallowed by the Income Tax Authorities on account of the failure on the part of the LESSEE to furnish any particulars/declaration required for this purpose, the LESSEE shall reimburse the LESSOR tax, interest, penalty or any outgo accruing or arising to the LESSOR on this account."
"6.2.2.2 Renewal of Existing Leases a) The port should first verify if the land is required for its own use. If it is so required, the Port shall take possession of the land on expiry of the lease. b) If the land is not required by the port for its own use, the port should then check whether land use is consistent with the Land Use Plan. If it is so, and if renewal is provided for in the existing lease agreement, it can be renewed for a total period not exceeding thirty years including the original lease period. The lease rent/upfront premium should not be less than prevailing SoR or on market value, whichever is higher. No compensation will be payable by the port in the event of refusal to renew the lease. c) If the option for renewal is not provided for in the existing lease agreement, the port at its discretion, may decide to grant a fresh lease in favour of the existing lessee at the terms to be approved by the Board, without public auction/ tender. The lease rent/upfront premium should not be lower than the SoR duly updated or the market value as the case may be. d) Extension/renewal of any lease for the original lessee beyond 30 years would be made only after the recommendation of the Port Trust Board, recording clearly the reasons thereof, and the approval of the Empowered Committee. Such cases will be finalized by the Ministry of Shipping. e) After the expiry/termination/determination of lease and despite receiving the notice thereof, or forfeiture of lease on account of change of user, assignment etc., if the lessee continues to occupy it unauthorisedly, the lessee shall be liable to pay compensation for wrongful use and occupation at three (3) times the lease rent in accordance with the prevailing SoR till vacant possession is obtained. f) For existing leases, at the time of expiry/termination/determination of lease the provisions related to removal of structures will be applicable. If no such provisions exist, the lessee shall remove all structures at his own cost within three(3)months of expiry/termination/determination failing which these will vest with the port free from all encumbrances. If the port so decides for reasons to be recorded, it may also take over the structures on terms mutually agreed with the lease holder."
"(h) The Lessee shall at the expiration or sooner determination of the said term yield up and deliver peaceful and vacant possession of the demised premises. All buildings, structures, installations, fittings, fixtures, and erections of whatsoever kind, and nature whether in, upon or underneath the demised premises shall during the said term and at the expiry thereof entirely belong to and revert to the Lessee who shall be entitled to take away the same. The Lessor will not have any right, title or interest therein nor shall they be entitled to appropriate or retain the same or any part thereof.  PROVIDED ALWAYS AND IT IS AGREED AND DECLARED that at the expiration of the said term of twenty years this lease will be automatically and without any further act of any of the parties hereto be renewed for a further term of twenty years from the expiration of the said term hereby granted unless the Lessee shall prior to the expiration of the first mentioned term give to the Lessor one calender month's previous notice in writing of their intention not to take any renewed lease. The renewed lease will be under and subject to the same covenants and conditions and agreements as are herein contained including the present covenant for renewal.
"11. Governing Law and Jurisdiction - 5 -  i. This MOU shall be construed and enforced in accordance with the laws of India. ii. In the event of any dispute or difference arising at any time between the parties hereto as to the construction, meaning or effect of this Agreement or thing contained herein or the rights, duties, liabilities and obligations of the parties hereto in relation to this Agreement, the same shall be referred to a single arbitrator, in case the parties can agree upon one (1) within a period of thirty days upon being called by a party to do so and failing such agreement to three (3) arbitrators one (1) each to be appointed by GREENMOBIL and RECC and the third to be appointed by the two arbitrators so appointed. The award passed by such arbitrator(s) shall be final and binding on both the parties.
Termination of service: (a) Except as otherwise specified in the appointment orders, the services of an employee of the Authority may be terminated without any notice or pay in lieu of notice: (i) During the period of probation and without assigning any reasons thereof, (ii) For misconduct, (;,ii) On the completion of specific period of appointment, (iv) In the case of employees engaged on contract for a specific period, on the expiration of such period in accord- ance with the terms of appointment. (b) Where the termination is made due to reduc- tion of establishment or in circumstances other than those mentioned at (a) above, one month's notice or pay in lieu thereof will be given to all categories of employees.  (c) Where a regular/temporary employee wishes to resign from his post under the Authority he shall given three/one month's notice in writing or pay in lieu thereof to the Authority provided that in special cases, the General Manager may relax, at his discretion, the condition regard- ing the period of notice of resignation or pay in lieu thereof.