In some cases, your project development may have been delayed for reasons beyond your reasonable control. This is called force majeure. If you do not expect to be able reach commercial operation within the required time frame due to delays beyond your control, you may request to extend your required commercial operation date by up to two years.
Force majeure is defined in the FIT contract as any act, event, cause or condition that prevents a party from performing its obligations under the agreement and that is beyond the affected party's reasonable control.
The FIT contract provides clear guidelines and limitations for what can and cannot be considered to be force majeure. For example, it does not apply when the delay has been caused by a lack of funds or other financial causes. However, any delays or disruptions in the construction of transmission or distribution system assets are considered a force majeure.
Examples of force majeure are:
To qualify for a force majeure contract extension, you must be able to demonstrate that you used commercially reasonable efforts to remedy the force majeure.
Please refer to Article 10 of the FIT contract for more details.