ABSTRACT

This chapter shows, on a clause by clause basis, the necessary items, the wording and the inter-relationships between the various elements of any typical Nuclear Power Plant (NPP) agreement. Properly worded clauses such as this should make the distinction between Force Majeure and any event or circumstance outside the control of the Parties. force majeure means anything outside the control of the contractor and is not limited to only acts of God. Indeed, the concept has had less than distinct borders over the years and some cases have suggested that the events which constitute force majeure should be set out in the clause itself and that phrases such as “usual force majeure clauses apply” are unenforceable as not being specific enough. The Plant Contract constitutes the entire agreement between the Parties in relation to its subject matter and supersedes all prior agreements and understandings whether oral or written with respect to such subject matter.