Monday, November 28, 2016 11:11:36 PM
Or was it changing the rules twice now between 2008-2016? Or was it they took 4 years to build the electrical line and now are getting into a conflict with Serbia who wont allow the electricity through their country to the middle east and Albania is not resolving the problem as a government should? Falak clearly wanted to sell the electricity to the Middle East.
They have or had engineering teams and plans, they have feasibility economic studies, they hired Kelag and Boga to finish up the other 10 permits required. They fulfilled their requirement. Heck Hani Salem spent $600k to update the feasibility or business plan.
Falak should be able to own these guys for breach of contract. Albania has changed the rules too much and still does not have a reliable energy grid network? Anyone of these 4 items would be grounds and allow PSPW to win! The best option is to show the conflict of environmental law passed after this concession was awarded. They have no chance as the Albanian government did not want to award a permit to construct within a national park due to a conflict of law. Thats not Falaks problem thats Albanias problem!!!!
https://www.sec.gov/Archives/edgar/data/1221554/000114420412047167/v321909_ex10-3.htm
16.2 Disputes
The parties to this Agreement have endeavoured to settle amicably any question, dispute or controversy between them relating to the existence, interpretation and performance of this Framework Agreement or in connection with this Agreement. To this end, at the initiative of either party, the other party has met promptly with the initiating party to discuss the question, dispute or controversy and if requested by the initiating party in writing has replied in writing to any written submission made by the initiating party concerning the question, dispute or controversy. If any further question, dispute or controversy or any claim relating hereto cannot be amicably settled as provided for in this article, the parties shall refer the dispute to the Competent Courts.
10
MASTER ACQUISITION AGREEMENT
Article 17
Force Majeure
17.1. The failure of a Party to fulfil any of its obligations under this Agreement has not been considered to be a breach of, or a non-fulfilment of this Agreement, if such failure has arisen from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the provisions and terms of this Agreement, and (b) has informed the other Party as soon as possible about the occurrence of such an event.
17.2. Any period, within which a Party has completed any action or task pursuant to this Agreement, was extended for a period equal to the time during which such a Party have been unable to perform such an action as a result of Force Majeure.
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