Delay Event Notice and Determination Clause Samples
The Delay Event Notice and Determination clause establishes the process by which a party must notify the other party of any event that may cause a delay in performance under the contract. Typically, this clause requires prompt written notice detailing the nature and expected duration of the delay, and may outline the steps for assessing whether the delay is excusable or how it will impact project timelines. Its core function is to ensure transparency and timely communication about potential disruptions, allowing both parties to manage expectations and mitigate the impact of delays.
Delay Event Notice and Determination.
(a) If the Developer is affected by a Delay Event, it will give written notice to the Department within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event, (provided, that in the case of the same Delay Event being a continuing cause of delay, only one notice will be necessary) (a “Delay Event Notice”). Such Delay Event Notice will include (i) a detailed description of the Delay Event, (ii) details of the circumstances from which the Delay Event arises and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such Delay Event and information in support thereof, if known at that time. In the event (ii) and (iii) above are not known at the time of the Delay Event Notice, such notice will be resubmitted within 21 Days of the original Delay Event Notice to include such information. The Developer will also provide such further information relating to the Delay Event as the Department may reasonably require. The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.
(b) Written Claim and Department Response.
(i) Within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that a Delay Event has ceased, the Developer will submit a claim in writing to the Department requesting the relief, if any, the Developer seeks as a result of the Delay Event. The written claim must state the date on which the Delay Event ceased. After submitting its written claim, the Developer will provide any additional information relating to the Delay Event that the Department may reasonably require.
(ii) If the written claim seeks monetary relief (because the Delay Event is also a Compensation Event), the written claim will be treated as a Compensation Event Notice and the parties will proceed under Section 14.01(a)(iii).
(iii) If the written claim seeks only non-monetary relief then, within 45 Days of receiving the Developer’s written claim, the Department will issue a written response granting or denying, in full or in part, the Developer’s claim. If the Department fails to respond within the 45-Day period, the claim will be deemed denied. Thereafter, if there is a dispute relating to the Department’s response, or failure to respond, eithe...
Delay Event Notice and Determination.
(a) If the Developer is affected by a Delay Event, it will give written notice to the Department within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event, (provided, that in the case of the same Delay Event being a continuing cause of delay, only one notice will be necessary) (a “Delay Event Notice”). Such Delay Event Notice will include (i) a detailed description of the Delay Event, (ii) details of the circumstances from which the Delay Event arises and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such Delay Event and information in support thereof, if known at that time. In the event (ii) and (iii) above are not known at the time of the Delay Event Notice, such notice will be resubmitted within 21 Days of the original Delay Event Notice to include such information. The Developer will also provide such further information relating to the Delay Event as the Department may reasonably require. The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.
Delay Event Notice and Determination. (a) If the DB Contractor is affected by a Delay Event, it will give written notice to the Concessionaire within 23 Days following the date on which the DB Contractor first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event (provided, that in the case of the same Delay Event being a continuing cause of delay, only one notice will be necessary) (a “▇▇ ▇▇▇▇▇ Event Notice”). Such ▇▇ ▇▇▇▇▇ Event Notice will include, in such form and substance as is required to satisfy the Concessionaire’s obligations under the CA: (i) a detailed description of the Delay Event,
Delay Event Notice and Determination