Common use of Delay Event Notice and Determination Clause in Contracts

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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer fails to deliver a Delay Event Notice within such 21-Day period, the Developer will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement.

Delay Event Notice and Determination. ‌ (a) 12.5.1.1 If the Developer Contractor is affected by a CA Delay Event, it will give written notice to the Department Concessionaire within 21 Days twenty (20) days following the date on which the Developer Contractor first became aware (or should have become aware, aware using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event, Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the‌ the delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time. In the event (ii) Subject to Sections 12.14 and (iii) above are not known at the time of the 12.15, Concessionaire shall submit a “Delay Event Notice, such notice will be resubmitted within 21 Days ” under Section 13.01 of the original Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to include such informationthe CA Delay Event claimed by Contractor. The Developer Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. The Developer Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impactsimpacts in accordance with the Comprehensive Agreement. (b) Written Claim 12.5.1.2 Subject to Sections 12.14 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 relief12.15, 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer Contractor fails to deliver a CA Delay Event Notice within such 21-Day twenty (20)-day period, the Developer Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty (20) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Delay Event Notice and Determination. ‌ (a) 12.5.1.1 If the Developer Contractor is affected by a CA Delay Event, it will give written notice to the Department Concessionaire within 21 Days fifteen (15) days following the date on which the Developer Contractor first became aware (or should have become aware, aware using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event, Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the‌ the delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time. In Based on 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 CA Delay Event Notice provided by Contractor to include such informationConcessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. The Developer Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. The Developer Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impactsimpacts in accordance with the Comprehensive Agreement. (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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. 12.5.1.2 If for any reason the Developer Contractor fails to deliver a CA Delay Event Notice within such 21-Day fifteen (15) day period, the Developer Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within fifteen (15) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Delay Event Notice and Determination. ‌ (a) If the Developer Concessionaire is affected by a Delay Event, it will give written notice to the Department within 21 30 Days following the date on which the Developer Concessionaire 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 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 Concessionaire will also provide such further information relating to the Delay Event as the Department may reasonably require. The Developer Concessionaire 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer Concessionaire fails to deliver a Delay Event Notice within such 2130-Day period, the Developer Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement. (c) Upon the occurrence of a Delay Event, the Concessionaire will promptly undertake efforts to mitigate the effects of such Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. The Concessionaire will promptly deliver to the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the Delay Event. The Concessionaire will notify the Department within 15 Days following the date on which it first became aware (or should have become aware, using all reasonable due diligence) that such a Delay Event has ceased. (d) Notwithstanding the occurrence of a Delay Event, the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the Delay Event. Without limiting the foregoing, the occurrence of a Delay Event will not excuse the Concessionaire from timely payment of monetary obligations pursuant to this Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the Delay Event. (e) Subject to the Concessionaire giving the notice required in Section 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Delay Event Notice and Determination. ‌ (a) If the Developer Contractor is affected by a CA Delay Event, it will give written notice to the Department Concessionaire within 21 Days fifteen (15) days following the date on which the Developer Contractor first became aware (or should have become aware, aware using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event, Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the‌ the delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time. In Based on 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 CA Delay Event Notice provided by Contractor to include such informationConcessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. The Developer Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. The Developer Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts. (b) Written Claim and Department Response.‌ (i) Within 21 Days following impacts in accordance with 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay EventComprehensive Agreement. If for any reason the Developer Contractor fails to deliver a CA Delay Event Notice within such 21-Day fifteen (15) day period, the Developer Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within fifteen (15) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or any Project from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. Subject to Contractor’s giving the notice required in Section 1 2.5.1.1 and to the provisions of Section 12.5.2, but solely to the extent performance by Concessionaire is excused by the Department under the Comprehensive Agreement, a CA Delay Event will result in an extension of the ▇▇▇▇ Ex Guaranteed Final Completion Date, and the ▇▇▇▇ Ex Guaranteed Service Commencement Date and the TTMS Work Schedule shall be adjusted accordingly. All changes to the ▇▇▇▇ Ex Guaranteed Final Completion Date or the ▇▇▇▇ Ex Guaranteed Service Commencement Date and conforming changes to the TTMS Work Schedule shall be reflected in a Scope Change Order entered into pursuant to Section 12.1.

Delay Event Notice and Determination. ‌ (a) If the Developer is affected by a Delay EventEvent (other than a Department-Caused Delay), it will give written notice to the Department within 21 seven 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 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 30 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 If the Developer is affected by a Department-Caused Delay, it will give written notice to the Department Response.‌ (i) Within 21 within three 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 Department-Caused Delay, (provided, that in the case of the same Department-Caused Delay Event has ceasedbeing a continuing cause of delay, only one notice will be necessary) (a “Department-Caused Delay Notice”). Such Department-Caused Delay Notice will include (i) a detailed description of the Department-Caused Delay, (ii) details of the circumstances from which the Department-Caused Delay arises and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such Department-Caused Delay and information in support thereof, if known at that time. 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 also provide any additional such further information relating to the Department-Caused Delay Event that as the Department may reasonably require. (ii) If . The Developer will bear the written claim seeks monetary relief (because burden of proving the occurrence of a Department-Caused 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)resulting impacts. (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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer fails to deliver a Delay Event Notice within such 21-Day period, the Developer will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement.

Delay Event Notice and Determination. ‌ (a) If the Developer Contractor is affected by a CA Delay Event, it will give written notice to the Department Concessionaire within 21 Days fifteen (15) days following the date on which the Developer Contractor first became aware (or should have become aware, aware using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event, Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the‌ the delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time. In Based on 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 CA Delay Event Notice provided by Contractor to include such informationConcessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. The Developer Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. The Developer Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts. (b) Written Claim and Department Response.‌ (i) Within 21 Days following impacts in accordance with 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay EventComprehensive Agreement. If for any reason the Developer Contractor fails to deliver a CA Delay Event Notice within such 21-Day fifteen (15) day period, the Developer Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within fifteen (15) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or any Project Agreement.from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. Subject to Contractor’s giving the notice required in Section

Delay Event Notice and Determination. ‌ (a) If the Developer Concessionaire is affected by a Delay Event, it will give written notice to the Department within 21 30 Days following the date on which the Developer Concessionaire 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 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 Concessionaire will also provide such further information relating to the Delay Event as the 115 DMEAST #27287336 v26 Department may reasonably require. The Developer Concessionaire 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer Concessionaire fails to deliver a Delay Event Notice within such 2130-Day period, the Developer Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement. (c) Upon the occurrence of a Delay Event, the Concessionaire will promptly undertake efforts to mitigate the effects of such Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. The Concessionaire will promptly deliver to the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the Delay Event. The Concessionaire will notify the Department within 30 Days following the date on which it first became aware (or should have become aware, using all reasonable due diligence) that such a Delay Event has ceased. (d) Notwithstanding the occurrence of a Delay Event, the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the Delay Event. Without limiting the foregoing, the occurrence of a Delay Event will not excuse the Concessionaire from timely payment of monetary obligations pursuant to this Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the Delay Event. (e) Subject to the Concessionaire giving the notice required in Section 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Delay Event Notice and Determination. ‌ (a) If the Developer Concessionaire is affected by a Delay Event, it will give written notice to the Department within 21 30 Days following the date on which the Developer Concessionaire 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 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 Concessionaire will also provide such further information relating to the Delay Event as the Department may reasonably require. The Developer Concessionaire 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer Concessionaire fails to deliver a Delay Event Notice within such 2130-Day period, the Developer Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement. (c) Upon the occurrence of a Delay Event, the Concessionaire will promptly undertake efforts to mitigate the effects of such Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. The Concessionaire will promptly deliver to the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the Delay Event. The Concessionaire will notify the Department within 30 Days following the date on which it first became aware (or should have become aware, using all reasonable due diligence) that such a Delay Event has ceased. (d) Notwithstanding the occurrence of a Delay Event, the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the Delay Event. Without limiting the foregoing, the occurrence of a Delay Event will not excuse the Concessionaire from timely payment of monetary obligations pursuant to this Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the Delay Event. (e) Subject to the Concessionaire giving the notice required in Section 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Delay Event Notice and Determination. ‌ (a) If the Developer Concessionaire is affected by a Delay Event, it will give written notice to the Department within 21 30 Days following the date on which the Developer Concessionaire 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 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 Concessionaire will also provide such further information relating to the Delay Event as the EXECUTION VERSION – DECEMBER 5, 2011 Department may reasonably require. The Developer Concessionaire 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, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason the Developer Concessionaire fails to deliver a Delay Event Notice within such 2130-Day period, the Developer Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such Delay Event pursuant to this Agreement or any Project Agreement. (c) Upon the occurrence of a Delay Event, the Concessionaire will promptly undertake efforts to mitigate the effects of such Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. The Concessionaire will promptly deliver to the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the Delay Event. The Concessionaire will notify the Department within 15 Days following the date on which it first became aware (or should have become aware, using all reasonable due diligence) that such a Delay Event has ceased. (d) Notwithstanding the occurrence of a Delay Event, the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the Delay Event. Without limiting the foregoing, the occurrence of a Delay Event will not excuse the Concessionaire from timely payment of monetary obligations pursuant to this Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the Delay Event. (e) Subject to the Concessionaire giving the notice required in Section 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.