Delay Events Clause Samples
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Delay Events. 40.1 If, at any time, Project Co becomes aware that the Works will not be (or are unlikely to be) completed by the Completion Date, Project Co shall forthwith give notice to the Trust’s Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment:
40.1.1 if the Trust’s Representative is satisfied, or it is determined in accordance with Schedule 26 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 40.2 (Mitigation) the Trust’s Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall fix a new Completion Date which shall replace the existing Completion Date; but
40.1.2 to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment.
40.2 If Project Co is (or claims to be) affected by a Delay Event:
40.2.1 it shall (and shall procure that the Project Co Parties shall) take and continue to take all reasonable steps to eliminate or mitigate the consequences of such an event upon the performance of its obligations under this Agreement and, where relevant, resume performance of its obligations affected by the Delay Event as soon as practicable; and
40.2.2 it shall neither be relieved from liability under this Agreement nor entitled to any extension of time for the purpose of Clause 40.1.1 (Delay Event) to the extent that it is delayed or impeded due to its failure (if any) to comply with its obligations under Clause 40.2.1.
40.3 For the purposes of this Agreement, Delay Events means any of the following to the extent in each case that it has a material and adverse effect on Project Co’s ability to complete the Facilities by the Completion Date:
40.3.1 a Trust Works Variation initiated by a Trust Works Variation Enquiry in accordance with paragraph 2 of Part 1 of Schedule 22 (Variation Procedure) in relation to which Project Co has issued a response pursuant to paragraph 3.2(b) of Part 1 of Schedule 22 (Variation Procedure) specifying and providing evidence that implementation of the Trust Works Variation would prevent the Actual Completion Date from occurring by the Completion Date, if this has been agreed between the parties or determined to be the case in accordance with Schedule 26 (Dispute Resolution Procedure);
40.3.2 ...
Delay Events. The Scheduled Commencement Date may be delayed from time to time due to any or all of the following events (collectively, “Delay Events”) :
6.1.1. Change Orders requested or approved by Tenant;
Delay Events. (a) If the Concessionaire is affected by a Delay Event, it shall give notice within 30 days following the date on which it first became aware (or should have been aware, using all reasonable due diligence) of such Delay Event to the Department (provided, that in the case of the same Delay Event being a continuing cause of delay, only one notice shall be necessary), which notice shall include (i) a statement of which Delay Event the claim is based upon, (ii) details of the circumstances from which the delay arises, and (iii) an estimate of the delay in the performance of obligations under this Agreement attributable to such Delay Event and information in support thereof, if known at that time. The Department shall, after receipt of the said notice, be entitled by notice to require the Concessionaire to provide such further supporting particulars as the Department may reasonably consider necessary. If for any reason the Concessionaire fails to deliver such notice of a Delay Event within such 30 day period, the Concessionaire shall 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.
(b) The Concessionaire shall notify the Department within 15 days following the date on which it first became aware (or should have been aware, using all reasonable due diligence) that such a Delay Event has ceased.
(c) Subject to the Concessionaire giving the notice required in Section 13.01(a)(i), a Delay Event pursuant to this subsection (b) shall excuse the Concessionaire from whatever performance is prevented by the Delay Event referred to in such notice for such appropriate number of days as the Department and the Concessionaire jointly determine, each acting reasonably. During the Work Period, extensions for Delay Events affecting the Work shall be based on TIA and the then current Baseline Schedule, taking into account impacts of the Delay Events on critical path items. If the Department and the Concessionaire cannot agree upon the period of extension, then either Party shall be entitled to refer the matter to the dispute resolution procedure in Section 17.06. This Section 13.01(c)(iii) shall not excuse the Concessionaire from the performance and observance under this Agreement of all obligations and covenants not affected by the Delay Event. Notwithstanding the occurrence of a Delay Event, the Concessionaire shall continue its performance and observance under this Agreeme...
Delay Events. The Target Completion Date may be extended and the Programme amended by any delays to the Works which are caused by: the Company’s failure to perform its obligations under this Connection Agreement or any other delay, impediment or prevention of whatever nature caused by the Company or for which it is responsible which will impact on the Works, provided, however, that the ability to extend the Target Completion Date in these circumstances shall in no way prejudice Gas Networks Ireland’s right to exercise its right to terminate this Connection Agreement for material breach in accordance with Clause 15.1 or 15.3; changes or variations to the design specification of the Works required by the Company and agreed by Gas Networks Ireland; omissions or errors in information or design specifications (including any aspect or element of the Works) which Gas Networks Ireland become aware of after the Agreement Date; compliance with any Legal Requirements; accidental loss or damage to any completed part of the Works caused by third parties; the encountering of physical conditions, geotechnical conditions, archaeological finds or artificial obstructions on or in the vicinity of the Project Site or Pipeline Route; any event or circumstances of Force Majeure; the discovery of Toxic and Dangerous Waste at the Project Site; any labour dispute or work stoppage or slow down involving the Company, the Company’s contractors, subcontractors or the unions of the workers of the Company or of the Company’s contractors or subcontractors; delay in the delivering of, or market constraints in the availability of, equipment and materials required for the Works; failure or delay in issuing of Relevant Approvals or any Relevant Approval ceasing to be in force, or any condition on such a Relevant Approval preventing Gas Networks Ireland from performing its obligations; the exercising by Gas Networks Ireland of its right to suspend performance of the Works pursuant to Clause 10.6.1; or delay by the Company in achieving any of the Conditions Precedent and Gas Networks Ireland has elected not to terminate this Connection Agreement in accordance with Clause 3.5.
Delay Events. If, at any time, Project Co becomes aware that there will be (or is likely to be) a delay in completion of the Works [relating to one or more Phases], Project Co shall forthwith give notice to the Authority's Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment if the Authority's Representative is satisfied, or it is determined in accordance with Schedule 20 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 30.2 (Delay Events), the Authority's Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall revise the Completion Date [relevant Phase Completion Date(s)] accordingly but to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment.
Delay Events. 18.1 If the Operational Date will or is likely to be prevented from occurring by the Planned Operational Date by one of the following events (each such event being a “Delay Event”), namely:-
18.1.1 Force Majeure or any Relief Event;
18.1. 1A opening up of part of the Works pursuant to Clause 15.3 where such part of the Works is not subsequently found to be defective;
18.1.2 the instigation and implementation of any Trust Change or a Deemed Change or a Necessary Works Change pursuant to the Change Procedure;
18.1.3 any material breach of its obligations under this Agreement, by the Trust or a Trust Party, or any other act or omission of the Trust or a Trust Party which prevents the Operator from carrying out its obligations pursuant to this Agreement (but only to the extent that such breach has not been caused or contributed to by the Operator or any Operator Party);
18.1.4 any strike by employees of the Trust or a Trust Party which prevents the Operator from carrying out its obligations pursuant to this Agreement (but only to the extent that such breach has not been caused or contributed to by the Operator or any Operator Party);
18.1.5 an industrial dispute affecting industry in Scotland as a whole or an industrial dispute affecting the whole or a significant part of a particular industry or an industrial dispute affecting the preparation, manufacture or transportation of any goods or materials required for the Works or labour required for the Works (but only to the extent that such industrial dispute has not been caused or contributed to by the Operator or any Operator Party);
18.1.6 the discovery or presence of (a) human remains on consecrated land,
Delay Events. For all purposes of this Development Agreement, where the Developer’s performance of its obligations hereunder is hindered or affected by events constituting Delay Events, whether such Delay Event is continuous or intermittent, the Developer shall not be considered in breach of or in default of its obligations under this Development Agreement to the extent of any delay or interruption resulting from such Delay Event. The Developer shall promptly give notice to the City describing with reasonable particularity (to the extent known) the facts and circumstances constituting a Delay Event (a) within a reasonable time (but not more than 30 Days unless the City’s rights are not prejudiced by such delinquent notice) after the date that the Developer first becomes aware, of or should have become aware, using all reasonable diligence, that an event has occurred and that it is or will become a Delay Event or (b) promptly after the City’s demand for performance (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”).
Delay Events. If Parking Company is affected by a Delay Event, it shall give notice as soon as practicable but in no event later than Five (5) Business Days following the date on which it first became aware of such Delay Event and the resulting delay to Metro (provided that in the case of such Delay Event being a continuing cause of delay, only one notice shall be necessary), which notice shall include (i) a statement of which Delay Event the claim is based upon, (ii) details of the circumstances from which the delay arises and
Delay Events. 72 Section 13.01 Delay Event Notice and Determination..............................................72 Section 13.02 Delays Affecting Performance of the Design-Build Work ................73 Section 13.03 Delay Events Affecting Performance of the O&M Work ..................73 ARTICLE 14 COMPENSATION EVENTS; DEPARTMENT CHANGES; AND DEVIATIONS ........................................................................................................74
Delay Events. A Delay Event is an event such as Force Majeure and other limited events beyond the Concessionaire’s reasonable control that cause a delay to the Concessionaire in performing its obligations. In the event that the Concessionaire is affected by a Delay Event and provides written notice to the University, the Concessionaire will receive an extension of time to perform the obligations for which it was delayed. While a Delay Event is occurring, the Utility Fee shall be reduced by an amount equal to the Utility Fee multiplied by the percentage of the Utility System that is inoperable as a result of the Delay Event, as determined by the University in its reasonable discretion, provided that such Delay Event shall be deemed a Compensation Event. If a Delay Event exceeds 120 continuous Days (or 120 non-continuous Days during a 360-Day period) and it results in a Material Adverse Effect, then the Concessionaire shall have the right to extend the Term for a period of time sufficient to compensate the Concessionaire and to restore it to the same economic position as it would have been in had such Delay Event not occurred, provided that the Term shall not be extended to the extent it would subject either Party to a leasehold tax or conveyance fee.