DELAYS NOT DUE TO ONE PARTY Clause Samples

DELAYS NOT DUE TO ONE PARTY. Without prejudice to Paragraph 6.3 and subject to Paragraph 6.4, where a Delay is attributable in part to the Operator's Default and in part to an Authority Cause the Parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay. The agreed proportion of any costs incurred by the Operator as a result of the Delay shall be taken into account in the Review Process. If necessary, the parties may escalate the matter in accordance with the Dispute Resolution Procedure.
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DELAYS NOT DUE TO ONE PARTY. Without prejudice to Clause 7.5 and subject to Clause 7.6, where a Delay is attributable in part to the Contractor's Default and in part to a Department Cause the parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay and Clauses 7, 8 and 9 shall apply as appropriate to such agreed apportionment of responsibility. The Parties agree that compensation payable pursuant to Clause 9.4 (Delays to Milestones Due to Department Cause) shall be recoverable subject to reductions to reflect the extent to which the Department or the Contractor respectively has contributed to the Delay. If necessary, the Parties may escalate the matter in accordance with the Dispute Resolution Procedure and if the matter cannot be resolved by agreement then either Party may refer the matter to an expert for determination.
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DELAYS NOT DUE TO ONE PARTY. Without prejudice to Clause 9.3 and subject to Clause 9.4, where a Delay is attributable in part to the Contractor's Default and in part to a Compensation Event there shall be a fair and reasonable apportionment of responsibility for the Delay.
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DELAYS NOT DUE TO ONE PARTY. Without prejudice to Clause 7.5 and subject to Clause 7.6, where a Delay is attributable in part to the Contractor's Default and in part to a Department Cause the parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay and Clauses 7, 8 and 9 shall apply as appropriate to such agreed apportionment of responsibility. The Parties agree that compensation payable pursuant to Clause 9.4 (Delays to Milestones Due to Department Cause) shall be recoverable subject to reductions to reflect the extent to which the Department or the Contractor respectively has contributed to the Delay. If necessary, the Parties may escalate the matter in accordance with the Dispute Resolution Procedure and if the matter cannot be resolved by agreement then either Party may refer the matter to an expert for determination.
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Related to DELAYS NOT DUE TO ONE PARTY

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • REAPPOINTMENT AFTER ABSENCE DUE TO CHILDCARE 16.1 Where an employee resigns from a permanent position with the employer to care for pre-school children, the employer is committed, upon application from the employee, to make every reasonable endeavour to re-employ that person where a comparable and suitable position exists within four years of the resignation, providing that the person has the necessary skills to fill the vacancy competently; then the person under these provisions shall be appointed in preference to any other applicant for the position. 16.2 Absence for childcare reasons will interrupt service but not break it. The period of absence will not count as service for the purpose of sick leave, annual leave, retiring leave or gratuities, long service leave or any other leave entitlements.

  • NO STRIKES AND LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

  • STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout.