Duty to Minimise Delay Sample Clauses

POPULAR SAMPLE Copied 2 times
Duty to Minimise Delay. Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of the Contract as a result of Force Majeure. A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.
View SourceView Similar (35)
Duty to Minimise Delay. 7.6.4.1 Each Party shall at all times use all reasonable endeavors to minimise any delay in the performance of the Agreement as a result of Force Majeure. 7.6.4.2 A Party affected by the Force Majeure event shall give notice to the other Party when it ceases to be affected by the Force Majeure.
View Source
Duty to Minimise Delay. Z13.4.1 Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of the Contract as a result of Force Majeure. Z13.4.2 A Party shall give notice to the other Party when it ceases to be affected by the Force Majeure. Z13.4.3 The Contractor shall not be liable for failure or delay in the performance of its obligations to the extent the performance is hindered by an event of force majeure Z 13.5 Days to be allowed by Contractor for Force Majeure event or circumstance Z13.5.1 Only in the event that performance is delayed for more than 60 consecutive days or a cumulative period of 90 days over a contract period then the Contractor shall be entitled to submit a compensation event in accordance with the provisions of the contract. Z13.6 Termination resulting from Force Majeure event or circumstance 6.1 If performance is delayed by more than 180 days , unless the parties agree otherwise, either party shall be entitled to terminate the contract and the termination shall be treated as (R20) by either party and the amounts due shall be calculated in accordance with Core Clause 91 Z14.1 Z14.2 Failure by the Contractor to achieve a key date and or conditions as set out in 11.2(9) will result in delay damages of 0.07% per day of the price of the relevant part as per the ▇▇▇▇ of quantities being imposed on the Contractor. The Project Manager will in it is sole discretion elect whether to claim delay damages or whether to claim under 25.3. of the contract. The Contractor will be refunded with the paid Delay Damages for Key Dates if subsequent Key Dates related to the next relevant part is achieved. Annexure A: One-in-ten-year-return weather data obtained from SA Weather Bureau for [weather station] Refer Part 3 Annexure D Annexure B: Insurance provided by the Employer For the purpose of works contracts, insurance provided by Eskom (the Employer) has been arranged on the basis of “project” or “contract” value, where the value is the total of the Prices at Completion of the whole of the works including VAT. A “project” is a collection of contracts or work packages to be undertaken as part of a single identified capital expansion or refurbishment of a particular asset or facility.
View Source

Related to Duty to Minimise Delay

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees, subcontractors, or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either (i) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result; or (ii) if a delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING WILL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE WITH RESPECT TO ANY DELAY except if such delay is caused by the fraud, bad faith, or active interference of the Department. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, and a rebuttable presumption of prejudice will exist based on Contractor’s untimely notice. The Contractor shall not assert any claim for damages related to such delay. The Contractor will not be entitled to an increase in the Term Contract price or payment of any kind from the Department for direct, indirect, consequential, impact, or other costs, expenses, or damages, including costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this subsection, the Department may unilaterally (and with no recourse on the part of the Contractor) identify and use an alternate source to complete any work under the Term Contract as the Department deems necessary, in its sole discretion. After the causes have ceased to exist, the Contractor shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the Department or State, in which case the Department may (i) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to the Department with respect to Products subjected to allocation; or (ii) terminate the Term Contract in whole or in part.

  • Waiver or Delay No failure to exercise or delay by a party in exercising any right, power, or remedy under this License Agreement operates as a waiver of such right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that or any other right, power, or remedy. A waiver is not valid or binding on the party granting the waiver unless made in writing.

  • 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.

  • No Duty to Mitigate Executive will not be required to mitigate the amount of any payment contemplated by this Agreement, nor will any earnings that Executive may receive from any other source reduce any such payment.