Common use of Prevention and Mitigation Clause in Contracts

Prevention and Mitigation. 13.4.1 DBT shall be entitled to the relief and protection provided under this Article 13 only if the occurrence of a Relief Event and the effects of such occurrence: (a) Are beyond the reasonable control of DBT-Related Entities; (b) Are not due to any act, omission, negligence, recklessness, willful misconduct, fault, breach of contract, or breach of the requirements of the Contact Documents, or violation of Law or a Governmental Approval of or by any of the DBT-Related Entities; and (c) Could not have been avoided by the exercise of caution, due diligence or reasonable efforts by DBT-Related Entities. 13.4.2 DBT shall take all steps reasonably necessary to mitigate the consequences of any Relief Event, including all steps that would generally be taken in accordance with Good Industry Practice. 13.4.3 Re-sequencing and Re-scheduling of Work 13.4.3.1 DBT shall not be entitled to an increase in the Contract Price, Completion Deadline adjustment or other Claim or relief for impacts that could have been avoided through re-sequencing and re-scheduling of the Work or other work- around measures; provided, however, that DBT shall not be required to implement mitigation measures where the cost thereof would exceed the Extra Work Costs if the mitigation measures were not implemented.