Procedure for Relief Clause Samples

Procedure for Relief. Subject to Section 12.3.4 (Late Provision of Notice or Information), any claim made by Developer pursuant to Section 12.3.1 must: 12.3.2.1 be submitted to the Authority as soon as practicable, and in any event within twenty (20) Business Days of Developer first becoming aware that the relevant Relief Event would have the effect that is the subject of Developer’s claim; 12.3.2.2 within ten (10) Business Days of receipt by the Authority of the notice referred to in Section 12.3.2.1, give full details of the relevant Relief Event (as available to it having made due enquiry), the extension of time and/or relief claimed, including: (a) a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 0.3.2 of the General Conditions) demonstrating that the relevant Relief Event will result in an identifiable and measurable disruption to the Work, which will impact a Critical Path activity (i.e. would consume all available float and would extend the time required to achieve commencement of the Construction Work, or Substantial Completion, Final Acceptance or D&C Work Completion, as applicable); (b) evidence reasonably satisfactory to the Authority that no other concurrent unrelated delay to a Critical Path activity that is Developer’s responsibility has occurred that has contributed to the delay for which relief is being sought; and (c) evidence reasonably satisfactory to the Authority that such event could not reasonably be avoided by Developer without material cost or delay, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work. 12.3.2.3 demonstrate to the reasonable satisfaction of the Authority that: (a) Developer and its Key Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; (b) the Relief Event was the direct cause of or is reasonably likely to be the direct cause of: (i) any failure to commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline) further delay in the achievement of Construction Commencement; (ii) a delay in achieving D&C Work Completion by the Original D&C Work Completion Deadline or (following the Original D&C Work Completion Deadline) further delay in the achievement of D&C Work Completion; and/or (iii) Developer failing to comply with its obligations under this Agreement; (c) ...
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Procedure for Relief. Subject to Section 12.3(d) (Late Provision of Notice or Information), any request for relief made by the Development Entity pursuant to Section 12.3(a) must: (i) be submitted to the Department as soon as practicable, and in any event within twenty
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Procedure for Relief the Construction Commencement Deadline; and/or
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Procedure for Relief then Developer shall not be entitled to any extension of time or relief from termination with respect to the period between the date on which the relevant information is required to have been provided pursuant to the terms hereof and the date on which the relevant information is provided.
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Procedure for Relief. Subject to Clause 17.8 (Late Provision of Information), to obtain relief and/or claim compensation under this Clause 17 the Contractor must: 17.6.1 as soon as practicable, and in any event within 20 Business Days after it becomes aware that the Works Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement or the Contractor to incur costs and/or lose revenue, give to the Authority a notice of its claim for an extension of time to the Target Service Availability Date and/or the Target External Works Availability Date and/or Target Grass Pitch Availability Date and/or following the Target Service Availability Date, the Deadline Date, payment of compensation and/or relief from its obligations under this Agreement; 17.6.2 within 15 Business Days of receipt by the Authority of the notice referred to in Clause 17.6.1, give full details of the Works Compensation Event and the extension of time and any Estimated Change in Project Costs and/or loss of revenue claimed (including evidence, on an open book basis, of the calculation of any Estimated Change in Project Costs); and 17.6.3 demonstrate to the reasonable satisfaction of the Authority that: (a) the Works Compensation Event was the direct cause of the Estimated Change in Project Costs and/or loss of revenue and/or any delay in the achievement of Service Availability by the relevant Target Service Availability Date and/or External Works Availability by the relevant Target External Works Availability Date and/or Grass Pitch Availability by the relevant Target Grass Pitch Availability Date and/or breach of the Contractor’s obligations under this Agreement, or, following the Target Service Availability Date, delay in achieving Service Availability before the Deadline Date and/or, following a Target External Works Availability Date, delay in achieving External Works Availability before the relevant External Works Step-In Date and/or, following a Target Grass Pitch Availability Date, delay in achieving Grass Pitch Availability before the relevant Grass Pitch Step-In Date, and there were no simultaneous occurrences of delay caused by other events which have been included in the calculation of the Estimated Change in Project Costs and the delay in achievement of Service Availability by the relevant Target Service Availability Date and/or External Works Availability by the relevant Target External Works Availability Date and/or Grass Pitch Availability by the relevant Targ...
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Procedure for Relief. To claim compensation and/or relief under ▇▇▇▇▇▇ 23.3 the Contractor must: 23.4.1 as soon as practicable, and in any event within 20 Business Days after it becomes aware that the Services Compensation Event has caused or is likely to cause the Contractor to breach an obligation under this Agreement and/or the Contractor to incur the Relief Amount, give to the Authority a notice of its claim for relief and/or payment of compensation; 23.4.2 within 10 Business Days of receipt by the Authority of the notice referred to in Clause 23.4.1 (or such other period as the Authority may agree in writing (acting reasonably), having regard to the nature of the Services Compensation Event), give full details of the Services Compensation Event and any Estimated Change in Project Costs claimed (including evidence, on an open book basis, of the calculation of the Relief Amount and of any Estimated Change in Project Costs); and 23.4.3 demonstrate to the reasonable satisfaction of the Authority that: 23.4.3.1 the Services Compensation Event was the direct cause of the Estimated Change in Project Costs and/or breach of an obligation; and 23.4.3.2 the Estimated Change in Project Costs claimed could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.
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Procedure for Relief. Subject to clause 15.8 below, to obtain relief or claim compensation under clause 15.5 the Contractor must:- 15.6.1 as soon as practicable, and in any event within twenty (20) Working Days after it becomes aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement and/or the Contractor to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time to the Start on Site Date and/or Target Practical Completion Date and/or Target Service Availability Date or (following the Target Service Availability Date) the Longstop Date payment of any Estimated Change in Project Costs and/or relief from its obligations under this Agreement; 15.6.2 within ten (10) Working Days of receipt by the Authority of the notice referred to in clause 15.6.1, give full details (as far as it is reasonably able and to the extent then known) of the Compensation Event and the extension of time and/or any Estimated Change in Project Costs claimed (including evidence, on an open book basis, of the calculation of any Estimated Change in Project Costs); and 15.6.3 demonstrate to the reasonable satisfaction of the Authority that:- (a) the Compensation Event was the direct cause of:- (i) the Estimated Change in Project Costs, and/or loss of revenue; and/or (ii) any delay in the commencement of the Works on or before the Start on Site Date; and/or (iii) any delay in achievement of relevant the Services Availability Date on or before the relevant Target Services Availability Date or, (following the relevant Target Services Availability Date but before the relevant Longstop Date), any delay in the achievement of Services Availability; and/or (iv) breach of the Contractor’s obligations under this Agreement; and (b) the Estimated Change in Project Costs, loss of revenue, time lost, and/or relief from the obligations under this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.
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Procedure for Relief. To obtain relief or claim compensation under Clause Delays due to a Compensation Event the Contractor must: 17.6.1 as soon as practicable, and in any event within [20] Working Days after it becomes aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Part of this Agreement or the Contractor to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time to [the Target Service Availability Date], payment of compensation or relief from its obligations under this Part of this Agreement; 17.6.2 within [14] days of receipt by the Authority of the notice referred to in clause 17.6.1, give full details of the Compensation Event and the extension of time and any Estimated Revised Project Costs claimed (including evidence, on an open book basis, of the calculation of any Estimated Revised Project Costs); and 17.6.3 demonstrate to the reasonable satisfaction of the Authority that: (A) the Compensation Event was the cause of the Estimated Revised Project Costs and any delay in the achievement of the Target Service Availability Date; and (B) the Estimated Revised Project Costs, time lost and relief from the obligations under this Part of this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.
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Related to Procedure for Relief

  • Procedure for Rebate The Association represents to the Board that an internal rebate procedure has been established in accordance with Section 4117.09(C) of the Revised Code and that a procedure for challenging the amount of the representation fee has been established and will be given to each member of the bargaining unit who does not join the Association and that such procedure and notice shall be in compliance with all applicable state and federal laws and the Constitutions of the United States and the State of Ohio.

  • Procedure for taking possession - The Promoter, upon obtaining the occupancy certificate* from the competent authority shall offer in writing the possession of the [Apartment/Plot], to the Allottee in terms of this Agreement to be taken within two months from the date of issue of occupancy certificate. [Provided that, in the absence of local law, the conveyance deed in favour of the allottee shall be carried out by the promoter within 3 months from the date of issue of occupancy certificate]. The Promoter agrees and undertakes to indemnify the Allottee in case of failure of fulfilment of any of the provisions, formalities, documentation on part of the Promoter. The Allottee, after taking possession, agree(s) to pay the maintenance charges as determined by the Promoter/association of allottees, as the case may be after the issuance of the completion certificate for the project. The promoter shall hand over the occupancy certificate of the apartment/plot, as the case may be, to the allottee at the time of conveyance of the same.

  • Procedure for claiming relief Without prejudice to Clause 17.3, an Affected Party is only entitled to claim force majeure relief under this Clause 17 if it complies with the obligations to give Force Majeure Notices, Force Majeure Reports and provide other information under Clause 17.5 and to perform its obligations under Clause 17.6.

  • Procedure for Arbitration (1) The parties hereby agree that any controversy, dispute or claim arising out of, or relating to, this Agreement, or breach of this Agreement, including disputes concerning termination of this Agreement, shall be settled by arbitration in San Mateo, California. This agreement to arbitrate shall be specifically enforceable. Judgment upon any award rendered by an arbitrator may be entered in any court having jurisdiction. (2) Any demand for arbitration must be served on the other party within forty-five (45) days of the act or omission giving rise to the controversy, dispute or claim. (3) There shall be one impartial arbitrator chosen by the parties from a list procured from the California Mediation and Conciliation Service. (4) The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. (5) The decision of the Arbitrator within the scope of the submission shall be final and binding on all parties, and any right to judicial action on any matter subject to arbitration hereunder is hereby waived (unless otherwise provided by applicable law), except suit to enforce this arbitration award. (6) Executive agrees that such arbitration shall be the exclusive forum for any controversy, dispute or claim arising out of or relating to this Agreement, or breach or termination of this Agreement. Executive further expressly agrees that in arbitration his exclusive remedy shall be a money award not to exceed the amount of wages he would have earned under this Agreement but for the alleged violation and the Executive shall not be entitled to any other remedy, at law or in equity, including but not limited to reinstatement, other money damages, punitive damages and/or injunctive relief. (7) Each party shall pay such party's own attorney or other representative, and the expenses of such party's witnesses and all other expenses connected with his case. Other costs of the arbitration, including the cost of any record or transcript of the arbitration, administrative fees, arbitrator's fees, and all other fees and costs, shall be borne by the Corporation; provided, however, that at the discretion of the Arbitrator, and upon a preponderance of the evidence that one of the parties has engaged in malice, fraud or oppression relating to the termination of the Executive's employment, reasonable attorney's fees and costs may be awarded to the other party.

  • Procedure for Claims (1) In the event the Indemnitee is named as a party in any action, claim, suit, proceeding or investigation upon which the Indemnitee intends to base a claim for indemnification hereunder, the Indemnitee shall give the Indemnitor prompt written notice of such action, claim, suit, proceeding or investigation (provided, however, that failure of the Indemnitee to provide such notice shall not relieve the Indemnitor of any liability to the Indemnitee the Indemnitor may have under this Agreement except to the extent that the Indemnitor is materially prejudiced by such failure). (2) The Indemnitor shall participate in and, assume the defence of any such action, including for certainty any derivative action, claim, suit, proceeding or investigation all at the Indemnitor's expense provided, however, that counsel retained by the Indemnitor shall be satisfactory to the Indemnitee in the exercise of his reasonable judgement. Notwithstanding the Indemnitor's assumption of the defense of such action, claim, suit, proceeding or investigation, the Indemnitee shall have the right to employ separate counsel and to participate in, but not control, the defense of such action, claim, suit, proceeding or investigation, and the Indemnitor shall bear the reasonable fees, costs and expenses of such separate counsel as such fees, costs and expenses are incurred (provided that with respect to any single action, claim, suit, proceeding or investigation, the Indemnitor shall not be required to bear the fees, costs and expenses of more than one such counsel in any single jurisdiction) if (a) the use of counsel chosen by the Indemnitor to represent the Indemnitee would present such counsel with a conflict of interest; (b) the defendants, respondents or other parties in any such action, claim, suit, proceeding or investigation include both the Indemnitee on the one hand and the Indemnitor on the other hand, and the Indemnitee has reasonably concluded that representation of both parties by the same counsel would be inappropriate due to actual or potential differing interests between them (in which case the Indemnitor shall not have the right to direct the defense of such action, claim, suit, proceeding or investigation on behalf of the Indemnitee); (c) the Indemnitor shall not have employed counsel satisfactory to the Indemnitee in the exercise of the Indemnitee's reasonable judgment to represent him, within a reasonable time after notice of the institution of such action, proceeding or investigation; or (d) the Indemnitor authorizes the Indemnitee to employ separate counsel at the Indemnitor's expense. (3) The Indemnitee shall cooperate with the Indemnitor in the Indemnitor's defense by providing such information and other assistance which the Indemnitor may reasonably request in connection with such defense. (4) The Indemnitor shall not, without the Indemnitee's prior written consent, settle, compromise, consent to the entry of any judgment in or otherwise seek to terminate any action, claim, suit or proceeding in respect of which indemnification may be sought hereunder (whether or not the Indemnitee is a party thereto) unless such settlement, compromise, consent or termination includes a release of the Indemnitee from any liabilities arising out of such action, claim, suit or proceeding. The Indemnitee shall not, without the Indemnitor's prior written consent, admit liability, settle, compromise, consent to the entry of any judgment in or otherwise seek to terminate any action, claim, suit, investigation or proceeding referred to in the preceding paragraph and the Indemnitee shall not disclose the existence of this Agreement unless required by law, subpoena, court order or upon the advice of counsel.