Common use of Procedure for Relief Clause in Contracts

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 Target Grass Pitch Availability Date and/or, following the Target Service Availability Date, delay in achievement of Service Availability by the relevant Deadline Date and/or, following a Target External Works Availability Date, delay in achievement of External Works Availability by the relevant External Works Step-In Date and/or, following a Target Grass Pitch Availability Date, delay in achievement of Grass Pitch Availability by the relevant Grass Pitch Step-In Date; and (b) the Estimated Change in Project Costs and/or loss of revenue, time lost and 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.

Procedure for Relief. Subject to Clause 17.8 (Late Provision of Information), to 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 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 Date, Target External Works Availability Date and/or Target Grass Pitch Playing Fields Availability Date and/or following the Target Service Availability Date, the Deadline DateDates, payment of compensation under Part 3 of this Agreement and/or relief from its obligations under this Agreement;. 17.6.2 subject to Clause 17.8 within 15 10 Business Days of receipt by the Authority of the notice referred to in Clause 17.6.117.6.1 (or such longer period as the Authority may agree in writing (acting reasonably), having regard to the nature of the Works Compensation Event), 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) 17.6.3.1 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 Construction Programme or 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 Playing Fields Availability Date and/or breach of an obligation and there were no other events responsible for delays to the Contractor’s obligations under this Agreement, or, following Construction Programme or achievement of the relevant Target Service Availability Date, delay in achieving Service Availability before the Deadline Date and/or, following a and/or Target External Works Availability Date, delay in achieving External Works Availability before the relevant External Works Step-In Date and/or, following a and/or Target Grass Pitch Playing Fields 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 Date which have been included in the calculation of the Estimated Change in Project Costs and and/or the delay in the Construction Programme or 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 Playing Fields Availability Date and/or, following the Target Service Availability Date, delay in achievement of Service Availability by the relevant Deadline Date and/or, following a Target External Works Availability Date, delay in achievement of External Works Availability by the relevant External Works Step-In Date and/or, following a Target Grass Pitch Availability Date, delay in achievement of Grass Pitch Availability by the relevant Grass Pitch Step-In Date; and (b) 17.6.3.2 the Estimated Change in Project Costs and/or loss of revenueCosts, time lost and 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.