Relief Events Clause Samples

Relief Events. The terms “Force Majeure Events” and “

Relief Events. (a) Subject to Clauses 8.1(c) and (d), the Subcontractor shall not be in breach of this Agreement to the extent that the breach is a result of a Relief Event. (b) In this Agreement, Relief Event means a failure of the Contractor to carry out a Dependency in accordance with this Agreement. (c) The Subcontractor shall not be entitled to claim that a breach is a result of a Relief Event pursuant to Clause 8.1(a) unless it: (i) as soon as practicable, and in any event within 15 Business Days after it becomes aware that the Relief Event has caused or is likely to cause delay a breach of an obligation under this Agreement and/or the Subcontractor to incur costs, gives to the Contractor a notice in writing of its claim for an extension of time or relief from its obligations under this Agreement; (ii) within 10 Business Days after receipt by the Contractor of the notice referred to in Clause 8.1 (c)(i) gives full details of the Relief Event and relief claimed; and (iii) demonstrates to the reasonable satisfaction of the Contractor the extent that: (A) the Relief Event was the cause of the cost incurred and/or the Subcontractor's failure to comply with its obligations under this Agreement; and (B) the cost incurred and/or relief from the obligations under this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Subcontractor acting in accordance with Good Industry Practice. (d) Following service of a notice by the Subcontractor pursuant to Clause 8.1(c), the Subcontractor shall promptly supply to the Contractor all further information relating to the claim which: (i) is received by the Subcontractor; or (ii) is reasonably requested by the Contractor. (e) If the Subcontractor has complied with its obligations under Clauses 8.1(c) and (d), the Contractor shall give the Subcontractor relief from its obligations under this Agreement which is reasonable for the relevant Relief Event. (f) If information is provided after the dates referred to in Clause 8.1(c) above, the Subcontractor shall not be entitled to any extension of time, compensation or relief from its obligations under this Agreement in respect of the period for which the information is delayed. (g) If the parties cannot agree the extent of any delay incurred, relief from the Subcontractor's obligations under this Agreement, or the Contractor disagrees that a Relief Event has occurred (or as to its consequences), or that the Subcontractor is entitled to any relief under this...

Relief Events. The terms “

Relief Events. 25.1 For the purposes of this Agreement, subject to Clause 25.4 (Mitigation), Relief Events mean any of the following events: 25.1.1 fire, explosion, lightning, ▇▇▇▇▇, ▇▇▇▇▇▇▇, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute Force Majeure), earthquake, riot or civil commotion; 25.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services; 70 See note at Clauses 14.6 to 14.8. 25.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;

Relief Events. 42.1 For the purposes of this Agreement, subject to Clause 42.4 (Mitigation), Relief Events mean any of the following events: (a) fire, explosion, lightning, ▇▇▇▇▇, ▇▇▇▇▇▇▇, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute Force Majeure), earthquake, riot or civil commotion; (b) failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services; (c) accidental loss or damage to the Works and/or Facilities and/or the Existing Facilities or any roads servicing the same; (d) without prejudice to any obligation of Project Co to provide stand-by power facilities in accordance with the Board's Construction Requirements or the Service Level Specifications, failure or shortage of power, fuel or transport; (e) blockade or embargo falling short of Force Majeure; (f) the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 24 (Fossils and Antiquities); or (g) official or unofficial strike, lockout, go slow or other dispute in each case generally affecting the construction, building maintenance or facilities management industry (or a significant sector of that industry), provided in each case that such event does not arise (directly or indirectly) as a result of any wilful act or default of the party claiming relief and/or (i) in the case of Project Co claiming relief, any Project Co Party and (ii) in the case of the Board claiming relief, any Board Party. 42.2 Subject to Clauses 42.3 and 42.4, no right of termination shall arise under this Agreement by reason of any failure by a party to perform any of its obligations under this Agreement to the extent that such failure to perform occurs because of the occurrence of a Relief Event (and, to avoid doubt, and without prejudice to Clause 42.9 (No Compensation), unless expressly stated to the contrary in this Agreement, it is acknowledged that all other rights and obligations of the parties under this Agreement remain unaffected by the occurrence of a Relief Event). 42.3 Without prejudice to Project Co's rights under Clause 41 (Delay Events), Project Co shall only be relieved of its obligations under Clauses 17 (The Design, Construction and Commissioning Process), 18 (Right of Access of Board's Representative), 19 (Programme and Dates for Completion) 22 (Pre-Completion Commissioning and Completion) and 41 (Delay Events) by Delay Events in accordan...

Relief Events. 12.3.1 If, as a direct result of the occurrence of a Relief Event, Developer becomes aware that the Relief Event has caused or is likely to cause Developer to fail to: 12.3.1.1 commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline), suffer further delay in the achievement of Construction Commencement; and/or 12.3.1.2 achieve D&C Work Completion by the Original D&C Work Completion Deadline or (following the D&C Work Completion Deadline) suffer further delay in the achievement of D&C Work Completion; and/or 12.3.1.3 comply with any of its obligations under this Agreement, then Developer is entitled to claim an extension to the Construction Commencement Deadline and/or the Long Stop Deadline and/or relief from any rights of the Authority arising under Section 24.4 (Termination for Developer Default), in each case in accordance with this Article 12 (Supervening Events).

Relief Events. (i) and (j)

Relief Events. (a) If, as a direct result of the occurrence of a Relief Event, the Development Entity becomes aware that the Relief Event has caused or is likely to cause the Development Entity to fail to: (i) achieve CNG Readiness in respect of any Project Site by the applicable CNG Readiness Deadline or (following the applicable CNG Readiness Deadline) suffer further delay in the achievement of CNG Readiness at such Project Site; and/or (ii) achieve Site Completion in respect of any of the Project Sites by the Site Completion Deadline; and/or (iii) comply with any of its obligations under this PPA, then the Development Entity is entitled to request an extension to the applicable CNG Readiness Deadline and/or the applicable Long Stop Deadline and/or the Site Completion Deadline and/or relief from any rights of the Department arising under Section 24.5 (Termination for Development Entity Default) and/or relief from any costs or expenses that accrue pursuant to Section 7.9 (Late Completion Costs) or any liquidated damages accrue pursuant to Section 11.4 (Liquidated Damages), in each case in accordance with this Article 12 (Supervening Events).

Relief Events. ‌ 20.1 The Seller is discharged from performing the Agreement where, to the extent, and for so long as the following circumstances affect performance: 20.1.1 the Buyer is in breach of this Agreement; or 20.1.2 where the responsibilities of the Buyer or any third party engaged by or on behalf of the Buyer which need to be performed in order for the Seller to perform its obligations are not met other than due to a breach by the Seller of this Agreement. 20.2 Except to the extent the Seller may be liable to the Buyer under this Agreement, the Buyer shall indemnify the Seller against any Losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses): 20.2.1 arising in connection with the Seller’s use of any information, instructions, specifications, materials or products supplied by the Buyer to the Seller in respect of the Product; 20.2.2 arising in connection with the Buyer’s use of the Products in excess of its specifications; 20.2.3 arising in connection with the use, processing, modification, storage or handling of the Product by the Buyer, its employees, agents or customers; 20.2.4 arising in connection with the Buyer’s breach of this Agreement; 20.2.5 arising in connection with any violation of law or regulation by, intentional or negligent act of, or unauthorised representation by the Buyer, its employees or agents in their use, sale, distribution or handling of the Product; and 20.2.6 incurred by the Seller towards a third party arising out of or in connection with the Product supplied by the Seller or its use and whether arising by reason of the negligence of the Seller or otherwise, including any claims from customers of the Buyer. 20.3 At the Seller’s request, the Buyer shall defend the Seller, at the Buyer’s expense, against any such claim made against the Seller.