Common use of Burden of Proof; No Concurrent Delays or Costs Clause in Contracts

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.10, the burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure event, Buyer-Caused Delay, or Buyer Discretionary Change, as applicable, on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, the anticipated Closing Date and the Guaranteed Substantial Completion Date) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, the Purchase Price (including by modification to the Substantial Completion Payment). (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.10, the burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure eventevent upon which Seller’s claim is based, Buyer-Caused Delay, or Buyer Discretionary Change, as applicable, Change on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, including the anticipated Closing Date and the Guaranteed Substantial Completion Date, if applicable) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, and/or the Purchase Price (including by modification to the Substantial Completion Payment), as applicable. (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.10, the The burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure event, Buyer-Caused Delay, Delay or Buyer Discretionary Change, as applicable, Change on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, including the anticipated Closing Date and the Guaranteed Substantial Completion Date, if applicable) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, and/or the Purchase Price (including by modification to the Substantial Completion Payment), as applicable. (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, conditions and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, conditions and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.1014.2, the burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure event, Buyer-Caused Delay, or Buyer Discretionary Change, as applicable, on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, the anticipated Closing Date and the Guaranteed Substantial Completion Date) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, the Purchase Price (including by modification to the Substantial Completion Payment). (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.10, the The burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Buyer Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure event, Buyer-Buyer Caused Delay, Delay or Buyer Discretionary Change, as applicable, Change on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, including the anticipated Closing Date and the Guaranteed Substantial Completion Date, if applicable) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, and/or the Purchase Price (including by modification to the Substantial Completion Payment), as applicable. (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, conditions and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, conditions and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.. ARTICLE IX.‌

Burden of Proof; No Concurrent Delays or Costs. (a) Without limiting Section 26.10, the The burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure eventevent upon which Seller’s claim is based, Buyer-Buyer- Caused Delay, or Buyer Discretionary Change, as applicable, Change on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, including the anticipated Closing Date and the Guaranteed Substantial Completion Date, if applicable) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, and/or the Purchase Price (including by modification to the Substantial Completion Payment), as applicable. (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, conditions and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, conditions and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.

Burden of Proof; No Concurrent Delays or Costs. ‌ (a) Without limiting Section 26.10, the burden of proof shall be on Seller regarding (i) the occurrence of a Buyer-Caused Delay (including establishing the elements of the definition of Buyer-Caused Delay) and (ii) the impact of the Force Majeure event, Buyer-Caused Delay, or Buyer Discretionary Change, as applicable, on, and causal connection (if any) between the same and, the Project Schedule (including, if applicable, the anticipated Closing Date and the Guaranteed Substantial Completion Date) and/or, exclusively for Buyer-Caused Delays and Buyer Discretionary Changes, the Purchase Price (including by modification to the Substantial Completion Payment). (b) Notwithstanding anything to the contrary, to the extent of mutually occurring or concurrent delays, disruptions, interferences, and/or cost increases to the Work resulting, on the one hand, from causes, events, conditions, and/or circumstances to which none of Section 8.2, Section 8.3, or Section 8.4 apply, and, on the other hand, from causes, events, conditions, and/or circumstances to which one or more of Section 8.2, Section 8.3, and Section 8.4 apply, Seller shall not be entitled to relief under Section 8.2, Section 8.3, or Section 8.4.. ARTICLE IX.‌