Compensation Event. (a) If Sections 15.2(a) and 15.2(b) require Project Co to perform any alteration, addition, demolition, extension or variation in the Work or to suspend or delay performance of the Work as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Work, or suspension or delay in the performance of the Work, shall, subject to and in accordance with Article 22, be treated as a Delay Event and, subject to and in accordance with Article 23, be treated as a Compensation Event, provided however that the foregoing shall not apply to the extent that any item referred to in Section 15.1(a) was disclosed in or properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date.
Compensation Event. In the case of a Compensation Event, the Contracting Authority must pay the Contractor (or where a Contracting Authority Change is concerned, the Contractor may have to pay the Contracting Authority) compensation in accordance with Schedule 3 (Compensation for Supervening Events), paragraph 2 (Compensation Event).
Compensation Event. In the cases specified in the Agreement, the losses incurred by the Private partner due to the Compensation Event are compensated by the Public partner.
Compensation Event. Request
(a) If as a direct result of the occurrence of a Compensation Event:
(i) the Operator is unable to comply with its obligations under this Agreement; and/or
(ii) the Operator has incurred Eligible Costs, notwithstanding the Operator using all reasonable endeavours and in accordance with Good Industry Practice to mitigate the effect of such Compensation Event in its performance of its obligations under this Agreement, the Operator may apply for an extension and/or relief from its obligations under this Agreement and/or for compensation under this Agreement.
(b) Any such request shall be made by service of an initial notice on the Authority within two (2) Business Days of the Operator becoming aware of the occurrence of a Compensation Event,
(c) Without prejudice to the generality of the request in paragraph (b) above, the Operator shall provide the Authority within ten (10) Business Days of the Operator becoming aware of the occurrence of a Compensation Event with a subsequent notice, including:
(i) the direct effect of the Compensation Event on the Operator’s ability to perform any of its obligations under this Agreement, including details of the relevant obligations, the precise effect on each such obligation and the likely duration of that effect;
(ii) an explanation of any measures that the Operator proposes or intends to adopt to mitigate the consequences of the Compensation Event; and
(iii) details of the Eligible Costs incurred and to be incurred for the duration of the Compensation Event, and which could not reasonably be expected to be mitigated or recovered by the Operator, acting in accordance with Good Industry Practice.
Compensation Event. II.15.1. The following events are Compensation Events:
(a) Change in legislation: if the Contractor suffers a delay or incurs additional Cost as a result of a change in the applicable law with binding effect on the Contractor or in the judicial or governmental interpretation of such applicable law (but not related to employment, tax or social legislation) after the Commencement Date that directly affects the implementation of the Contract or performance of the Specific Contract, the Contractor is only entitled to an extension of time and/or payment of such Cost under the following conditions:
a. the Contractor has notified Fusion for Energy including a substantiation of any the delay and/or additional costs within thirty (30) days from the date the change entered into force. Fusion for Energy may accept a later notification for duly justified reasons, and
b. Fusion for Energy does not terminate the Contract or Specific Contract pursuant to Article II.20 (Termination by Fusion for Energy for Convenience), and
c. The impact of the Change in Legislation is not already covered by another provision of the Contract or Specific Contract, and
d. The Contractor could not have expected such delay or additional Cost, and
e. The Contractor is a national of or is legally established in one of Fusion for Energy Member States at the time of the notification referred to in this Article.
Compensation Event. 31.1 The following are compensation events for the purposes of the Contract:
(1) The Superintending Officer gives an instruction for Variation of the Works under Clause 28 (except where such change was made in order to accept defect of the Works or arises from, necessitated by or intended to cure any default or breach of contract by the Contractor);
(2) Exceptionally inclement weather;
(3) Industrial action by workmen, strikes, lock-outs or embargoes affecting any of the trades employed upon the Works or in the preparation, manufacture or transportation of any Equipment, materials or goods for the Works and provided that the same are not due to any unreasonable act or default of the Contractor or of any sub-contractor or supplier. Provided that this event shall only apply if the industrial action by workmen, strike, lock-out or embargo causing delay is in Malaysia;
(4) One or more of the Excepted Risks (time only);
(5) The Contractor not having received from the Superintending Officer within a reasonable time necessary Drawings, instructions or other information in regard to the Works for which notice has been given by the Contractor in accordance with Clause 4.6 or the supplementary or revised drawing, specifications, or instruction as required by Clause 4.7;
(6) An instruction from the Superintending Officer to resolve a Discrepancy in or between any of the Contract Documents pursuant to Clause 7.5;
Compensation Event. If, at any time, as a direct result of the occurrence of a Compensation Event:
Compensation Event. 3.2.. 9.4 FORCE MAJEURE EVENT ............................................................................3 2. 9.5 DELAYED COMPLETION EVENT.....................................................................3.3.....
Compensation Event. If Nalcor does not comply with its obligations to deliver the Nova Scotia Block to Emera in accordance with this Agreement for all or the remainder of the Initial Term, as applicable:
(i) for any reason, other than a Forgivable Event of any duration, which is not cured within 24 months after such non-delivery commenced, Emera shall have the option to continue to claim any damages due under Section 8.4 in respect of a failure by Nalcor to deliver Block B Undelivered Energy as provided in Section 8.4(a) or to deem such non-delivery a Compensation Event to which this Section 8.6 applies;
(ii) by reason of Government Action which prevents the delivery of all or substantially all of the Nova Scotia Block, Emera shall have the option to deem such default to be a Compensation Event to which this Section 8.6 applies;
(iii) by reason of a breach by Nalcor of Section 11.4(g) of the NLDA, which breach shall constitute a Compensation Event to which this Section 8.6 shall apply; or
(iv) all or a material portion of the MFP Development Activities are discontinued or cease for a single continuous period in excess of 120 days, unless contemplated by the project schedule or for seasonal interruptions that are customary in the usual and ordinary course of the MFP Development Activities or for Force Majeure (as “Force Majeure” is defined in the NLDA) or for the suspension of MFP Development Activities pursuant to Section 2.10 of the NLDA, which discontinuance or cessation shall constitute a Compensation Event to which this Section 8.6 shall apply. With respect to a Compensation Event, Emera, provided it is in material compliance with its obligations under this Agreement, the Maritime Link Transmission Service Agreements and the Nova Scotia Transmission Utilization Agreement may on 30 days’ Notice require Nalcor, subject to Section 8.2(d) with respect to a Government Action, to compensate Emera by paying or delivering an amount equal to the aggregate of:
(v) the Compensation Value as defined in Section 8.6(b) and as may be subject to Section 8.6(c); plus
(vi) without duplication, the reasonable out-of-pocket costs, expenses, fees, penalties or fines incurred by Emera as a direct result of such Compensation Event (collectively, the “Compensation Damages”).
Compensation Event. In case the Parties agree to postpone the time of commencement of provision of the Services, the period of validity of the Agreement shall not be changed.
