Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to com...
Compensation Events. The following mutually agreed Compensation Events unless they are caused by the contractor would be applicable;
(a) The Commissioner/CMO does not give access to a part of the site
(b) The Commissioner/CMO modifies the schedule of other contractor in a way, which affects the work of the contractor under the contract.
(c) The Commissioner/CMO orders a delay or does not issue drawings, specification or instructions /decisions/approval required for execution of works on time.
(d) The Commissioner/CMO instructs the contractor to uncover or to carry out additional tests upon work, which is then found to have no defects.
(e) The Commissioner/CMO gives an instruction for additional work required for safety or other reasons.
(f) The advance payment and or payment of running bills (complete in all respect) are delayed.
(g) The Commissioner/CMO unreasonably delays issuing a Certificate of Completion
(h) Other compensation events mentioned in contract if any
Compensation Events. (a) Either party hereto may submit a written notice to the other party of any Compensation Event, which notice shall be submitted within 30 days following the date on which the submitting party first became aware (or should have been aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Compensation Event pursuant hereto (a “Compensation Event Notice”). The Compensation Event Notice shall set forth (i) the Compensation Event and its date of occurrence in reasonable detail, and (ii) the amount claimed as the Concessionaire Damages or as Positive Revenue, as applicable, and details of the calculation thereof including a written analysis and calculation of the estimated Net Cost Impact, if any, and estimated Net Revenue Impact.
(b) If for any reason the Concessionaire fails to deliver such written Compensation Event Notices within the foregoing time periods, the Concessionaire shall be deemed to have irrevocably and forever waived and released any Claim or right to compensation for any Concessionaire Damages or other adverse effects on Toll Revenues or on costs, expenses and liabilities attributable to such Compensation Event.
(c) After a party hereto submits a Compensation Event Notice, the other party shall be entitled to obtain (i) from the Independent Engineer a comprehensive report as to the Concessionaire’s estimate of the Net Cost Impact attributable to the Compensation Event and (ii) from a traffic and revenue consultant a traffic and revenue study, prepared in accordance with Good Industry Practice, analyzing and calculating the estimated Net Revenue Impact or Positive Revenue, as applicable, attributable to the Compensation Event. Within 90 days after receiving a Compensation Event Notice, the party in receipt of such notice shall provide to the party having given such notice a copy of such reports as it has elected to obtain. Within 120 days after the delivery of the Compensation Event Notice, the Concessionaire and Department shall commence good faith negotiations to determine the Concessionaire Damages, Positive Revenue or other compensation, if any, to which a party is entitled, including calculation of the present value of such Concessionaire Damages, Positive Revenue or other compensation pursuant to Section 13.03(a).
(d) If the Concessionaire and Department are unable to agree upon the amount of the Concessionaire Damages, Positive Revenue or other compensation, if any, or present value thereof,...
Compensation Events. 22.1. The Compensation events are the events the risk of which according to the Agreement, including the Annex No. 4 to the Agreement the Matrix of Risk distribution between Parties is exclusively or partially attributed to the Granting institution, and which are specified bellow, the consequences of which do not have to be compensated and / or remunerated by other persons, and / or which have not resulted from the actions of the Investor or the Concessionaire, or their Associated persons, or Sub- Suppliers, or other entities employed by the Concessionaire for the performance of the Agreement, with the exception of actions which were intended to avoid the Compensation event or its affect on the increase in the Investments or the costs, associated with the provision of the Services, provided in the Financial activity model, should the caused loses, or the increase in the Investments or the Costs, associated with the provision of the Services were bigger:
22.1.1. new legislation, imposing additional requirements for the performance of Works and / or provision of Services are changed or passed due to which it becomes necessary to perform Additional works and / or services, to change the ways and means of Service provision, and when such legislation is classified as the Fundamental legislative changes;
22.1.2. replacing or accepting new legislation exclusively governing the activities of the Concessionaire, for which the Concessionaire is compelled to incur unplanned expenses for the implementation of the Contract, and when such legal acts are classified as substantive changes to the legislation;
22.1.3. The Property is transferred or handed over to the third party for control or use or is awarded by a court decision (except in cases specified in the Agreement), but only if this does not constitute grounds for termination of the Agreement on the grounds specified in its paragraph No. 40.
22.1.4. it is not objectively possible to perform the Works or to provide the Services in whole or in part because the Granting Authority fails to fulfill its obligations under the Contract, not in accordance with the Contractor's obligations under the Treaty in the event of non- execution or unlawful actions;
22.1.5. partial or complete performance of the Works or provision of Services, is objectively impossible due to any restrictions of ownership rights with respect to the Property;
22.1.6. partial or complete performance of the Works is objectively impossible due to any re...
Compensation Events. 60.1 The weather measurements to be recorded for each calendar month are the cumulative rainfall (mm)the number of days with rainfall of more than 10 mmthe number of days with minimum air temperature less than 0 degrees Celsius
60.1 The place where weather is to be recorded (on the Site) is At the Construction Site Office and the records to be kept on site in a file clearly marked for this purpose
60.1 Assumed values for the ten-year Month Days Month Days return weather data for each January 1 July 4 weather measurement for each February 1 August 3 calendar month are March 2 September 2 April 2 October 2 May 3 November 2 June 3 December 1 7 Title No data required for this section of the conditions of contract
Compensation Events. 12.2.1 If, as a direct result of the occurrence of a Compensation Event, Developer becomes aware that the Compensation Event has caused or is likely to cause Developer (or, solely with respect to Section 12.2.1.6, Borrower) to:
12.2.1.1 fail to commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline) suffer further delay in the commencement of the Construction Work; and/or
12.2.1.2 fail to achieve Substantial Completion by the Original Substantial Completion Deadline or (following the Original Substantial Completion Deadline) suffer further delay in the achievement of Substantial Completion; and/or
12.2.1.3 fail to achieve Final Acceptance by the Original Final Acceptance Deadline or (following the Original Final Acceptance Deadline) suffer further delay in the achievement of Final Acceptance; and/or
12.2.1. 4 fail to 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
Compensation Events. Z7.1 Clause 61.4: The first bullet point is amended to read as follows: arises from the fault, error, negligence or default of the Consultant.
Compensation Events. (a) If, as a direct result of the occurrence of a Compensation Event, the Development Entity becomes aware that the Compensation Event has caused or is likely to cause the Development Entity to:
(i) fail to 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) fail to achieve Site Completion in respect of any of the Project Sites by the Site Completion Deadline; and/or
(iii) fail to comply with its obligations under this PPA; and/or
(iv) incur costs or lose revenue, then the Development Entity is entitled to claim:
(A) an extension to the CNG Readiness Deadline in respect of such Project Site and/or (following the occurrence of the applicable CNG Readiness Deadline) the applicable Long Stop Deadline and/or the Site Completion Deadline (as relevant); and/or
(B) relief from compliance with its obligations under this PPA; and/or
(C) compensation for any Change in Costs that the Development Entity will incur or suffer (as relevant) as a direct result of such Compensation Event; and/or
(D) following the achievement of CNG Readiness in respect of the first Project Site, compensation for Infrastructure Fees that would have been payable in respect of such Project Site but for the failure to achieve CNG Readiness or Site Completion in respect of the applicable Project Site as a direct result of such Compensation Event; in each case in accordance with this Article 12 (Supervening Events).
Compensation Events. The place where weather is to be recorded is The weather measurements to be recorded for each calendar month are:- the cumulative rainfall (mm); the number of days with rainfall more than 5 mm; the number of days with minimum air temperature less than 0 degrees Celsius; the number of days with snow lying at 0900 hours GMT; and these measurements: The weather measurements are supplied by the Meteorological Office. The weather data are the records of past weather measurements for each calendar month which were recorded at [insert location] and which are available from the Meteorological Office. Where no recorded data are available: Assumed values for the ten year return weather data for each weather measurement for each calendar month are: does not apply
Compensation Events. (a) Each of the events (a “Compensation Event”) set out in this clause 8 shall entitle an Impacted User to compensation from a Defaulting User.
(b) The sole form of compensation available to an Impacted User under this Agreement or pursuant to Applicable Law shall be an entitlement to liquidated damages, payable in response to an invoice sent in accordance with clause 12 from an Impacted User to a Defaulting User, detailing the Compensation Event and demanding payment of direct damages in accordance with the terms of this Agreement.
(c) If a Defaulting User fails to pay under such demand in accordance with the requirements of clause 12, the Terminal Operator shall be entitled to draw on the Inter-User Guarantee of such Defaulting User in an equivalent amount to cover any payment due to an Impacted User.
(d) For the avoidance of doubt, a Compensation Event will only arise following a Failed LNG Cargo Event, including in circumstances where the Failed LNG Cargo Event has occurred due to Force Majeure declared by the Defaulting User.
