Common use of Consequences of a Delay Event Clause in Contracts

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c): (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxx-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the Phased Occupancy Dates, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c): (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxxmark-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the Phased Occupancy DatesScheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c):: (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxxmark-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c):: (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxx-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the applicable Phased Occupancy Dates, Scheduled Phase 1 Completion Date, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c): (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxxmark-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the Phased Occupancy Dates, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner HMQ in accordance with the procedure set out in Schedule 11 – Change ProcedureProcedure (which, for greater certainty, may include a separate Scheduled Substantial Completion Date for one or more of the Facilities). (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c): (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner HMQ with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work Scheduled Substantial Completion Date (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner HMQ for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxxmark-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner HMQ to ensure Owner HMQ is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner HMQ has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner HMQ has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner HMQ or others for whom Owner HMQ is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule Scheduled Substantial Completion Date where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner HMQ shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the Phased Occupancy Dates, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.the

Consequences of a Delay Event. (a) Upon the occurrence of a Delay Event, the Contract Time will be extended for such reasonable time as the Consultant recommends in consultation with Owner in accordance with the procedure set out in Schedule 11 – Change Procedure. (b) Should Project Co contend that it is entitled to an extension of the Contract Time for completion of any portion of the Work, Project Co shall, subject to Section 24.3(c): (i) as soon as reasonably possible but in any event within 15 days of the occurrence of the Delay Event, provide Owner with written notice setting forth the cause of the Delay Event, a description of the impact the Delay Event will have on the critical path of the Work (including an order of magnitude estimate of the cost of the Delay Event), and a description of the portions of the Work affected thereby, together with all pertinent details; (ii) as soon as reasonably possible but in any event within 15 days after the cause of the Delay Event has ceased to exist, submit a written application to Owner for the specific Contract Time extension requested, and if the Delay Event has arisen as a result of an event described in Sections 22.1(a)(i), 22.1(a)(ii), 22.1(a)(iii), 22.1(a)(iv), 22.1(a)(v), 22.1(a)(vi), 22.1(a)(vii) and 22.1(a)(ix), submit a breakdown of the actual costs, without xxxxmark-up, incurred by Project Co as a result of the Delay Event; and (iii) use all reasonable efforts to anticipate the occurrence of any Delay Event and take appropriate measures to avoid its potential occurrence or minimize the potential effects of its occurrence. (c) Project Co acknowledges that the provisions of Section 22.2(b)(i) and Section 22.2(b)(ii) are required by Owner to ensure Owner is provided with timely and sufficient information respecting any alleged Delay Event and is not prejudiced in dealing with the claim by Project Co for an extension of the Contract Time or increase to the Guaranteed Price as a consequence of the occurrence of the Delay Event. If Project Co fails to comply with the requirements to provide the information under either Section 22.2(b)(i) or Section 22.2(b)(ii) within the time periods therein provided, it shall be disentitled to claim an extension to the Contract Time or increase to the Guaranteed Price, but only to the extent that Owner has been prejudiced by the failure. The onus shall be on Project Co to establish substantial compliance with the said requirements, and to establish that Owner has not been prejudiced by the failure to provide the required information within the required time period. (d) If the Work should be behind schedule for a reason other than a Delay Event, or if a Project Co Party delays the progress of any portion of the Work necessary to complete the Work on schedule, Project Co shall use all reasonable measures to bring the Work back on schedule. Project Co shall exercise all means within its discretion, such as directing any Project Co Party creating delays to increase their labour forces and equipment, to improve the organization and expediting of the Work, or to work overtime as may be necessary. Project Co shall provide any additional supervision, coordination and expediting, including overtime by its own personnel as may be required to achieve this end. The costs and expenses incurred by the use of such measures and overtime shall be borne by Project Co and/or the Project Co Parties and there shall be no adjustment to the Guaranteed Price as a result of such costs and expenses and for clarity, no extension of the Contract Time. (e) Costs (as defined in Section 2.3.2 of Schedule 11 – Change Procedure) due to delays caused by non-availability of specified items, when such delays could have been avoided or substantially mitigated by Project Co, shall be the responsibility of Project Co. (f) Where there are concurrent delays, some of which are caused by Owner or others for whom Owner is responsible, and some of which are caused by Project Co or others for whom Project Co is responsible, Project Co shall not be entitled to either an extension in the Contract Time or additional compensation to the extent of the concurrent delays. Concurrent delays are those that are caused by two or more independent events which affect items on the critical path of the Construction Schedule where the time period over which such delays occur overlap in time, but only for the duration of the overlap. (g) Project Co acknowledges that subject to any extension of the Contract Time that may arise in connection with the Consultant’s failure to respond to any Design Issue in accordance with Section 8.2(i), as it applies to the circumstances of either Section 11.18(a) or 11.18(b), or if there is any extension of the Contract Time allowed in the circumstances of a Change in the Scope of the Work under Section 11.18(c), no extension of the Contract Time shall be made for delays caused by a Design Issue properly characterized as a Project Co Design Issue under Sections 11.17 and 11.18 of this Project Agreement. (h) Owner shall provide Project Co with access to and use of the Site as required pursuant to Article 9 of this Project Agreement in a manner consistent with the Construction Schedule and in accordance with the notification requirements and restrictions set out in the Contract Documents, including the Contract Documents referred to in Section 11.7(c), provided that Project Co agrees that the inability of Owner to provide Project Co with access to an area for construction activities not on the critical path for reasons generally outlined in Sections 11.7(b) and 11.7(c), will not result in a claim by Project Co for a change in the Guaranteed Price or the Contract Time. (i) Project Co acknowledges and agrees that the Contract Time includes a Schedule Cushion in the Construction Schedule at no additional cost to Owner. Project Co shall separately identify the extent of the Schedule Cushion in the Construction Schedule. (j) Project Co acknowledges and agrees that in the event that an extension of the Contract Time is allowed under any provision of this Project Agreement, Owner may, in its Sole Discretion, elect to apply any portion of the Schedule Cushion with the result that such extension of the Contract Time shall be reduced or eliminated, as the case may be, by the number of days of the Schedule Cushion Owner has elected to apply. (k) For greater certainty, no extension of the Contract Time resulting from a Delay Event shall be allowed, unless the Delay Event on which the claim is based extends the critical path of the Construction Schedule or the attainment of any of the Phased Occupancy Dates, the Scheduled Substantial Completion Date or the Scheduled Final Completion Date, and in no case shall the extension of the Contract Time be more than the necessary extension of the critical path as a result of the Delay Event.