Common use of Consequences of a Relief Event Clause in Contracts

Consequences of a Relief Event. If and to the extent that a Relief Event: directly causes a delay in the Operation Commencement Date; and/or materially adversely affects the ability of the Private Party to perform any of its obligations under this Agreement, then the Private Party shall be entitled to apply for relief from any rights of the Institution arising under clause 23. To obtain relief, the Private Party must: as soon as practicable, and in any event within 21 days after it became aware that the Relief Event has caused or is likely to cause delay and/or materially adversely affect the ability of the Private Party to perform its other obligations, give to the Institution a notice of its claim for relief from its obligations under this PPP Agreement, including full details of the nature of the Relief Event, the date of occurrence and its likely duration; within 7 days of receipt by the Institution of the notice referred to in clause above, give full details of the relief claimed; and demonstrate to the reasonable satisfaction of the Institution that: the Private Party and its Subcontractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; the Relief Event directly caused the delay to the Operation Commencement Date or the need for relief from other obligations under this PPP Agreement; the time lost and/or relief from the obligations under this PPP Agreement claimed could not reasonably be expected to be mitigated or recovered by the Private Party acting in accordance with Good Industry Practice, without incurring material expenditure; and the Private Party is using reasonable endeavours to perform its obligations under this PPP Agreement. If the Private Party has complied with its obligations under clause above, then: the Operation Commencement Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay, provided that the Minimum PPP Fee shall continue to be paid from the original Operation Commencement Date; the Institution shall not be entitled to exercise its rights to terminate the Agreement under clause 23 [and, subject to clause below, shall give such other relief as has been requested by the Private Party and agreed between the Parties or decided pursuant to clause [insert]; and/or the Project Term may be extended for a period of time that is equal to the period of time for which the Relief Event endured, provided that: the Private Party has used its reasonable endeavours to mitigate its losses; the Private Party has used reasonable endeavours to fund the financial consequences of the Relief Event on the Project, out of other sources and resources, and has been unsuccessful; the Relief Event and its consequences are both uninsureable, other than as a result of any act or omission of the Private Party and/or its Subcontractors; the Relief Event prevents the undertaking or performance of all or the majority of the Works or the Operation and Maintenance; and no compensation of any nature is payable by the Institution. For the avoidance of doubt, nothing in this clause shall impose any duty or obligation on the Institution to supplement or underwrite any revenue losses or costs of the Private Party arising out of a Relief Event. If the information required by clause above is provided after the dates referred to in that clause, then the Private Party shall not be entitled to any relief during the period for which the information is delayed. The Private Party shall notify the Institution if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted materially inaccurate or misleading. In the event of a Relief Event that continues for a period in excess of 180 days, the Parties shall meet in order to find a mutually satisfactory solution for dealing with such prolonged Relief Event. If the Parties cannot agree the extent of the relief required, or the Institution disagrees that a Relief Event has occurred or that the Private Party is entitled to any extension of the Operation Commencement Date and/or relief from other obligations under this PPP Agreement, the Parties shall resolve the matter in accordance with clause 27.

Consequences of a Relief Event. If and to the extent that a Relief Event: directly causes a delay in the Operation Commencement Date; and/or materially adversely affects the ability of the Private Party to perform any of its obligations under this PPP Agreement, then the Private Party shall be entitled to apply for relief from any rights of the Institution arising under clause 2330. To obtain relief, the Private Party must: as soon as practicable, and in any event within 21 [x] days after it became aware that the Relief Event has caused or is likely to cause delay and/or materially adversely affect the ability of the Private Party to perform its other obligations, give to the Institution a notice of its claim for relief from its obligations under this PPP Agreement, including full details of the nature of the Relief Event, the date of occurrence and its likely duration; within 7 [x] days of receipt by the Institution of the notice referred to in clause above, give full details of the relief claimed; and demonstrate to the reasonable satisfaction of the Institution that: the Private Party and its Subcontractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; the Relief Event directly caused the delay to the Operation Scheduled Operations Commencement Date [or the need for relief from other obligations under this PPP Agreement]; the time lost and/or relief from the obligations under this PPP Agreement claimed could not reasonably be expected to be mitigated or recovered by the Private Party acting in accordance with Good Industry Practice, without incurring material expenditure; and the Private Party is using reasonable endeavours to perform its obligations under this PPP Agreement. If the Private Party has complied with its obligations under clause above, then: the Scheduled Operation Commencement Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay, provided that the Minimum PPP Fee shall continue to be paid from the original Scheduled Operation Commencement Date; and/or the Institution shall not be entitled to exercise its rights to terminate the Agreement under clause 23 30 [and, subject to clause 27.3 below, shall give such other relief as has been requested by the Private Party and agreed between the Parties or decided pursuant to clause [insert36]; and/or the Project Term may be extended for a period of time that is equal to the period of time for which the Relief Event endured, provided that: the Private Party has used its reasonable endeavours to mitigate its losses; the Private Party has used reasonable endeavours to fund find the financial consequences of the Relief Event on the Project, out of other sources and resources, and has been unsuccessful; the Relief Event and its consequences are both uninsureableuninsurable, other than as a result of any act or omission of the Private Party and/or and or its Subcontractors; the Relief Event prevents the undertaking or performance of all or the majority of the Works or the Operation and Maintenance; and no compensation of any nature is payable by the Institution. For the avoidance of doubt, nothing in this clause shall impose any duty or obligation on the Institution to supplement or underwrite any revenue losses or costs of the Private Party arising out of a Relief Event. If the information required by clause above is provided after the dates referred to in that clause, then the Private Party shall not be entitled to any relief during the period for which the information is delayed. The Private Party shall notify the Institution if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted materially inaccurate or misleading. In the event of a Relief Event stipulated in clause 1.66.6 that continues for a period in excess of 180 [x] days, the Parties shall meet in order to find a mutually satisfactory solution for dealing with such prolonged Relief Event. If the Parties cannot agree the extent of the relief required, or the Institution disagrees that a Relief Event has occurred or that the Private Party is entitled to [any extension of the Scheduled Operation Commencement Date and/or relief from other obligations under this PPP Agreement], the Parties shall resolve the matter in accordance with clause 2736.

Consequences of a Relief Event. 46.1 If and to the extent that a Relief Event: : 46.1.1 directly causes a delay in the Operation Commencement DateService Commencement; and/or and/ or 46.1.2 materially adversely affects the ability of the Private Party to perform any of its obligations under this PPP Agreement, then the Private Party shall be entitled to apply for relief from any rights of the Institution Municipality arising under clause 23. 59 (Termination for Private Party Default) or in respect of Deductions and shall, in the case of clause 46.1.2, continue to receive the Unitary Payment. 46.2 To obtain relief, the Private Party must: : 46.2.1 as soon as practicable, and in any event within 21 days ten (10) Business Days after it became aware that the Relief Event has caused or is likely to cause delay and/or materially adversely affect the ability of the Private Party to perform its other obligations, give to the Institution Municipality a notice of its claim for relief from its obligations under this PPP Agreement, including full details of the nature of the Relief Event, the date of occurrence and its likely duration; ; 46.2.2 within 7 days twenty (20) Business Days of receipt by the Institution Municipality of the notice referred to in clause 46.2.1 above, give full details of the relief claimed; and and 46.2.3 demonstrate to the reasonable satisfaction of the Institution Municipality that: : (a) the Private Party and its Subcontractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; ; (b) the Relief Event directly caused was the primary cause of the delay to the Operation Scheduled Service Commencement Date or the need for relief from other obligations under this PPP Agreement; ; (c) the time lost and/or relief from the obligations under this PPP Agreement claimed could not reasonably be expected to be mitigated or recovered by the Private Party acting in accordance with Good Industry Practice, without incurring material expenditure; and and (d) the Private Party is using reasonable endeavours to perform its obligations under this PPP Agreement. If . 46.3 In the event that the Private Party has complied with its obligations under clause 46.2 above, then: : 46.3.1 the Operation Scheduled Service Commencement Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay, provided that ; and/or 46.3.2 the Minimum PPP Fee shall continue to be paid from the original Operation Commencement Date; the Institution Municipality shall not be entitled to exercise its rights to terminate the this PPP Agreement under clause 23 [59 (Termination for Private Party Default) and, subject to clause 46.4 below, shall give such other relief as has been requested by the Private Party and agreed between the Parties or decided pursuant to clause [insert]; and/or the Project Term may be extended for a period of time that is equal 78 (Fast-track Dispute Resolution). 46.4 Nothing in clause 46.3 above shall affect any entitlement to make Penalty Deductions or any deductions made in accordance with PART 9: PAYMENT AND FINANCIAL MATTERS during the period of time for in which the Relief Event endured, provided that: is subsisting where the Private Party has used its reasonable endeavours right to mitigate its losses; make deductions arose prior to the Private Party has used reasonable endeavours to fund the financial consequences happening of the Relief Event on Event. 46.5 In the Project, out of other sources and resources, and has been unsuccessful; the Relief Event and its consequences are both uninsureable, other than as a result of any act or omission of the Private Party and/or its Subcontractors; the Relief Event prevents the undertaking or performance of all or the majority of the Works or the Operation and Maintenance; and no compensation of any nature is payable by the Institution. For the avoidance of doubt, nothing in this clause shall impose any duty or obligation on the Institution to supplement or underwrite any revenue losses or costs of the Private Party arising out of a Relief Event. If the event that information required by clause 46.2 above is provided after the dates referred to in that clause, then the Private Party shall not be entitled to any relief during the period for which the information is delayed. . 46.6 The Private Party shall notify the Institution Municipality if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted materially inaccurate or misleading. . 46.7 In the event of a Relief Event as defined in clause 1.129 that continues for a period in excess of 180 one hundred and eighty (180) days, the Parties shall meet in order to find a mutually satisfactory solution for dealing with such prolonged Relief Event. . 46.8 If the Parties cannot agree on the extent of the relief required, or the Institution Municipality disagrees that a Relief Event has occurred or that the Private Party is entitled to any extension of the Operation Scheduled Service Commencement Date and/or relief from other obligations under this PPP Agreement, the Parties shall resolve the matter in accordance with clause 2778 (Fast-track Dispute Resolution).

Consequences of a Relief Event. 18.1 If and to the extent that a Relief Event: directly causes : (a) is the direct cause of a delay in the Operation achievement of the Service Commencement DateDate or failure to meet any other contractual deadline set out in this Contract; and/or materially and/or (b) adversely affects the ability of the Private Party Contractor to perform any of its other obligations under this AgreementContract, then the Private Party shall be Contractor is entitled to apply for relief from any rights of the Institution Council arising under clause 23. 51 (Termination on Contractor Default). 18.2 To obtain relief, the Private Party Contractor must: : (a) as soon as practicable, and in any event within 21 days ten (10) Business Days after it became becomes aware that the Relief Event has caused or is likely to cause delay and/or materially adversely affect the ability of the Private Party Contractor to perform its other obligations, obligations under this Contract give to the Institution Council a notice of its claim for relief from its obligations under this PPP AgreementContract, including full details of the nature of the Relief Event, the date of occurrence and its likely duration; ; (b) within 7 days five (5) Business Days of receipt by the Institution Council of the notice referred to in clause 18.2(a) above, give full all material details of the relief claimed; and claimed to the Council; (c) demonstrate to the reasonable satisfaction of the Institution Council that: : (i) the Private Party Contractor (and during the term of the Core Services Contract, the Core Services Contractor) and its Subcontractors Sub-Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; ; (ii) the Relief Event directly caused the delay to the Operation Service Commencement Date or the need for relief from failure to meet any other obligations under contractual deadline set out in this PPP Agreement; Contract; (iii) the time lost and/or relief from the obligations under this PPP Agreement Contract claimed could not reasonably be expected to be mitigated or recovered by the Private Party Contractor acting in accordance with Good Industry Practice, without incurring material expenditure; and and (iv) the Private Party Contractor is using reasonable endeavours to perform its obligations under this PPP Agreement. If Contract. 18.3 In the Private Party event that the Contractor has complied with its obligations under clause 18.2 above, then: : (a) the Operation Commencement Date Longstop Date, shall be postponed extended by such time as shall be fair and reasonable for such a Relief Event, taking into account the likely effect of delay, provided that ; and (b) the Minimum PPP Fee shall continue to be paid from the original Operation Commencement Date; the Institution Council shall not be entitled to exercise its rights to terminate the Agreement this Contract under clause 23 [and, subject 51 (Termination on Contractor Default) in respect of consequences arising directly from the Relief Event. 18.4 Nothing in clause 18.3 above shall affect the operation of clauses 16.5 to clause below, shall give such other relief as has been requested by 16.8 and any entitlement to levy Performance Deductions or record instances of the Private Party and agreed between the Parties or decided pursuant to clause [insert]; and/or the Project Term may be extended for a period breach of time that is equal to KPI(s) during the period of time for in which the Relief Event enduredis subsisting, provided that: that the Private Party has used its reasonable endeavours Council shall not be entitled to mitigate its losses; levy any such Performance Deductions to the Private Party has used reasonable endeavours to fund the financial consequences extent a Relief Event occurs as described in limb (g) of the Relief Event on definition. 18.5 In the Project, out of other sources and resources, and has been unsuccessful; the Relief Event and its consequences are both uninsureable, other than as a result of any act or omission of the Private Party and/or its Subcontractors; the Relief Event prevents the undertaking or performance of all or the majority of the Works or the Operation and Maintenance; and no compensation of any nature is payable by the Institution. For the avoidance of doubt, nothing in this clause shall impose any duty or obligation on the Institution to supplement or underwrite any revenue losses or costs of the Private Party arising out of a Relief Event. If the event that information required by clause 18.2 above is provided after the dates referred to in that clauseto, then the Private Party Contractor shall not be entitled to any relief during in respect of the period for which the information is delayed. . 18.6 The Private Party Contractor shall notify the Institution Council and the Nominated Officer if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted materially inaccurate or misleading. In the event of a Relief Event that continues for a period in excess of 180 days, the Parties shall meet in order to find a mutually satisfactory solution for dealing with such prolonged Relief Event. . 18.7 If the Parties cannot agree the extent of the relief required, or the Institution Council disagrees that a Relief Event has occurred or that the Private Party Contractor is entitled to any extension of the Operation Commencement Date and/or relief from other obligations under this PPP Agreementclause, the Parties shall resolve the matter in accordance with clause 2771 (Dispute Resolution Procedure).

Consequences of a Relief Event. 46.1 If and to the extent that a Relief Event: : 46.1.1 directly causes a delay in the Operation Commencement DateService Commencement; and/or and/ or 46.1.2 materially adversely affects the ability of the Private Party to perform any of its obligations under this PPP Agreement, then the Private Party shall be entitled to apply for relief from any rights of the Institution Municipality arising under clause 23. 59 (Termination for Private Party Default) or in respect of Deductions and shall, in the case of clause 46.1.2, continue to receive the Unitary Payment. 46.2 To obtain relief, the Private Party must: : 46.2.1 as soon as practicable, and in any event within 21 days ten (10) Business Days after it became aware that the Relief Event has caused or is likely to cause delay and/or materially adversely affect the ability of the Private Party to perform its other obligations, give to the Institution Municipality a notice of its claim for relief from its obligations under this PPP Agreement, including full details of the nature of the Relief Event, the date of occurrence and its likely duration; ; 46.2.2 within 7 days twenty (20) Business Days of receipt by the Institution Municipality of the notice referred to in clause 46.2.1 above, give full details of the relief claimed; and and 46.2.3 demonstrate to the reasonable satisfaction of the Institution Municipality that: : (a) the Private Party and its Subcontractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; ; (b) the Relief Event directly caused was the primary cause of the delay to the Operation Scheduled Service Commencement Date or the need for relief from other obligations under this PPP Agreement; ; (c) the time lost and/or relief from the obligations under this PPP Agreement claimed could not reasonably be expected to be mitigated or recovered by the Private Party acting in accordance with Good Industry Practice, without incurring material expenditure; and and (d) the Private Party is using reasonable endeavours to perform its obligations under this PPP Agreement. If . 46.3 In the event that the Private Party has complied with its obligations under clause 46.2 above, then: : 46.3.1 the Operation Scheduled Service Commencement Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay, provided that ; and/or 46.3.2 the Minimum PPP Fee shall continue to be paid from the original Operation Commencement Date; the Institution Municipality shall not be entitled to exercise its rights to terminate the this PPP Agreement under clause 23 [59 (Termination for Private Party Default) and, subject to clause 46.4 below, shall give such other relief as has been requested by the Private Party and agreed between the Parties or decided pursuant to clause [insert]; and/or the Project Term may be extended for a period of time that is equal 78 (Fast-track Dispute Resolution). 46.4 Nothing in clause 46.3 above shall affect any entitlement to make Penalty Deductions or any deductions made in accordance with PART 9: PAYMENT AND FINANCIAL MATTERS during the period of time for in which the Relief Event endured, provided that: is subsisting where the Private Party has used its reasonable endeavours right to mitigate its losses; make deductions arose prior to the Private Party has used reasonable endeavours to fund the financial consequences happening of the Relief Event on Event. 46.5 In the Project, out of other sources and resources, and has been unsuccessful; the Relief Event and its consequences are both uninsureable, other than as a result of any act or omission of the Private Party and/or its Subcontractors; the Relief Event prevents the undertaking or performance of all or the majority of the Works or the Operation and Maintenance; and no compensation of any nature is payable by the Institution. For the avoidance of doubt, nothing in this clause shall impose any duty or obligation on the Institution to supplement or underwrite any revenue losses or costs of the Private Party arising out of a Relief Event. If the event that information required by clause 46.2 above is provided after the dates referred to in that clause, then the Private Party shall not be entitled to any relief during the period for which the information is delayed. . 46.6 The Private Party shall notify the Institution Municipality if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted materially inaccurate or misleading. . 46.7 In the event of a Relief Event as defined in clause 1.127 that continues for a period in excess of 180 one hundred and eighty (180) days, the Parties shall meet in order to find a mutually satisfactory solution for dealing with such prolonged Relief Event. . 46.8 If the Parties cannot agree on the extent of the relief required, or the Institution Municipality disagrees that a Relief Event has occurred or that the Private Party is entitled to any extension of the Operation Scheduled Service Commencement Date and/or relief from other obligations under this PPP Agreement, the Parties shall resolve the matter in accordance with clause 2778 (Fast-track Dispute Resolution).