Definition of Delay Event Sample Clauses

Definition of Delay Event. (a) Subject to paragraph (b), a “Delay Event” is any:‌ (i) Change in Law; (ii) failure by EnergyCo to comply with its obligations under this agreement; (iii) failure by the Network Operator to perform any NO Activity, including failure by the Network Operator to achieve: (A) Network Operator Financial Close by the Network Operator Financial Close Sunset Date; (B) Infrastructure Completion by the Target Infrastructure Completion Date; or (C) Network Operator Commissioning Readiness by the Target Network Operator Commissioning Readiness Date; (iv) amendment of the Network Operator Financial Close Sunset Date as notified to Access Right Holder under clause 6.1(a)(i); (v) delay in the Network Operator performing any NO Activity; or (vi) other event or circumstance, or combination of events or circumstances, that are not within the reasonable control of Access Right Holder, occurring after the Signing Date and that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, but only to the extent that such event actually delays Access Right Holder from achieving a Milestone. (b) For the purposes of paragraph (a), the following do not constitute a Delay Event:‌ (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of Access Right Holder (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a failure by Access Right Holder to hold sufficient stock of spares, except to the extent it is itself caused by a Delay Event; (iii) any event or circumstance arising due to a failure by Access Right Holder, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (iv) strikes, industrial disputes or other industrial actions or disruption that only affect Access Right Holder; and (v) any removal by the Network Operator of Access Right Holder from a Concurrent Processing Group in accordance with the NER.‌
Sample 1
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Definition of Delay Event. (a) Subject to paragraph (b), a “Delay Event” is any:‌ (i) Change in Law; (ii) failure by EnergyCo to comply with its obligations under this agreement; (iii) failure by the Network Operator to perform any NO Activity, including failure by the Network Operator to achieve Infrastructure Completion by the Target Infrastructure Completion Date; (iv) delay in the Network Operator performing any NO Activity; or (v) other event or circumstance, or combination of events or circumstances, that are not within the reasonable control of Access Right Holder, occurring after the Signing Date and that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, but only to the extent that such event actually delays Access Right Holder from achieving a Milestone. (b) For the purposes of paragraph (a), the following do not constitute a Delay Event:‌ (i) any event to the extent caused or contributed to by Access Right Holder, including any failure by Access Right Holder to comply with this agreement (other than as a direct result of a Change in Law); (ii) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of Access Right Holder (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (iii) a failure by Access Right Holder to hold sufficient stock of spares, except to the extent it is itself caused by a Delay Event; (iv) any event or circumstance arising due to a failure by Access Right Holder, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; (v) strikes, industrial disputes or other industrial actions or disruption that only affect Access Right Holder; and (vi) any relegation by the Network Operator of Access Right Holder to a later Concurrent Processing Group in accordance with the NER.‌
Sample 1
Definition of Delay Event. (a) Subject to paragraph (b)(b), a “Delay Event” is any: (i) Change in Law; (ii) failure by EnergyCo to comply with its obligations under this agreement; (iii) failure by Transgrid to satisfactorily perform any Transgrid Activity, including failure by Transgrid to achieve Network Readiness by the Expected Network Readiness Date; (iv) delay in Transgrid performing any Transgrid Activity; or (v) other event or circumstance, or combination of events or circumstances, that are not within the reasonable control of Access Right Holder, occurring after the Signing Date and that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, but only to the extent that such event actually delays Access Right Holder from achieving a Milestone. (b) For the purposes of paragraph (a)(a), the following do not constitute a Delay Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of Access Right Holder (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a failure by Access Right Holder to hold sufficient stock of spares, except to the extent it is itself caused by a Delay Event; (iii) any event or circumstance arising due to a failure by Access Right Holder, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; and (iv) strikes, industrial disputes or other industrial actions or disruption that only affect Access Right Holder.
Sample 1
Definition of Delay Event. (a) Subject to paragraph (b), a “Delay Event” is any: (i) Change in Law; (ii) failure by EnergyCo to comply with its obligations under this agreement; (iii) failure by Transgrid to satisfactorily perform any Transgrid Activity, including failure by Transgrid to achieve Network Readiness by the Expected Network Readiness Date; (iv) delay in Transgrid performing any Transgrid Activity; or (v) other event or circumstance, or combination of events or circumstances, that are not within the reasonable control of Access Right Holder, occurring after the Signing Date and that Access Right Holder could not have avoided through the exercise of reasonable care, compliance with its obligations under this agreement and Good Industry Practice, but only to the extent that such event actually delays Access Right Holder from achieving a Milestone. (b) For the purposes of paragraph (a), the following do not constitute a Delay Event: (i) lack of funds, financial hardship, failure or inability of any person to pay any sum due and payable, or the inability of Access Right Holder (or any of its Related Bodies Corporate) to obtain financing or insurance or to profit or achieve a satisfactory rate of return; (ii) a failure by Access Right Holder to hold sufficient stock of spares, except to the extent it is itself caused by a Delay Event; (iii) any event or circumstance arising due to a failure by Access Right Holder, any of its Related Bodies Corporate or any of their respective employees, agents or subcontractors to properly maintain any equipment, property or asset in accordance with Good Industry Practice; and (iv) strikes, industrial disputes or other industrial actions or disruption that only affect Access Right Holder.
Sample 1

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