Delay Event. (1) This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that fact, promptly.
(5) When the Suspension Period ends, whether notice under clause 6.3(4) has been given or not, either party may give the other party a Notice to Settle.
(6) A Notice to Settle must be in writing and state:
(a) that the Suspension Period has ended;
(b) a date, being not less than 5 nor more than 10 Business Days after the date the Notice to Settle is given, which shall become the Settlement Date; and
(c) that time is of the essence.
(7) When Notice to Settle is given, time is again of the essence of the contract.
(8) In this clause 6.3:
Delay Event. (1) This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or Buyer; or
(b) termination or variation of any agreement between a party and another person whether relating to the provision of finance, the release of an Encumbrance, the sale or purchase of another property or otherwise.
(2) Time for the performance of the parties' Settlement Obligations is suspended and ceases to be of the essence of the contract and the parties are deemed not to be in breach of their Settlement Obligations.
(3) An Affected Party must take reasonable steps to minimise the effect of the Delay Event on its ability to perform its Settlement Obligations.
(4) When an Affected Party is no longer prevented from performing its Settlement Obligations due to the Delay Event, the Affected Party must give the other party a notice of that
Delay Event. In the event that either party’s operations and/or its ability to fulfil obligations under this Agreement are impacted due to an epidemic or pandemic (including COVID-19 or any subsequent strains thereof), either as a result of: any applicable government implemented advice, rule, order or legislation and/or capacity restrictions; or a decision or request by the Funder (if any), and/or as a result of the Funder Agreement (if any) being impacted, due to the epidemic or pandemic; or reasonable measures taken by the British Council, the Recipient and/or the Recipient’s Team to protect the health and safety interests of its personnel; or otherwise.
Delay Event. (1) This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of
(1) covenants by the Tenants under the Tenancies;
(2) guarantees and Bonds (subject to the requirements of the Residential Tenancies and Rooming Accommodation Act 2008) supporting the Tenancies; a Delay Event but does not apply where the inability is attributable to:
(a) damage to, destruction of or diminution in value of the Property or other property of the Seller or
(4) manufacturer’s warranties regarding the Included Chattels; and builders’ warranties on the Improvements; Buyer; or
Delay Event. 11.1 In the event that either party’s operations and/or its ability to fulfil obligations under this Agreement are impacted due to an epidemic or pandemic (including COVID-19 or any subsequent strains thereof), either as a result of:
11.1.1 any applicable government implemented advice, rule, order or legislation and/or capacity restrictions; or
11.1.2 a decision or request by the Funder (if any), and/or as a result of the Funder Agreement (if any) being impacted, due to the epidemic or pandemic; or
11.1.3 reasonable measures taken by the British Council, the Recipient and/or the Recipient’s Team to protect the health and safety interests of its personnel; or
11.1.4 otherwise. (a “Delay Event”) the impacted party shall notify the other party of the Delay Event as soon as practicable of the effect this may have upon its obligations hereunder. The parties will negotiate in good faith to vary the Agreement to provide and agree revisions to and/or alternative ways of delivering the activities detailed in the Project Proposal in an appropriate manner. This may include modifications with respect to the Grant, the Project activities and timelines where appropriate.
11.2 In the event the parties cannot within a reasonable period agree upon the terms for the continuation of the Project (with or without modification) while the Delay Event continues to have an impact on either party, the British Council may:
11.2.1 suspend the Project for 30 days by giving written notice to the Recipient (the “Suspension Period”). The Suspension Period may be extended by the British Council for a further 30 days. In the event of such suspension, the British Council shall pay to the Recipient the instalment or element of the Grant that is due as at the start date of the Suspension Period and in respect of which the relevant Project activity has been completed; and/or
11.2.2 notwithstanding the provisions of clause 11 at any time, (including, if there has been a Suspension Period as provided in clause 11.2.1 above, during or at the end of that Suspension Period) terminate this Agreement without liability, with immediate effect.
11.3 The British Council shall not be liable for:
11.3.1 any of the Grant that would otherwise have been payable; or
11.3.2 any other costs incurred by the Recipient. In each case, during the Suspension Period or on termination pursuant to clause 11.2.2 above.
11.4 For the avoidance of doubt, the COVID-19 pandemic and the effects of any variant strain of the COVI...
Delay Event. (a) Upon a Delay Event the Planned Availability Date will be extended by the addition of a period equal to the duration of the Critical Delay insofar as the Contractor is not required to make up for this Critical Delay by applying paragraph (b). The Contractor must adapt the Project Planning accordingly.
(b) If, in the case of a Delay Event, the Contractor can make up for the Critical Delay or part of it while incurring a Financial Loss, the Contractor must do so at the request of the Contracting Authority.
(c) On the occurrence of a Delay Event the Contracting Authority must pay the Contractor compensation in accordance with Schedule 3 (Compensation for Supervening Events), paragraph 1 (Delayed Completion Event). The previous sentence shall not apply in the case of a Delay Event as referred to under (c) of the definition thereof.
Delay Event. This clause 6.3 applies if a party is unable to perform
Delay Event. This clause 6.3 applies if a party is unable to perform a Settlement Obligation solely as a consequence of remains unable to perform a Settlement Obligation solely as a consequence of a Delay Event.
Delay Event. (a) If a Delay Event occurs, the Scheduled Availability Date will be extended by the addition of a period equal to the duration of the Critical Delay, insofar as the Contractor is not required to make up for this Critical Delay by applying Paragraph (b). The Contractor must adapt the Project Planning accordingly.
(b) If, in the event of a Delay Event, the Contractor can make up for all or part of the Critical Delay by incurring a Financial Disadvantage, the Contractor must do so at the request of the Contracting Authority.
(c) In the event of a Delay Event, the Contracting Authority must pay the Contractor compensation in accordance with Section 1 (Delay Event) of Schedule 3 (
Delay Event. 12.1 In the event that either party’s operations and/or its ability to fulfil obligations under this Agreement and/or Order Contract are impacted due to an epidemic or pandemic (including COVID-19 or any subsequent strains thereof), either as a result of:
12.2 i) any applicable government implemented advice, rule, order or legislation and/or capacity restrictions; or