Delay Event Notice Clause Samples
Delay Event Notice. 14.2.1 The Delay Event Notice must include and must provide sufficient evidence demonstrating the following:
14.2.1.1 a detailed description of the Delay Event and the circumstances from which the Delay Event arises;
14.2.1.2 for any Delay Event caused directly and substantially by the City’s breach of this Development Agreement (a “City Caused Delay Event”), a reasonable estimate of the Developer’s expected losses, costs, expenses and damages incurred in connection with such City Caused Delay Event;
14.2.1.3 sufficient evidence of, or certification by the Developer that the Delay Event (i) had not been known to any Lead Developer Party on, or prior to, the Agreement Date and was otherwise unavoidable and incapable of being predicted as of the Agreement Date and (ii) could not be reasonably mitigated by any Lead Developer Party using Good Industry Practice to mitigate the effects of such Delay Event; and
14.2.1.4 an estimate of the duration of the delay in the performance of the Developer’s obligations pursuant to this Development Agreement attributable to such Delay Event and information in support thereof, if known at that time, provided that in the event such information is not known at the time of the Delay Event Notice, such notice will be resubmitted within twenty one (21) Days of the original Delay Event Notice to include such information. The Developer will also provide such further information relating to the Delay Event as the City may reasonably require. The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.
Delay Event Notice. If the Lessee elects to exercise the right to the Delay Event Remedy, the Lessee shall give notice (“Delay Event Notice”) to the Authority within 30 days following the date on which the Lessee first became aware of its right to the Delay Event Remedy setting forth (i) the details of the Delay Event and its effect on either causing physical damage or destruction to the LMM Airport Facility that results in the LMM Airport Facility being substantially unavailable for Airport Purposes or suspending airport fee collection at the LMM Airport Facility and (ii) the amount claimed as compensation to restore the Lessee to the same economic position in which it would have been had such Delay Event not occurred (including the details of the calculation thereof). The Authority shall, after receipt of the Delay Event Notice, be entitled by notice to require the Lessee to provide such further supporting information as the Authority may reasonably consider necessary. If the Authority wishes to dispute the occurrence of a Delay Event or the Delay Event Remedy claimed in the Delay Event Notice, the Authority shall give notice of dispute (the “Delay Event Dispute Notice”) to the Lessee within 30 days following the date of receipt of the Delay Event Notice stating the grounds for such dispute, and if neither the Delay Event Notice nor the Delay Event Dispute Notice has been withdrawn within 30 days following the date of receipt of the Delay Event Dispute Notice by the Lessee, the matter shall be submitted to the dispute resolution procedure in Article 19.
Delay Event Notice. (i) If the Developer is affected by a Delay Event, it will give written notice to the LA DOTD as promptly as possible following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event; provided that in the case of the same Delay Event being a continuing cause of delay, only one notice will be necessary (“Delay Event Notice”). If any Delay Event Notice is delivered later than 10 days after the Developer first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event, the Developer shall be deemed to have waived the right to any relief related to the event or situation prior to the date of delivery of the Delay Event Notice. The Developer’s failure to provide a Delay Event Notice within 30 days after the Developer first became aware (or should have become aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Delay Event shall preclude the Developer from any relief related to the event or situation.
(ii) Such Delay Event Notice will include (i) a detailed description of the Delay Event, (ii) details of the circumstances from which the Delay Event arises, and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such Delay Event and information in support thereof, if known at that time. In the event the information required under clauses (ii) and (iii) of this Section 12.01(a) is not known at the time of the Delay Event Notice, such information will be included with the Developer’s claim submitted in accordance with Section 12.01(b)(i). The Developer will also provide such further information relating to the Delay Event as the LA DOTD may reasonably require. The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.