Common use of Delay Event Notice and Determination Clause in Contracts

Delay Event Notice and Determination. 12.5.1.1 If Contractor is affected by a CA Delay Event, it will give written notice to Concessionaire within twenty (20) days following the date on which Contractor 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 CA Delay Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreement. 12.5.1.2 Subject to Sections 12.14 and 12.15, if for any reason Contractor fails to deliver a CA Delay Event Notice within such twenty (20)-day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty (20) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Appears in 2 contracts

Samples: Design Build Contract, Design Build Contract

AutoNDA by SimpleDocs

Delay Event Notice and Determination. 12.5.1.1 ‌ (a) If Contractor the Developer is affected by a CA Delay Event, it will give written notice to Concessionaire the Department within twenty (20) days 21 Days following the date on which Contractor the Developer first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the the‌ delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 In the event (ii) and 12.15, Concessionaire shall submit a “(iii) above are not known at the time of the Delay Event Notice” under Section 13.01 , such notice will be resubmitted within 21 Days of the Comprehensive Agreement based on the CA original Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractorinclude such information. Contractor The Developer will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor The Developer will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject (b) Written Claim and Department Response.‌ (i) Within 21 Days following the date on which the Developer first became aware (or should have become aware, using all reasonable due diligence) that a Delay Event has ceased, the Developer will submit a claim in writing to Sections 12.14 and 12.15the Department requesting the relief, if any, the Developer seeks as a result of the Delay Event. The written claim must state the date on which the Delay Event ceased. After submitting its written claim, the Developer will provide any additional information relating to the Delay Event that the Department may reasonably require. (ii) If the written claim seeks monetary relief (because the Delay Event is also a Compensation Event), the written claim will be treated as a Compensation Event Notice and the parties will proceed under Section 14.01(a)(iii). (iii) If the written claim seeks only non-monetary relief then, within 45 Days of receiving the Developer’s written claim, the Department will issue a written response granting or denying, in full or in part, the Developer’s claim. If the Department fails to respond within the 45-Day period, the claim will be deemed denied. Thereafter, if there is a dispute relating to the Department’s response, or failure to respond, either party will be entitled to refer the matter to the dispute resolution procedures in Article 21 within 30 Days of the denial or deemed denial, otherwise, the claim will be extinguished and forever barred. (c) The Developer’s complete compliance with Section 13.01(a) and Section 13.01 are conditions precedent to filing a claim for a Delay Event. If for any reason Contractor the Developer fails to deliver a CA Delay Event Notice within such twenty (20)-day 21-Day period, Contractor the Developer will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty (20) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

Delay Event Notice and Determination. 12.5.1.1 (a) If Contractor the Concessionaire is affected by a CA Delay Event, it will give written notice to Concessionaire the Department within twenty (20) days 30 Days following the date on which Contractor the Concessionaire first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, The Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor The Concessionaire will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject to Sections 12.14 and 12.15, if (b) If for any reason Contractor the Concessionaire fails to deliver a CA Delay Event Notice within such twenty (20)-day 30-Day period, Contractor the Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 (c) Upon the occurrence of a CA Delay Event, Contractor the Concessionaire will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor The Concessionaire will promptly deliver to Concessionaire the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor The Concessionaire will notify the Concessionaire Department within twenty (20) days 30 Days following the date on which it first became aware (or should have become aware aware, using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 (d) Notwithstanding the occurrence of a CA Delay Event, Contractor the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor the Concessionaire from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities)Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 (e) Subject to Contractor’s the Concessionaire giving the notice required in SectionSection 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Appears in 1 contract

Samples: Comprehensive Agreement

Delay Event Notice and Determination. 12.5.1.1 If Contractor is affected by a CA Delay Event, it will give written notice to Concessionaire within twenty fifteen (2015) days following the date on which Contractor 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 CA Delay Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based Based on the CA Delay Event Notice submitted provided by Contractor hereunder and thereafter to Concessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreement. 12.5.1.2 Subject to Sections 12.14 and 12.15, if If for any reason Contractor fails to deliver a CA Delay Event Notice within such twenty fifteen (20)-day 15) day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty fifteen (2015) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Appears in 1 contract

Samples: Turnkey Lump Sum Design Build Contract

Delay Event Notice and Determination. 12.5.1.1 (a) If Contractor the Developer is affected by a CA Delay EventEvent (other than a Department-Caused Delay), it will give written notice to Concessionaire the Department within twenty (20) days seven Days following the date on which Contractor the Developer first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 In the event (ii) and 12.15, Concessionaire shall submit a “(iii) above are not known at the time of the Delay Event Notice” under Section 13.01 , such notice will be resubmitted within 30 Days of the Comprehensive Agreement based on the CA original Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractorinclude such information. Contractor The Developer will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor The Developer will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject (b) If the Developer is affected by a Department-Caused Delay, it will give written notice to Sections 12.14 and 12.15, if for any reason Contractor fails to deliver a CA Delay Event Notice the Department within such twenty (20)-day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. 12.5.1.3 Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty (20) days three Days following the date on which it the Developer first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a Department-Caused Delay, (provided, that in the case of the same Department-Caused Delay being a continuing cause of delay, only one notice will be necessary) (a “Department-Caused Delay Notice”). Such Department-Caused Delay Notice will include (i) a detailed description of the Department-Caused Delay, (ii) details of the circumstances from which the Department-Caused Delay arises and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such a CA Department-Caused Delay Event has ceased. 12.5.1.4 Notwithstanding and information in support thereof, if known at that time. The Developer will also provide such further information relating to the Department-Caused Delay as the Department may reasonably require. The Developer will bear the burden of proving the occurrence of a CA Department-Caused Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Eventresulting impacts. 12.5.1.5 Subject to Contractor’s giving the notice required in Section

Appears in 1 contract

Samples: Comprehensive Agreement

Delay Event Notice and Determination. 12.5.1.1 If Contractor is affected by a CA Delay Event, it will give written notice to Concessionaire within twenty fifteen (2015) days following the date on which Contractor 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 CA Delay Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based Based on the CA Delay Event Notice submitted provided by Contractor hereunder and thereafter to Concessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreement. 12.5.1.2 Subject to Sections 12.14 and 12.15, if . If for any reason Contractor fails to deliver a CA Delay Event Notice within such twenty fifteen (20)-day 15) day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. 12.5.1.3 . Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty fifteen (2015) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 . Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 . Subject to Contractor’s giving the notice required in SectionSection 1 2.5.1.1 and to the provisions of Section 12.5.2, but solely to the extent performance by Concessionaire is excused by the Department under the Comprehensive Agreement, a CA Delay Event will result in an extension of the Xxxx Ex Guaranteed Final Completion Date, and the Xxxx Ex Guaranteed Service Commencement Date and the TTMS Work Schedule shall be adjusted accordingly. All changes to the Xxxx Ex Guaranteed Final Completion Date or the Xxxx Ex Guaranteed Service Commencement Date and conforming changes to the TTMS Work Schedule shall be reflected in a Scope Change Order entered into pursuant to Section 12.1.

Appears in 1 contract

Samples: Turnkey Lump Sum Design Build Contract

Delay Event Notice and Determination. 12.5.1.1 (a) If Contractor the Concessionaire is affected by a CA Delay Event, it will give written notice to Concessionaire the Department within twenty (20) days 30 Days following the date on which Contractor the Concessionaire first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, The Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the EXECUTION VERSION – DECEMBER 5, 2011 Department may reasonably require. Contractor The Concessionaire will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject to Sections 12.14 and 12.15, if (b) If for any reason Contractor the Concessionaire fails to deliver a CA Delay Event Notice within such twenty (20)-day 30-Day period, Contractor the Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 (c) Upon the occurrence of a CA Delay Event, Contractor the Concessionaire will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor The Concessionaire will promptly deliver to Concessionaire the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor The Concessionaire will notify the Concessionaire Department within twenty (20) days 15 Days following the date on which it first became aware (or should have become aware aware, using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 (d) Notwithstanding the occurrence of a CA Delay Event, Contractor the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor the Concessionaire from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities)Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 (e) Subject to Contractor’s the Concessionaire giving the notice required in SectionSection 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Appears in 1 contract

Samples: Comprehensive Agreement

AutoNDA by SimpleDocs

Delay Event Notice and Determination. 12.5.1.1 (a) If Contractor the Concessionaire is affected by a CA Delay Event, it will give written notice to Concessionaire the Department within twenty (20) days 30 Days following the date on which Contractor the Concessionaire first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, The Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor The Concessionaire will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject to Sections 12.14 and 12.15, if (b) If for any reason Contractor the Concessionaire fails to deliver a CA Delay Event Notice within such twenty (20)-day 30-Day period, Contractor the Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 (c) Upon the occurrence of a CA Delay Event, Contractor the Concessionaire will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor The Concessionaire will promptly deliver to Concessionaire the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor The Concessionaire will notify the Concessionaire Department within twenty (20) days 15 Days following the date on which it first became aware (or should have become aware aware, using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 (d) Notwithstanding the occurrence of a CA Delay Event, Contractor the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor the Concessionaire from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities)Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 (e) Subject to Contractor’s the Concessionaire giving the notice required in SectionSection 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Appears in 1 contract

Samples: Comprehensive Agreement

Delay Event Notice and Determination. 12.5.1.1 If Contractor is affected by a CA Delay Event, it will give written notice to Concessionaire within twenty fifteen (2015) days following the date on which Contractor 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 CA Delay Event (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based Based on the CA Delay Event Notice submitted provided by Contractor hereunder and thereafter to Concessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require. Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreement. 12.5.1.2 Subject to Sections 12.14 and 12.15, if . If for any reason Contractor fails to deliver a CA Delay Event Notice within such twenty fifteen (20)-day 15) day period, Contractor will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement. 12.5.1.3 . Upon the occurrence of a CA Delay Event, Contractor will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will promptly deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor will notify the Concessionaire within twenty fifteen (2015) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 . Notwithstanding the occurrence of a CA Delay Event, Contractor will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 . Subject to Contractor’s giving the notice required in Section

Appears in 1 contract

Samples: Turnkey Lump Sum Design Build Contract

Delay Event Notice and Determination. 12.5.1.1 (a) If Contractor the Concessionaire is affected by a CA Delay Event, it will give written notice to Concessionaire the Department within twenty (20) days 30 Days following the date on which Contractor the Concessionaire first became aware (or should have become aware aware, using all reasonable due diligence) that an event has occurred and that it is or will become a CA Delay Event Event, (provided, that in the case of the same CA Delay Event being a continuing cause of delay, only one notice will be necessary) (a “CA Delay Event Notice”). Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: include (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA 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 CA Delay Event and information in support thereof, if known at that time. Subject to Sections 12.14 and 12.15, The Concessionaire shall submit a “Delay Event Notice” under Section 13.01 of the Comprehensive Agreement based on the CA Delay Event Notice submitted by Contractor hereunder and thereafter assert its rights under the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor. Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the 115 DMEAST #27287336 v26 Department may reasonably require. Contractor The Concessionaire will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreementimpacts. 12.5.1.2 Subject to Sections 12.14 and 12.15, if (b) If for any reason Contractor the Concessionaire fails to deliver a CA Delay Event Notice within such twenty (20)-day 30-Day period, Contractor the Concessionaire will be deemed to have irrevocably and forever waived and released any Claim or right to time extensions or any other relief with respect to such CA Delay Event pursuant to this Agreement or any Project Agreement. 12.5.1.3 (c) Upon the occurrence of a CA Delay Event, Contractor the Concessionaire will promptly undertake efforts to mitigate the effects of such CA Delay Event, including all steps that would generally be taken in accordance with Good Industry Practice. Contractor The Concessionaire will promptly deliver to Concessionaire the Department an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event. Contractor The Concessionaire will notify the Concessionaire Department within twenty (20) days 30 Days following the date on which it first became aware (or should have become aware aware, using all reasonable due diligence) that such a CA Delay Event has ceased. 12.5.1.4 (d) Notwithstanding the occurrence of a CA Delay Event, Contractor the Concessionaire will continue its performance and observance pursuant to this Agreement of all of its obligations and covenants to be performed to the extent that it is reasonably able to do so and will use its reasonable efforts to minimize the effect and duration of the CA Delay Event. Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor the Concessionaire from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities)Agreement, from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event. 12.5.1.5 (e) Subject to Contractor’s the Concessionaire giving the notice required in SectionSection 13.01(a), a Delay Event will excuse the Concessionaire from whatever performance is prevented or delayed by the Delay Event referred to in such notice to the extent set forth in Section 13.02 and Section 13.03.

Appears in 1 contract

Samples: Comprehensive Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!