Common use of Delay Event Notice and Determination Clause in Contracts

Delay Event Notice and Determination. ‌ (a) If the Developer is affected by a Delay Event, it will give written notice to the Department within 21 Days 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) (a “Delay Event Notice”). 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 (ii) and (iii) above are not known at the time of the Delay Event Notice, such notice will be resubmitted within 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 Department may reasonably require. The Developer will bear the burden of proving the occurrence of a Delay Event and the resulting impacts.‌