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.

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. If for any reason Contractor fails to deliver a CA Delay Event Notice within such fifteen (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. 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 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 fifteen (15) 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. 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. Subject to Contractor’s giving the notice required in Section 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.

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.

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.. If for any reason Contractor fails to deliver a CA Delay Event Notice within such fifteen (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. 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 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 fifteen (15) 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. 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. Subject to Contractor’s giving the notice required in Section