Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), then without prejudice to any other rights or remedies of the other party under this Agreement:
(a) the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information; and
(b) if the period of delay is 6 months or more, the rights of the Applicant with respect to the applicable Supervening Event will be of no further force or effect.
Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), then the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information.
Delay in Notification. If (i) the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), or (ii) Project Co fails to provide any notice required to be provided pursuant to and in accordance with the requirements of Section 2.11, then without prejudice to any other rights or remedies of the other party under this Agreement:
(a) the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information; and
(b) if the period of delay is 6 months or more, the rights of the Applicant with respect to the applicable Supervening Event will be of no further force or effect.
Delay in Notification. (a) If a Supervening Event Notice is provided by an Applicant to the other party more than 12 months after the date of the occurrence or commencement of such Supervening Event contrary to Section 8.1(b)(v), then the Applicant shall not be entitled to any compensation, extension of time or relief from its obligations under this Agreement in respect of the Supervening Event that was the subject of such Supervening Event Notice.
(b) If a Supervening Event Notice or any required information is provided by an Applicant to the other party after the relevant dates referred to in Section 8.2 [Procedures Upon Occurrence of a Supervening Event], then the Applicant shall not be entitled to any compensation, extension of time or relief from its obligations under this Agreement in respect of the Supervening Event that was the subject of such Supervening Event Notice to the extent that the amount thereof would (but for this Section 8.12(b)) have increased as a result of such delay in providing such notice or information.
Delay in Notification. If a Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2, then without prejudice to any other rights or remedies of the other party under this Project Agreement:
(a) the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Project Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information; and
(b) if the period of delay is 12 months or more, the rights of the Applicant with respect to the applicable Supervening Event will be of no further force or effect.
Delay in Notification. If any Uncontrollable Circumstance notice or any required information is submitted by the DBOM Contractor to the BWS after the dates required under this Section, then the DBOM Contractor’s entitlement to relief hereunder due to the occurrence of the Uncontrollable Circumstance shall have been waived, and the DBOM Contractor shall have no rights to any further relief hereunder based upon the occurrence of an Uncontrollable Circumstance. With regard to submittal of the notice required under subsection (A) (Notice and Written Report) of this Section, the DBOM Contractor shall be deemed to have knowledge that the Uncontrollable Circumstance has caused or is likely to cause an entitlement under this Service Agreement if such occurrence could reasonably have been known, identified, discovered or observed by the DBOM Contractor through the employment of procedures consistent with Good Engineering and Construction Practice or Good Industry Practice, as applicable.
Delay in Notification. The Borrowers shall not be required to compensate a Lender pursuant to this Section for any Taxes or related costs suffered more than nine (9) months prior to the date that such Lender notifies the Borrowers of such Taxes or related costs and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such Taxes or related costs is retroactive, then the nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other Party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event) or the Applicant does not comply with its obligations under Section 2.5 or 2.6 (as applicable) to mitigate the impact of the Supervening Event, then without prejudice to any other rights or remedies of the other party under this Agreement the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information.
Delay in Notification. The Design-Builder acknowledges that any delay by the Design-Builder in submitting to the City any Uncontrollable Circumstance notice or any information required under this Section, beyond the applicable time period required under this Section may adversely affect the City, and agrees that the relief to be provided in respect of any Uncontrollable Circumstance shall be reduced or limited to the extent of any such adverse effect, as reasonably determined by the City. The Design-Builder shall be deemed to have become aware of the occurrence of an Uncontrollable Circumstance if such occurrence could reasonably have been known, identified, discovered or observed by the Design-Builder through the employment of procedures consistent with Good Engineering and Construction Practice. Without limiting any of the foregoing, if the Design-Builder fails to submit a Relief Request Notice within 60 days after the City’s receipt of the notice required under subsection (A) of this Section or to notify the City of the occurrence of an Uncontrollable Circumstance within 60 days following the occurrence, then the Design-Builder shall be deemed to have irrevocably and forever waived and released any and all claim or right with respect to the subject Uncontrollable Circumstance.
Delay in Notification. If any Uncontrollable Circumstance notice or any required information is submitted by the Company to SRWA after the dates required under this Section, then any Company entitlement to relief shall be offset to the extent that the ability to mitigate was adversely affected as a result of the delay in providing such notice or information.
