Delays Identified in Risk Events Matrix; Excusable Delay Sample Clauses

Delays Identified in Risk Events Matrix; Excusable Delay. 10.4.1 The Risk Events Matrix identifies certain Risk Events which will result in delay in the achievement of identified work or milestones, including NEPA delays, delays in obtaining FHWA or other third party approvals or resulting from the terms and conditions of such approvals, delays due to injunctions or other court orders, Close of Finance delays, delays due to Change in Law, delays due to Major Catastrophe, delays in right-of-way acquisition, and delays or failures by either party to meet milestones for the Initial Scope of Work, Project Milestones or other milestones or deadlines as set forth in this Agreement, the Master Development Plan, or a Facility Implementation Plan. Except as may be otherwise set forth in the Master Development Plan or a Facility Implementation Plan, the grounds for a claim for remedies for delay by either party shall be limited to those Risk Events set forth in the Risk Events Matrix that expressly allow such additional remedies. If any such Risk Event occurs, the parties shall follow the provisions regarding such Risk Event in the Risk Events Matrix to determine their respective rights and remedies, including rights to extend schedules, to remove a Facility from this Agreement, to terminate this Agreement and to receive reimbursement for unpaid costs in accordance with Section 19.6, as applicable.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs

Related to Delays Identified in Risk Events Matrix; Excusable Delay

  • Definitions As used in this Agreement, the following terms shall have the following meanings:

  • Termination This Agreement may be terminated at any time prior to the Closing:

  • NOW, THEREFORE the parties hereto agree as follows:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.

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