Common use of Delays Identified in Risk Events Matrix; Excusable Delay Clause in Contracts

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.

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.