DELAYS NOT DUE TO ONE PARTY Sample Clauses

DELAYS NOT DUE TO ONE PARTY. Without prejudice to Paragraph 6.3 and subject to Paragraph 6.4, where a Delay is attributable in part to the Operator's Default and in part to an Authority Cause the Parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay. The parties agree that Delay Payments shall be recoverable subject to reductions to reflect the extent to which the Authority has contributed to the Delay. If necessary, the parties may escalate the matter in accordance with the Dispute Resolution Procedure.
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DELAYS NOT DUE TO ONE PARTY. Without prejudice to Clause 9.3 and subject to Clause 9.4, where a Delay is attributable in part to the Contractor's Default and in part to a Compensation Event there shall be a fair and reasonable apportionment of responsibility for the Delay.
Sample 1
DELAYS NOT DUE TO ONE PARTY. Without prejudice to Clause 7.5 and subject to Clause 7.6, where a Delay is attributable in part to the Contractor's Default and in part to a Department Cause the parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay and Clauses 7, 8 and 9 shall apply as appropriate to such agreed apportionment of responsibility. The Parties agree that compensation payable pursuant to Clause 9.4 (Delays to Milestones Due to Department Cause) shall be recoverable subject to reductions to reflect the extent to which the Department or the Contractor respectively has contributed to the Delay. If necessary, the Parties may escalate the matter in accordance with the Dispute Resolution Procedure and if the matter cannot be resolved by agreement then either Party may refer the matter to an expert for determination.
Sample 1
DELAYS NOT DUE TO ONE PARTY. Subject to paragraphs 7.3 and 7.4, where a Delay is attributable in part to the Contractor’s Default and in part to an Authority Cause the Parties shall negotiate in good faith with a view to agreeing a fair and reasonable apportionment of responsibility for the Delay. The Parties agree that Delay Payments and compensation payable pursuant to paragraph 9 shall be recoverable subject to reductions to reflect the extent to which the Authority or the Contractor respectively has contributed to the Delay. If necessary, the Parties may escalate the matter in accordance with the Dispute Resolution Procedure.
Sample 1

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