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 agreed proportion of any costs incurred by the Operator as a result of the Delay shall be taken into account in the Review Process. 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

Related to DELAYS NOT DUE TO ONE PARTY

  • Termination due to Force Majeure 13.5.1 If the Force Majeure Event or its effects continue to be present beyond the period as specified in Article 4.5.3, either Party shall have the right to cause termination of the Agreement. In such an event, this Agreement shall terminate on the date of such Termination Notice.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • NO STRIKES AND LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act.

  • STRIKES AND LOCKOUTS The Union agrees during the term of this Agreement there will be no slowdown or strike, stoppage of work or refusal to work or to continue to work. The Employer agrees that during the term of this Agreement there will be no lockout.

  • Portion of Products/Services Available If only a portion of Products and/or Services is available for shipment or performance to meet the Delivery Date, Supplier shall promptly notify DXC and proceed unless otherwise directed by DXC. Supplier shall be responsible for any cost increase in the shipment of Products due to its failure to meet the Delivery Date and/or if such method does not comply with DXC’s shipping instructions.

  • NO STRIKES - NO LOCKOUTS In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that, during the life of this agreement, there will be no strike, picketing, slowdown or stoppage of work, either complete or partial, and the Corporation agrees that there will be no lockout.

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • NO STRIKES OR LOCKOUTS 5.01 The Union agrees there will be no strikes and the Employer agrees there will be no lockouts during the term of this Agreement. The term "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act, as amended.

  • NO STRIKES AND NO LOCKOUTS 5:01 The Employer undertakes that there will be no lockout as defined in the Labour Relations Act during the term of this Agreement. The Union undertakes that there will be no strike as defined in the Labour Relations Act during the term of this Agreement.

  • Payment of Sales, Use or Similar Taxes All sales, use, transfer, intangible, recordation, documentary stamp or similar Taxes or charges, of any nature whatsoever, applicable to, or resulting from, the transactions contemplated by this Agreement shall be borne by the Sellers.

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