Common use of DELAYS NOT DUE TO ONE PARTY Clause in Contracts

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.

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 agreed proportion of any costs incurred by the Operator as a result of the Delay Payments shall be recoverable subject to reductions to reflect taken into account in the extent to which the Authority has contributed to the DelayReview Process. If necessary, the parties may escalate the matter in accordance with the Dispute Resolution Procedure.