DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE Sample Clauses

DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE. 8.1 Without prejudice to Paragraph 6.3 and subject to Paragraph 6.4, if the Operator would have been able to Achieve the Milestone by its Milestone Date but has failed to do so as a result of an Authority Cause the Operator will have the rights and relief set out in this Paragraph 8. 8.2 The Operator shall: 8.2.1 following the completion of the steps in Paragraph 8.3, be allowed an extension of time equal to the Delay caused by that Authority Cause; 8.2.2 not be in breach of this Agreement as a result of the failure to Achieve the relevant Milestone by its Milestone Date; 8.2.3 have no liability for the Delay in respect of the relevant Milestone to the extent that the Delay results directly from the Authority Cause; and 8.2.4 be entitled to have any losses and/or expenses as set out in Paragraph 8.4 taken into account at the next Review in accordance with the Review Process. 8.3 The Authority Contract Manager shall: 8.3.1 consider the duration of the Delay, the nature of the Authority Cause and the effect of the Delay and the Authority Cause on the Operator's ability to comply with the Implementation Plan; 8.3.2 consult with the Operator Contract Manager in determining the effect of the Delay; 8.3.3 fix a Revised Milestone Date; and 8.3.4 if appropriate, make any consequential revision to subsequent Milestones in the Implementation Plan 8.4 If the Operator has incurred any direct loss and/or expense as a result of a Delay due to an Authority Cause, such loss and/or expense shall be taken into account at the next Review in accordance with the Review Process. The Operator shall provide the Authority and the Review Panel with any information they may require in order to assess the validity and extent of loss and/or expense. 8.5 Any Change that is required to the Implementation Plan pursuant to Paragraph 8.3 or the Charges pursuant to Paragraph 8.4 shall be implemented in accordance with the Change Control Procedure. If the Operator's analysis of the effect of the Delay in accordance with Paragraph 6.2 permits a number of options, then the Authority shall have the right to select which option shall apply. 8.6 The Authority shall not delay unreasonably when considering and determining the effect of a Delay under this Paragraph 8 or in agreeing a Change pursuant to the Change Control Procedure. 8.7 The Operator shall and shall procure that each Sub-contractor shall take and continue to take all reasonable steps to eliminate or mitigate any losses and/or expenses...
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DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE and clause 11 (
Sample 1
DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE. [Guidance: This clause provides that where delay in Achieving a Milestone is due to a breach of the Authority’s obligations, the Contractor is entitled to certain rights and relief. For example, protection from liability for its own breach arising from the Authority’s actions. Any compensation payable pursuant to clause 7.4 is subject to the Contractor’s obligation to mitigate its loss. Note that the payment of compensation will increase overall projects costs. Therefore, the Authority must consider the effect of any increase in project costs when setting out provisions relating to compensation for delay.]
Sample 1

Related to DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE

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