Equivalent Project Relief Sample Clauses

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co's Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that:
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Equivalent Project Relief. The parties acknowledge that Operations Co will share with the Project Contractors, who will, in turn, share with Sub-Contractors certain benefits to Operations Co derived from the rights of Operations Co under, and subject to the obligations and limitations under, this Project Implementation Agreement including rights of Operations Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are collectively “Operations Co’s Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Operations Co directly would have given rise to a claim by Operations Co pursuant to Operations Co’s Rights, will, for the purpose of this Project Implementation Agreement, be deemed to be a circumstance affecting Operations Co in respect of which Operations Co may claim under and subject to Operations Co’s Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Operations Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Operations Co against Project Co under and subject to Operations Co’s Rights, but whether or not Project Co is liable for such amounts will be determined under this Project Implementation Agreement as if the circumstance had affected Operations Co directly, provided that: (c) all such claims will be made and administered by Operations Co and no Project Contractor or any Sub-Contractor will have any rights against Project Co, including under this Section 8.13; (d) in no event will the liability of Project Co under this Section 8.13 be greater than it would have been if Operations Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will Project Co be liable under this Section 8.13 for any Direct Losses or other compensation that Project Co would not have been liable for if Operations Co had been directly affected by the circumstance referred to in Section 8.13(a) above.
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Equivalent Project Relief. (a) Except to the extent any entitlement of Project Co under the Project Agreement (including any rights, remedies or relief) does not, in any way, relate to the rights or obligations of Operations Co under this Project Implementation Agreement, Operations Co will be entitled to receive the benefit of such entitlement from Project Co (in accordance with and subject to the provisions of Section 1.6(c)), including the benefit of: (1) any compensation, damages or other payment of any kind on the same or substantially the same grounds as Project Co is entitled to compensation, damages or other payment of any kind under the Project Agreement, including, without limitation, compensation on termination; (2) any other relief (including any extension of time) from the performance of its obligations under, or from termination of, this Project Implementation Agreement on the same or substantially the same grounds as Project Co is entitled to be relieved from performance of equivalent obligations under, or from termination of, the Project Agreement; (3) any entitlement of Operations Co under this Project Implementation Agreement in respect of which any provision of this Project Implementation Agreement states that the Pass-Down Provisions are to apply; and (4) any certificate, consent or approval granted under this Project Implementation Agreement, the Project Agreement or any other agreement, statute, bylaw or regulation in regard to any matter relating to Operations Co, including any entitlement of Project Co to request or apply for such certificate, consent or approval from the Authority, or any other person under this Project Implementation Agreement or the Project Agreement, including, for greater certainty, any benefit to Project Co arising out of any Change implemented or any Change required by the Authority pursuant to the Project Agreement or any Supervening Event or remedies or compensation in 34985-2017 25902380.4 Amended and Restated Project Implementation Agreement NG-KIH Project respect of any Authority Event of Default (as defined in the Project Agreement) in respect of which Project Co is entitled to relief, compensation or benefit under the Project Agreement in respect of Project Co’s obligations, but excluding: (5) any compensation payable to Project Co under the Project Agreement in respect of any Senior Debt Service Amount (except to the extent that Operations Co or any Operations Co Person has previously made payment to Project Co in respect of de...
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Equivalent Project Relief. (a) The City shall: (i) perform all of its obligations under the DB Co Works Agreement to the extent failure to do so would adversely affect Project Co or its rights under the DB Co Interface Agreement or this Project Agreement; (ii) enforce its rights under the DB Co Works Agreement in accordance with this Section 9.12; and (iii) not make or agree to make any amendment to or variation of the DB Co Works Agreement without complying with the provisions of Schedule 43 to this Project Agreement, mutatis mutandis. (b) The Parties agree that: (i) certain entitlements of the City under the DB Co Works Agreement are related to the Project Scope or the rights and entitlements of Project Co under this Project Agreement (including the Stage 2 Variations) or the DB Co Interface Agreement on the basis that Project Co is performing the Project Scope on behalf of the City and should have access to such entitlement on the same basis as if the City were performing the Project Scope on its own behalf (such entitlements being “DB Co Direct Claim Entitlements”); (ii) without prejudice to the right to claim DB Co Direct Claim Entitlements, certain entitlements of Project Co under this Project Agreement are triggered by the determination of breaches, acts or omissions of DB Co under the DB Co Works Agreement (or by parties for which DB Co is responsible under the DB Co Works Agreement) and that such entitlements shall be deemed to be subject to the operation of this Section 9.12, to the extent applicable (and subject in particular to
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Equivalent Project Relief. (a) If IAT and the Port Authority are coordinating and cooperating to determine the final scope, timing and phasing of, as well as milestones for, certain elements of the Existing Terminal Upgrades and Transformation pursuant to Section 18C(t)(4) or (5) of the Port/IAT Lease, Delta shall have the right to participate with IAT in such activities to the extent the same could reasonably be expected to adversely impact Delta’s performance of the 2022 Terminal Expansion Work, Delta’s financial obligations or benefits under this Agreement, Delta’s Premises or Delta’s exercise of other rights and obligations under this Agreement. Delta and IAT shall endeavor to present a unified position, if reasonably practicable, to the Port Authority. If a unified position is not reasonably practicable, Delta and IAT shall be entitled to present their respective positions to each other and the Port Authority. (b) If Delta believes that IAT is entitled to claim that a Qualifying D&C Change has occurred pursuant to Section 18C(v)(2) of the Port/IAT Lease, or that a Delay Event has occurred pursuant to Section 18C(x) of the Port/IAT Lease, in each case with respect to the 2022 Terminal Expansion Work, IAT will cooperate with Delta in order to allow Delta to pursue such claims pursuant to the Port/IAT Lease upon no less than 5 days prior notice thereof to IAT, and IAT shall use commercially reasonable efforts, at Delta’s sole cost and expense, to facilitate Delta’s pursuit of such claims. (c) If Delta believes that IAT is entitled to submit a Lessee Change Order Proposal pursuant to Section 18C(v)(5) of the Port/IAT Lease or a Lessee Change pursuant to Section 18C(bb) of the Port/IAT Lease, in each case with respect to the 2022 Terminal Expansion Work, IAT will cooperate with Delta in order to allow Delta to submit such Lessee Change Order Proposal or Lessee Change, as applicable, upon no less than 5 days prior notice thereof to IAT, and IAT shall use commercially reasonable efforts, at Delta’s sole cost and expense, to facilitate Delta’s submission of such Lessee Change Order Proposal or Lessee Change, as applicable, provided that IAT shall be permitted to reject a Lessee Change Order Proposal or Lessee Change by Delta if IAT believes that such Lessee Change Order Proposal or Lessee Change could reasonably be expected to have an adverse effect on IAT’s performance of the 2022 Transformation Work, operations at Terminal 4 or exercise of IAT’s other rights and obligations under the...
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Equivalent Project Relief. 19.1 The Caterer agrees that any compensation or other relief in respect of a claim or defence by the Caterer of any right or benefit pursuant to this Agreement which is equivalent to any right or benefit of the Operator as against the Grantor pursuant to the Operator Agreement (including resulting from a breach by the Grantor or any other matter for which the Grantor is liable) ("Equivalent Project Relief") will be determined in accordance with the provisions of this Clause 19 (Equivalent Project Relief). 19.2 Where the Caterer has a claim or defence under this Agreement that is equivalent to a claim or defence that the Operator has (as against the Grantor) under the Operator Agreement, then the Operator shall use all reasonable endeavours to pursue the equivalent claim or defence under the Operator Agreement. The Operator shall, on the Caterer’s reasonable request, take all appropriate action (including commencing legal proceedings) to obtain any compensation or other relief in respect of such claim or defence that results from a breach by the Grantor or any other matter for which the Grantor is liable under the Operator Agreement. To the extent that the Operator is pursuing a claim or defence under the Operator Agreement on behalf of the Caterer, the Caterer will bear any costs that are reasonably and properly incurred by the Operator in pursuing such claim or defence, provided that the Operator shall keep the Caterer informed of its budget for such claim or defence and any changes to that budget and the Caterer has approved that budget and any changes. The Caterer shall pay the Operator such costs within fifteen (15) Business Days of the date of an invoice from the Operator in respect thereof. 19.3 Provided that the Operator has complied with Clause 19.2, the Caterer agrees that any entitlement to Equivalent Project Relief shall not be due or payable from the Operator to the Caterer until the Operator actually receives such compensation or relief from the Grantor, pursuant to the Operator Agreement. 19.4 The quantum of any compensation in respect of Equivalent Project Relief shall be: 19.4.1 where an agreement or determination is made under the Operator Agreement or this Agreement (as the case may be) which separately identifies the amount relating to the Caterer's claim, the amount so identified; or 19.4.2 where the amount due to the Caterer is not separately identified, a fair and reasonable proportion of the amount recovered by the Operator under th...
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Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (such rights, as qualified by such obligations and limitations, are in this Section collectively "Project Co's Rights").
Sample 1
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Equivalent Project Relief. 6.1 In the event that any Equivalent Project Relief arises but subject to clause 13 of the General Conditions, the Contractor shall be entitled to that proportion of the Equivalent Project Relief which relates to the Works or the design thereof to which the Purchaser is or becomes entitled under the Principal Contract which shall be as certified, agreed or otherwise determined thereunder or if under the Principal Contract there is no certification, agreement or determination of the Contractor’s proportion of Equivalent Project Relief, such proportion thereof as shall be assessed by the Project Manager (acting reasonably) and, in either case, on the basis that the Equivalent Project Relief is to be allocated between the parties who are entitled to the Equivalent Project Relief in proportion to the amount that each party would have been due or entitled to under their contracts except for this Sub-clause 6.1 or similar provision in the other parties’ contracts, and notwithstanding any other provision of this Contract, the Contractor hereby waives any further or other entitlement to relief or compensation in respect of Equivalent Project Relief, whether under this Contract, in tort, for breach of duty of care or statutory duty or otherwise. 6.2 To the extent that any additional, adjusted or altered payment due to the Contractor under this Contract constitutes Equivalent Project Relief, the Contractor’s entitlement to claim payment shall be conditional upon and no payment in respect thereof shall become due unless and to the extent permitted in clause 37 of the General Conditions, and until the Equivalent Project Relief has been determined in accordance with this Sub-clause 6.1 of this Contract Agreement, whereupon the Contractor shall be entitled to claim payment in accordance with clause 37 of the General Conditions.
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Related to Equivalent Project Relief

  • The Performance Improvement Process (a) The Performance Improvement Process will focus on the risks of non- performance and problem-solving. It may include one or more of the following actions: (1) a requirement that the HSP develop and implement an improvement plan that is acceptable to the LHIN; (2) the conduct of a Review; (3) a revision and amendment of the HSP’s obligations; and (4) an in-year, or year end, adjustment to the Funding, among other possible means of responding to the Performance Factor or improving performance. (b) Any performance improvement process begun under a prior service accountability agreement that was not completed under the prior agreement will continue under this Agreement. Any performance improvement required by a LHIN under a prior service accountability agreement will be deemed to be a requirement of this Agreement until fulfilled or waived by the LHIN.

  • Elements Unsatisfactory Needs Improvement Proficient Exemplary IV-A-1. Reflective Practice Demonstrates limited reflection on practice and/or use of insights gained to improve practice. May reflect on the effectiveness of lessons/ units and interactions with students but not with colleagues and/or rarely uses insights to improve practice. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues, and uses insights gained to improve practice and student learning. Regularly reflects on the effectiveness of lessons, units, and interactions with students, both individually and with colleagues; and uses and shares with colleagues, insights gained to improve practice and student learning. Is able to model this element.

  • Specific Performance, Etc The parties recognize that if any provision of this Agreement is violated by the Company, Indemnitee may be without an adequate remedy at law. Accordingly, in the event of any such violation, Indemnitee shall be entitled, if Indemnitee so elects, to institute Proceedings, either in law or at equity, to obtain damages, to enforce specific performance, to enjoin such violation, or to obtain any relief or any combination of the foregoing as Indemnitee may elect to pursue.

  • Project/Milestones Taxpayer provides refrigerated warehousing and logistic distribution services to clients throughout the United States. In consideration for the Credit, Taxpayer agrees to invest in a new refrigeration and distribution facility in the XxXxxxxxx Park area of Sacramento, California, and hire full-time employees (collectively, the “Project”). Further, Taxpayer agrees to satisfy the milestones as described in Exhibit A (“Milestones”) and must maintain Milestones for a minimum of three (3) taxable years thereafter. In the event Taxpayer employs more than the number of full-time employees, determined on an annual full-time equivalent basis, than required in Exhibit A, for purposes of satisfying the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” Taxpayer may use the salaries of any of the full-time employees hired within the required time period. For purposes of calculating the “Minimum Annual Salary of California Full-time Employees Hired” and the “Cumulative Average Annual Salary of California Full-time Employees Hired,” the salary of any full-time employee that is not employed by Taxpayer for the entire taxable year shall be annualized. In addition, the salary of any full-time employee hired to fill a vacated position in which a full-time employee was employed during Taxpayer’s Base Year shall be disregarded.

  • Ongoing Performance Measures The Department intends to use performance-reporting tools in order to measure the performance of Contractor(s). These tools will include the Contractor Performance Survey (Exhibit H), to be completed by Customers on a quarterly basis. Such measures will allow the Department to better track Vendor performance through the term of the Contract(s) and ensure that Contractor(s) consistently provide quality services to the State and its Customers. The Department reserves the right to modify the Contractor Performance Survey document and introduce additional performance-reporting tools as they are developed, including online tools (e.g. tools within MFMP or on the Department's website).

  • Corrective Measures If the Participating Generator fails to meet or maintain the requirements set forth in this Agreement and/or the CAISO Tariff, the CAISO shall be permitted to take any of the measures, contained or referenced in the CAISO Tariff, which the CAISO deems to be necessary to correct the situation.

  • CONTRACTOR PERFORMANCE AUDIT The Contractor shall allow the Authorized User to assess Contractor’s performance by providing any materials requested in the Authorized User Agreement (e.g., page load times, response times, uptime, and fail over time). The Authorized User may perform this Contractor performance audit with a third party at its discretion, at the Authorized User’s expense. The Contractor shall perform an independent audit of its Data Centers, at least annually, at Contractor expense. The Contractor will provide a data owner facing audit report upon request by the Authorized User. The Contractor shall identify any confidential, trade secret, or proprietary information in accordance with Appendix B, Section 9(a), Confidential/Trade Secret Materials.

  • Performance Excused The Affected Party, to the extent rendered unable to perform its obligations or part thereof under this Agreement as a consequence of the Force Majeure Event shall be excused from performance of the obligations. Provided that, the excuse from performance shall be of no greater scope and of no longer duration than is reasonably warranted by the Force Majeure Event. Provided further, nothing contained herein shall absolve the Affected Party from any payment obligations accrued prior to the occurrence of the underlying Force Majeure Event.

  • Project Goals The schedule, budget, physical, technical and other objectives for the Project shall be defined.

  • Performance Improvement Plan timely and accurate completion of key actions due within the reporting period 100 percent The Supplier will design and develop an improvement plan and agree milestones and deliverables with the Authority 3.2 The Authority may from time to time make changes to the KPIs measured as set out in paragraph 3.1 above and shall issue a replacement version to the Supplier. The Authority shall give notice In Writing of any such change to the KPIs measured and shall specify the date from which the replacement KPIs must be used for future reports. Such date shall be at least thirty (30) calendar days following the date of the notice to the Supplier.

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