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:
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:
(c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13;
(d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and
(e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.
Equivalent Project Relief. 6.1 To the extent that the Construction Contractor has a right, entitlement, remedy or defense under this Agreement in respect of which the Developer has a corresponding right, entitlement, remedy or defense (such corresponding right, entitlement, remedy or defense, the “Developer Right”) under the Project Agreement, the Construction Contractor shall be entitled to receive the benefit of such Developer Right in accordance with and subject to the provisions of this Part 1, Article 6 including, without limitation, the benefit of:
6.1.1 any contribution, indemnification, compensation, damages or other additional payment of any kind to the extent the Developer is entitled to such contribution, indemnification, compensation, damages or other additional payment of any kind under the Project Agreement;
6.1.2 any other relief (including, without limitation, any extension of time) from the performance of its obligations under, or from termination of, this Agreement to the extent that the Developer is entitled to be relieved from performance of equivalent obligations under, or from termination of, the Project Agreement (including, for the avoidance of doubt, any relief to which the Developer may be entitled as a result of a Supervening Event);
6.1.3 any entitlement of the Construction Contractor under this Agreement in respect of which any provision of this Agreement states that:
6.1.3.1 this Part 1, Article 6 or the provisions generally relating to Equivalent Project Relief shall apply; or
6.1.3.2 the Construction Contractor may make an Equivalent Claim or issue an Equivalent Claim Notice;
6.1.4 any certificate, consent or approval granted under this Agreement, the Project Agreement or any other agreement, statute, bylaw or regulation in regard to any matter relating to the CC Work, including any entitlement of the Developer to request or apply for such certificate, consent or approval from the Enterprises, or any other person under this Agreement or the Project Agreement; and
6.1.5 any benefit arising out of any Change Order or Directive Letter issued by the Enterprises pursuant to Schedule 24 to the Project Agreement in respect of the Project, but excluding, for greater certainty, (a) any payments made by the Enterprises to the Developer in respect of the Project Debt or any other obligation of the Developer under the Financing Agreements, except to the extent that the Developer has received compensation in respect of such amounts by way of Delay Liquidated Damag...
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...
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...
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.
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...
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").
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