Force Majeure During Construction Period Sample Clauses
The 'Force Majeure During Construction Period' clause defines how unforeseen events beyond the control of the parties, such as natural disasters or government actions, affect obligations during the construction phase of a project. Typically, this clause allows for extensions of time or suspension of obligations if such events prevent or delay construction activities. Its core function is to allocate risk and provide a fair mechanism for handling delays caused by extraordinary circumstances, ensuring that neither party is unfairly penalized for events outside their control.
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Force Majeure During Construction Period. If a Force Majeure Event occurs during the Construction Period, then notwithstanding any other provision of this Agreement:
(a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation;
(b) if the Force Majeure Event wholly or substantially prevents the Contractor from proceeding with the Project for a period of at least seven days, then the Contractor’s Construction Schedule and the dates in Section 5.11 (Construction Delays) and clauses (f), (g) and (h) of Section 16.8 (Termination Events) shall be adjusted commensurately to the period during which the Contractor is prevented by the Force Majeure Event from proceeding with the Project;
(c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event;
(d) the Traffic Availability Target Date shall be adjusted, subject to the Contractor’s obligation to take reasonable steps to mitigate the delay.
Force Majeure During Construction Period. If a Force Majeure Event occurs during the Construction Period, then notwithstanding any other provision of this Agreement:
(a) to the extent that and for so long as either party is prevented by the Force Majeure Event from performing any obligation under this Agreement, that party is relieved from any liability or consequence under this Agreement arising from its inability to perform or delay in performing that obligation;
(b) if the Force Majeure Event wholly or substantially prevents the Contractor from proceeding with the Project for a period of at least 21 days, then the Contractor’s Construction Schedule and the dates in Section 5.11 and clauses (g), (h) and (i) of Section 16.8 shall be adjusted commensurately to the period during which the Contractor is prevented by the Force Majeure Event from proceeding with the Project;
(c) no non-performance of any obligation under this Agreement shall give rise to a Termination Event, to the extent that and for so long as performance of the obligation is prevented by the Force Majeure Event;
(d) the Traffic Availability Target Date shall not be adjusted, but if by reason of the Force Majeure Event, Traffic Availability is delayed until beyond the Traffic Availability Target Date, then the Province shall upon Traffic Availability pay to the Contractor its damages resulting from Traffic Availability being delayed beyond the Traffic Availability Target Date by the Force Majeure Event (and shall, from and after the Traffic Availability Target Date, make advance payment to the Contractor on account of such damages, to the extent such damages can reasonably be determined prior to Traffic Availability, it being mutually anticipated by the parties that such damages and such advance payment will include at least an amount equal to the Capital Payment that would have been payable had Traffic Availability been achieved), subject to the Contractor’s obligation to take reasonable steps to mitigate the delay and to mitigate its damages;
(e) no damages are payable under clause (d) to the extent that the damages are covered (or would have been covered but for the Contractor’s failure to comply with Section 11) by insurance maintained by or for the benefit of the Contractor; and
(f) if one or more Force Majeure Event results in the Contractor being wholly or substantially prevented from proceeding with the Project for an aggregate period of at least 120 days falling within one or more Construction Seasons, then the Payment Sche...
Force Majeure During Construction Period. 46 12.2 Force Majeure During Operating Period 48 12.3 Procedure on Force Majeure Event. 48 13. RELIEF EVENTS 49 13.1 Definitions 49 13.2 Relief Event Defined. 49 13.3 Relief Event During Construction Period 51