Giving of Relief Sample Clauses

Giving of Relief. In the event that Developer has complied with its obligations under Section 12.3.2 (Procedure for Relief), then: 12.3.3.1 in the case of a delay demonstrated pursuant to Section 12.3.2 (
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Giving of Relief. In the event that the Contractor has complied with its obligations under Clause 15.6 above, then: 15.7.1 the Relevant Date shall be postponed by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of delay; 15.7.2 in the case of an additional cost being incurred or revenue being lost by the Contractor: (a) on or before the Relevant Date; or (b) as a result of Capital Expenditure being incurred by the Contractor at any time, the Authority shall compensate the Contractor for the actual Estimated Change in Project Costs as adjusted to reflect the actual costs reasonably incurred and without double counting, for revenue actually lost (to the extent it could not reasonably have been negotiated) within twenty (20) Working Days of its receipt of a written demand by the Contractor supported by all relevant information; 15.7.3 in the case of a payment of compensation for the Estimated Change in Project Costs and/or without double counting loss of revenue that does not result in Capital Expenditure being incurred by the Contractor referred to in Clause 15.7.2(b) above but which reflects a change in the costs being incurred by the Contractor after the Relevant Date, the Authority shall compensate the Contractor in accordance with Clause 15.11 (Payment) below by an adjustment to the Unitary Charge; and/or; 15.7.4 the Authority shall give the Contractor such relief from its obligations under the Contract, as is reasonable for such a Compensation Event.
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Giving of Relief. In the event that the Development Entity has complied with its obligations under Section 12.3(b) (Procedure for Relief), then: (i) in the case of a delay demonstrated pursuant to Section 12.3(b) (Procedure for Relief), (A) the applicable CNG Readiness Deadline or (following the applicable CNG Readiness Deadline) the applicable Long Stop Deadline, and/or (B) the Site Completion Deadline; shall be extended by such time as shall be reasonable for such a Relief Event, but only to the extent that the Development Entity demonstrates to the Department by way of Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 2 (Project Management Plan) of the Technical Provisions) that the relevant Relief Event will result in an identifiable and measurable disruption to CNG Readiness or Site Completion (as relevant), which will impact a Critical Path activity (i.e., would consume all available float and would extend the time required to achieve CNG Readiness or Site Completion (as relevant)); (ii) subject to Section 12.3(c)(iii) below, to the extent that any Development Entity Default or breach of any Project Document would, but for the occurrence of any Relief Event, have not occurred, such Development Entity Default or breach shall, for the purposes of this PPA, be deemed not to have occurred; and (iii) to the extent that the volume of Commercial Sales decreases as a direct result of a Relief Event, the Guaranteed Commercial Sales Volume shall be equitably adjusted to reflect such decrease in Commercial Sales in a manner to be agreed between the Parties.
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Giving of Relief. Subject to Clause 23.6, following compliance by the Contractor of the requirements of Clause 23.4, then in the case of the Relief Amount being incurred by the Contractor, the Authority shall compensate the Contractor for the actual Estimated Change in Project Costs as adjusted to reflect the actual Relief Amount reasonably incurred. The Authority shall compensate the Contractor either: (a) by an adjustment to the Unitary Charge calculated in accordance with Section B of Schedule Part 7(Unitary Charge Adjustment) excluding double counting arising from the Indexation Adjustment; or (b) by payment of the Relief Amount reasonably incurred within 30 days of receipt of a written demand by the Contractor supported by all relevant information. The Authority shall give the Contractor such relief from its obligations under this Agreement as is reasonable for such a Services Compensation Event.
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Giving of Relief. Subject to Clause 17.8, following compliance by the Contractor with the requirements of Clause 17.6, then: 17.7.1 the relevant Target Service Availability Date and/or the Target External Works Availability Date and/or Target Grass Pitch Availability Date and/or following the relevant Target Service Availability Date, the Deadline Date shall be postponed by such time as shall be reasonable for such a Works Compensation Event, taking into account the likely effect of delay; 17.7.2 in the case of an additional cost being incurred and/or revenue being lost by the Contractor in respect of the events listed in the definition of Works Compensation Event: (a) as a result of Capital Expenditure being incurred by the Contractor; or (b) in relation to a New Project Facility, on or before the Target Service Availability Date and/or the Target External Works Availability Date and/or Target Grass Pitch Availability Date and/or, following the Target Service Availability Date, the Deadline Date and/or, following the Target External Works Availability Date, the External Works Step- In Date and/or, following the Target Grass Pitch Availability Date, the Grass Pitch Step-In Date; the Authority shall compensate the Contractor for the actual Estimated Change in Project Costs as adjusted to reflect the actual costs reasonably incurred and, without double counting, for revenue actually lost (to the extent it could not reasonably have been mitigated) within 30 days of receipt of a written demand by the Contractor supported by all relevant information; 17.7.3 in the case of a payment of compensation for the Estimated Change in Project Costs and/or without double counting, loss of revenue that does not result in Capital Expenditure being incurred by the Contractor referred to in Clause 17.7.2 but which reflects a change in the costs to be incurred by the Contractor after a Service Availability Date or an External Works Availability Date or a Grass Pitch Availability Date, the Authority shall compensate the Contractor in accordance with Section B of Schedule Part 7 (Payment Mechanism). By an adjustment to the Unitary Charge excluding double counting arising from the Indexation Adjustment; and
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Giving of Relief. In the event that the Development Entity has complied with its obligations under Section 12.2(b) (Procedure for Relief), then: (i) in the case of a delay demonstrated pursuant to Section 12.2(b) (Procedure for Relief), the Project Facility Completion Deadline or (following the Project Facility Completion Deadline) the Long Stop Deadline shall be extended by such time as shall be reasonable for such a Relief Event, but only to the extent that the Development Entity demonstrates to the Department by way of a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to the Technical Provisions) that the relevant Relief Event will result in an identifiable and measurable disruption to Project Facility Completion, which will impact a Critical Path activity (i.e., would consume all available float and would extend the time required to achieve Project Facility Completion); and (ii) to the extent that any Development Entity Default or breach of any Project Document would, but for the occurrence of any Relief Event, have not occurred, such Development Entity Default or breach shall, for the purposes of this PPA, be deemed not to have occurred.
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Giving of Relief. In the event that the Contractor has complied with its obligations under clause Procedure for relief, then: 17.7.1 the [Target Service Availability Date] shall be postponed by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of delay; 17.7.2 in the case of an additional cost being incurred by the Contractor: (A) [in relation to a School] on or before Target Service Availability Date; or (B) as a result of Capital Expenditure being incurred by the Contractor at any time; the Authority shall reimburse to Contractor the amount of the relevant Estimated Revised Project Costs demonstrated as having been incurred in accordance clause 17.6.2 within [30] days of its receipt of a written demand by the Contractor supported by all relevant information; 17.7.3 in the case of a payment of compensation for the relevant Estimated Revised Project Costs that does result in Capital Expenditure being incurred by the Contractor referred to in clause Procedure for relief but which reflects a change in the costs being incurred by the Contractor after a Target Service Availability Date, the Authority shall compensate the Contractor in accordance with clause [ ] by an adjustment to the Unitary Charge; and 17.7.4 the Authority shall give the Contractor such relief from its obligations under this Part of this Agreement as is reasonable for such a Compensation Event.
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Giving of Relief. Subject to Clause 17.8, following compliance by the Contractor with the requirements of Clause 17.6, then: 17.7.1 the relevant part of the Construction Programme, Target Service Availability Dates, Target External Works Availability Dates Target Grass Playing Fields Availability Dates and/or Deadline Dates shall be postponed by such time as shall be reasonable for such a Works Compensation Event, taking into account the likely effect of delay; 17.7.2 in the case of Capital Expenditure and/or financing costs in respect of the events listed in the definition of Works Compensation Event, which cannot be compensated by an adjustment to the Unitary Charge in accordance with Part B of Schedule Part 7 (Payment Mechanism) so that the Contractor is in a no worse position that it would have been in had the Works Compensation Event not occurred, the Authority shall pay such Capital Expenditure and/or financing costs reasonably incurred within 30 days of its receipt of a written demand by the Contractor supported by all relevant information; 17.7.3 in the case of a payment of compensation for the Estimated Change in Project Costs that does not fall within Clause 17.7.2, the Authority shall compensate the Contractor in accordance with Part B of Schedule Part 7 (Payment Mechanism) by an adjustment to the Unitary Charge, excluding double counting arising from the Indexation Adjustment; and 17.7.4 the Authority shall give the Contractor such relief from its obligations under this Agreement as is reasonable for such a Works Compensation Event.
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Related to Giving of Relief

  • Giving of Requests (a) A Borrower may borrow a Loan by giving to the Facility Agent a duly completed Request. (b) Unless the Facility Agent otherwise agrees, the latest time for receipt by the Facility Agent of a duly completed Request is 11.00 a.m. one Business Day before the Rate Fixing Day for the proposed borrowing. (c) Each Request is irrevocable.

  • Giving of notices Any notice to be given under this contract: (a) shall be in writing; and (b) shall be duly given if signed by or on behalf of a person duly authorised to do so by the party giving the notice and delivered by hand at, or by sending it by prepaid first class post, recorded delivery, or by email (where the parties agree), to the relevant address or email address set out in Schedule 1. For the purposes of this Clause 18.4 and Clause 16.1.2, delivery by hand shall include delivery by a reputable firm of couriers.

  • Law, Venue 19.1. This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. 19.2. To the fullest extent permitted by California law, the county in which the District administration office is located shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

  • Governing Law; Venue; Attorneys’ Fees This Note shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its principles regarding conflicts of law; and the courts of Park City, Utah shall have sole and exclusive jurisdiction over any action or proceeding brought under or pursuant to this Note. Upon default, the breaching party agrees to pay to the non-breaching party reasonable attorneys' fees, plus all other reasonable expenses, incurred by the non-breaching party in exercising any of the non-breaching party’s rights and remedies under this Note.

  • Agreement Made in California; Venue The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in San Francisco.

  • Choice of Law; Venue This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Xxxxxx County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

  • CHOICE OF LAW AND VENUE; JURY TRIAL WAIVER; JUDICIAL REFERENCE PROVISION (a) THE VALIDITY OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS (UNLESS EXPRESSLY PROVIDED TO THE CONTRARY IN ANOTHER LOAN DOCUMENT IN RESPECT OF SUCH OTHER LOAN DOCUMENT), THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT HEREOF AND THEREOF, THE RIGHTS OF THE PARTIES HERETO AND THERETO WITH RESPECT TO ALL MATTERS ARISING HEREUNDER OR THEREUNDER OR RELATED HERETO OR THERETO, AND ANY CLAIMS, CONTROVERSIES OR DISPUTES ARISING HEREUNDER OR THEREUNDER OR RELATED HERETO OR THERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. (b) THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEDERAL COURTS LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK; PROVIDED, THAT ANY SUIT SEEKING ENFORCEMENT AGAINST ANY COLLATERAL OR OTHER PROPERTY MAY BE BROUGHT, AT AGENT’S OPTION, IN THE COURTS OF ANY JURISDICTION WHERE AGENT ELECTS TO BRING SUCH ACTION OR WHERE SUCH COLLATERAL OR OTHER PROPERTY MAY BE FOUND. BORROWER AND EACH MEMBER OF THE LENDER GROUP WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT EACH MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION 12(b). (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORROWER AND EACH MEMBER OF THE LENDER GROUP HEREBY WAIVE THEIR RESPECTIVE RIGHTS, IF ANY, TO A JURY TRIAL OF ANY CLAIM, CONTROVERSY, DISPUTE OR CAUSE OF ACTION DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF ANY OF THE LOAN DOCUMENTS OR ANY OF THE TRANSACTIONS CONTEMPLATED THEREIN, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW OR STATUTORY CLAIMS (EACH A “CLAIM”). BORROWER AND EACH MEMBER OF THE LENDER GROUP REPRESENT THAT EACH HAS REVIEWED THIS WAIVER AND EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. IN THE EVENT OF LITIGATION, A COPY OF THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. (d) BORROWER HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF NEW YORK AND THE STATE OF NEW YORK, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENTS, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT AGENT MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST ANY LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION. (e) NO CLAIM MAY BE MADE BY ANY LOAN PARTY AGAINST AGENT, ANY LENDER, ISSUING BANK, OR ANY AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, COUNSEL, REPRESENTATIVE, AGENT, OR ATTORNEY-IN-FACT OF ANY OF THEM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES IN RESPECT OF ANY CLAIM FOR BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATED TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, OR ANY ACT, OMISSION, OR EVENT OCCURRING IN CONNECTION THEREWITH, AND EACH LOAN PARTY HEREBY WAIVES, RELEASES, AND AGREES NOT TO XXX UPON ANY CLAIM FOR SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

  • CHOICE OF LAW, VENUE, JURY TRIAL WAIVER AND JUDICIAL REFERENCE California law governs the Loan Documents without regard to principles of conflicts of law. Borrower and Bank each submit to the exclusive jurisdiction of the State and Federal courts in Santa Xxxxx County, California; provided, however, that nothing in this Agreement shall be deemed to operate to preclude Bank from bringing suit or taking other legal action in any other jurisdiction to realize on the Collateral or any other security for the Obligations, or to enforce a judgment or other court order in favor of Bank. Borrower expressly submits and consents in advance to such jurisdiction in any action or suit commenced in any such court, and Borrower hereby waives any objection that it may have based upon lack of personal jurisdiction, improper venue, or forum non conveniens and hereby consents to the granting of such legal or equitable relief as is deemed appropriate by such court. Borrower hereby waives personal service of the summons, complaints, and other process issued in such action or suit and agrees that service of such summons, complaints, and other process may be made by registered or certified mail addressed to Borrower at the address set forth in, or subsequently provided by Borrower in accordance with, Section 10 of this Agreement and that service so made shall be deemed completed upon the earlier to occur of Borrower’s actual receipt thereof or three (3) days after deposit in the U.S. mails, proper postage prepaid. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES’ AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of the Santa Xxxxx County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Santa Xxxxx County, California; and the parties hereby submit to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedure §§ 638 through 645.1, inclusive. The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers. All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed. If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Santa Xxxxx County, California Superior Court for such relief. The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceedings. The parties shall be entitled to discovery which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings. The private judge shall oversee discovery and may enforce all discovery rules and orders applicable to judicial proceedings in the same manner as a trial court judge. The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to California Code of Civil Procedure § 644(a). Nothing in this paragraph shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.

  • Governing Law; Venue; Service of Process (a) THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE; PROVIDED THAT THE AGENT AND EACH LENDER SHALL RETAIN ALL RIGHTS ARISING UNDER FEDERAL LAW. (b) ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF CALIFORNIA OR OF THE UNITED STATES FOR SUCH STATE, AND BY EXECUTION AND DELIVERY OF THIS AGREEMENT, THE BORROWER, THE AGENT AND EACH LENDER CONSENTS, FOR ITSELF AND IN RESPECT OF ITS PROPERTY, TO THE NON-EXCLUSIVE JURISDICTION OF THOSE COURTS. THE BORROWER, THE AGENT AND EACH LENDER IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION IN RESPECT OF ANY LOAN DOCUMENT OR OTHER DOCUMENT RELATED THERETO. THE BORROWER, THE AGENT AND EACH LENDER WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY THE LAWS OF SUCH STATE.

  • Governing Law; Venue NOTWITHSTANDING THE PLACE WHERE THIS AGREEMENT MAY BE EXECUTED BY ANY OF THE PARTIES HERETO, THE PARTIES EXPRESSLY AGREE THAT THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK AS APPLIED TO AGREEMENTS AMONG NEW YORK RESIDENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN NEW YORK, WITHOUT REGARD TO THE CONFLICT OF LAW PROVISIONS OF SUCH JURISDICTION.

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