Common use of Giving of Relief Clause in Contracts

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.

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));; and (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.

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 Construction Commencement Deadline) the applicable Long Stop Deadline, ; and/or (B) the Site Substantial Project Completion Deadline or (following the Substantial Project 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 Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 2 (Project Management PlanManagement) 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)the Work, which will impact a Critical Path activity (i.e., would consume all available float and would extend the time required to achieve CNG Readiness commencement of Construction Work or Site Completion (as relevant)Substantial Project Completion); (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 nothing in this Section 12.3 (Relief Events) shall affect the extent accrual of any Unavailability Events during the period in which the Relief Event is subsisting; provided, that the volume of Commercial Sales decreases as a direct result of a Relief Event, the Guaranteed Commercial Sales Volume any such Unavailability Events shall be equitably adjusted to reflect such decrease in Commercial Sales in disregarded for the purposes of determining whether or not a manner to be agreed between the PartiesPersistent Closure or Poor Maintenance Performance has occurred.