Common use of Notice and Mitigation Clause in Contracts

Notice and Mitigation. The party that asserts the occurrence of an Un controllable Circumstance shall notify the other party by telephone or facsimile, on or prom ptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 days by a written description of: (1) the Un controllable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e during which the perform ance of such party's obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Circumstance, the affected party shall also provide the oth er party with a description of: (1) the am oun t, if an y, by which th e Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstance; (2) any areas where costs might be reduced and the approximate amount of such cost reductions; an d (3) its estimated impact on the other obligations of such party under this Service Contract. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx an Uncontrollable Circumstance occurs, the party claiming to be adversely affected thereby shall, as prom ptly as practicable, use all reasonable efforts to elim inate the cause thereof, reduce costs resulting therefrom, mitigate and limit damage to the oth er party, and resum e full performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Un controllable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party.

Notice and Mitigation. The party that asserts the occurrence of an Un controllable Uncontrollable Circumstance shall notify the other party by telephone telephone, facsimile or facsimileemail (with confirmation of receipt), on or prom ptly promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 days by a written description of: (1) the Un controllable Uncontrollable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e time during which the perform ance performance of such party's ’s obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Uncontrollable Circumstance, the affected party shall also provide the oth er other party with a description of: (1i) the am oun tequitable relief requested, if an y, by which th e Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstanceany; (2ii) any areas where costs might be reduced and the approximate amount of such cost reductions; an d and (3iii) its estimated impact on the other obligations of such party under this Service Contract. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx an Uncontrollable Circumstance occursWhenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as prom ptly promptly as practicable, use all reasonable efforts to elim inate eliminate the cause thereoftherefor, reduce costs resulting therefrom, mitigate and limit damage to the oth er party, and resum e full resume performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Un controllable Uncontrollable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party.. Service Contract for the Supply, Placement, Removal and Thermal Reactivation of Granular Activated Carbon Article IX – Insurance, Uncontrollable Circumstances and Indemnification

Notice and Mitigation. The party Party that asserts the occurrence of an Un controllable Uncontrollable Circumstance shall notify the other party Party by telephone, facsimile or email (accompanied by a telephone or facsimilecall to the County’s Contract Representative), on or prom ptly promptly after the date the party Party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 fifteen (15) days by a written description of: (1) the Un controllable Uncontrollable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e time during which the perform ance performance of such party's Party’s obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Circumstance, the affected party shall also provide the oth er party with a description of: ; (13) the am oun testimated amount, if an yany, by which th e the Service Fee is proposed may need to be adjusted as a result of such Uncontrollable Circumstance; (24) its estimated impact on the other obligations of such Party under this Contract; and (5) potential mitigating actions which might be taken by the Company or County and any areas where costs might be reduced and the approximate amount of such cost reductions; . As soon as practicable after the occurrence of an d (3) its estimated impact on Uncontrollable Circumstance, the other obligations of such party under this Service Contract. The affected party Party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx Whenever an Uncontrollable Circumstance occurs, the party Party claiming to be adversely affected thereby shall, as prom ptly promptly as practicablereasonably possible, use all reasonable efforts to elim inate eliminate the cause thereof, reduce costs resulting therefrom, mitigate and limit damage to itself and the oth er partyother Party, and resum e resume full performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party Party shall give notice to the other partyParty, before the first day of each succeeding month, updating the information previously submitted. The party Party claiming to be adversely affected by an Un controllable Circumstance Uncontrollable Circumstances shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other partyParty. The Company shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the County.

Notice and Mitigation. The party that asserts the occurrence of experiencing an Un controllable Uncontrollable Circumstance shall notify the other party by telephone or facsimile, on or prom ptly promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence commencement thereof, followed within 15 days by a written description of: of (1) the Un controllable Uncontrollable Circumstance and the cause thereof (to the extent known); and , (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e time during which the perform ance performance of such party's obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after and the occurrence of an Uncon trollable Circumstanceimpact, if any, on the affected party shall also provide the oth er party with a description of: Acceptance Date, (13) the am oun tamount, if an yany, by which th e the Construction Price or the Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstance; , (24) its estimated impact on the other obligations of such party under this Agreement, and (5) any areas where costs might be reduced and the approximate amount of such cost reductions; an d (3) its estimated impact on the other obligations of such party under this Service Contract. The affected Each party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx an Uncontrollable Circumstance occursWhenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as prom ptly promptly and as practicablereasonably possible, use all reasonable its best efforts to elim inate eliminate the cause thereoftherefor, reduce costs resulting therefrom, mitigate and limit damage to the oth er party, and resum e full resume performance under this Service ContractAgreement. While the Uncontrollable Circumstance delay continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Un controllable Circumstance shall bear the burden of proof, and Company shall furnish promptly promptly, if and to the extent available to the Company, any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other partyCity.

Notice and Mitigation. The party that asserts the occurrence of an Un controllable Circumstance shall notify the other party by telephone or facsimilefacsim ile, on or prom ptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 days by a written description of: (1) the Un controllable Uncontrollable Circumstance and the cause thereof (to the th e extent known); and (2) the date the Uncontrollable Un controllable Circumstance began, its estimated duration, and the estimated xxx e time during which the perform ance of such party's obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Circumstance, the affected party shall also provide the oth er party with a description of: (1) the am oun t, if an y, by which th e Service Fee is proposed to be adjusted as a result of such Uncontrollable Circumstance; (2) any areas where costs might be reduced and the approximate amount of such cost reductions; an d (3) its estimated impact on the other obligations of such party under this Service Contract. The affected party shall also provide prompt written w xxxxxx notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx an Uncontrollable Circumstance occurs, the party claiming to be adversely affected thereby shall, as prom ptly promptly as practicable, use all reasonable efforts to elim inate eliminate the cause thereof, reduce costs resulting therefrom, mitigate and limit damage to the oth er party, and resum e full performance under this Service ContractLease Agreement. While W xxxx the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Un controllable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents docum ents or other information inform ation relating to the Uncontrollable Circumstance reasonably requested by the other party.

Notice and Mitigation. The party Party that asserts the occurrence of an Un controllable Uncontrollable Circumstance shall notify the other party Party by telephone, facsimile or email (accompanied by a telephone or facsimilecall to the County’s Contract Representative), on or prom ptly promptly after the date the party Party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 15 fifteen (15) days by a written description of: (1) the Un controllable Uncontrollable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, and the estimated xxx e time during which the perform ance performance of such party's Party’s obligations hereunder shall be delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncon trollable Circumstance, the affected party shall also provide the oth er party with a description of: ; (13) the am oun testimated amount, if an yany, by which th e the Service Fee is proposed may need to be adjusted as a result of such Uncontrollable Circumstance; (24) its estimated impact on the other obligations of such Party under this Contract; and (5) potential mitigating actions which might be taken by the Company or County and any areas where costs might be reduced and the approximate amount of such cost reductions; . As soon as practicable after the occurrence of an d (3) its estimated impact on Uncontrollable Circumstance, the other obligations of such party under this Service Contract. The affected party Party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Xx xxxxxx Whenever an Uncontrollable Circumstance occurs, the party Party claiming to be adversely affected thereby shall, as prom ptly promptly as practicablereasonably possible, use all reasonable efforts to elim inate eliminate the cause thereof, reduce costs resulting therefrom, mitigate and limit damage to itself and the oth er partyother Party, and resum e resume full performance under this Service Contract. While the Uncontrollable Circumstance continues, the affected party Party shall give notice to the other partyParty, before the first day of each succeeding month, updating the information previously submitted. The party Party claiming to be adversely affected by an Un controllable Circumstance Uncontrollable Circumstances shall bear the burden of proof, proof and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other partyParty. The Company shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the County.