Common use of Notice; Mitigation Clause in Contracts

Notice; Mitigation. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party’s obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County or City shall give notice to the other party, before the first day of each succeeding month, updating the information previously submitted.

Notice; Mitigation. The party experiencing an Uncontrollable Circumstance Party claiming a Force Majeure event (the “Claiming Party”) shall notify the other party by telecommunication or telephone and Party in writing, on or promptly after the date the party Party experiencing such Uncontrollable Circumstance Force Majeure event first knew of the commencement thereof, followed within 15 fifteen (15) days by a written description of (1) the Uncontrollable Circumstance Force Majeure event and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance Force Majeure event began and the cause thereof, its estimated duration, the estimated time during which the performance of such partythe Claiming Party’s obligations hereunder will be delayed, (3) and the estimated amountimpact, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstanceon any scheduled completion dates for Capital Improvements, (43) its estimated impact on the other obligations of such party the Claiming Party under this Agreement and (54) potential mitigating actions which might be taken by the County or City Claiming Party and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party The Claiming Party shall provide prompt written notice to the other Party of the cessation of such Uncontrollable CircumstanceForce Majeure event. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby Claiming Party shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay Force Majeure event continues, the County or City Claiming Party shall give notice to the other party, Party before the first day of each succeeding month, month updating the information previously submitted.. The Claiming Party shall furnish promptly (if and to the extent available to it) any additional documents or other information relating to the Force Majeure event reasonably requested by the other Party.‌

Notice; Mitigation. The party experiencing an Uncontrollable Circumstance shall notify the other party by hardcopy telecommunication or telephone and in writing, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the commencement 50 thereof, followed within 15 days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party’s 's obligations hereunder will be delayed, and the impact, if any, on any scheduled completion dates for Major Capital Improvements Public Works Improvements, (3) to .he extent appropriate in accordance with Section 6.3, the estimated amount, if any, by which the Contract Rate Other Costs may need to be adjusted arise as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such party under this Agreement and (5) potential mitigating actions which might be taken by the County Manager or City Authority and any areas where costs might be reduced and the approximate amount of such cost reductions. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best reasonable efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Disposal System. While the delay continues, the County Manager or City Authority shall give notice to the other partyparty with a copy to the Consulting Engineer, before the first day of each succeeding month, updating the information previously submitted. The Manager shall furnish promptly (if and to the extent available to the Manager) any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the Consulting Engineer or the Authority.