Common use of Procedure for Relief Clause in Contracts

Procedure for Relief. Subject to Section 12.3.4 (Late Provision of Notice or Information), any claim made by Developer pursuant to Section 12.3.1 must: 12.3.2.1 be submitted to the Authority as soon as practicable, and in any event within twenty (20) Business Days of Developer first becoming aware that the relevant Relief Event would have the effect that is the subject of Developer’s claim; 12.3.2.2 within ten (10) Business Days of receipt by the Authority of the notice referred to in Section 12.3.2.1, give full details of the relevant Relief Event (as available to it having made due enquiry), the extension of time and/or relief claimed, including: (a) a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 0.3.2 of the General Conditions) demonstrating that the relevant Relief Event will result in an identifiable and measurable disruption to the Work, which will impact a Critical Path activity (i.e. would consume all available float and would extend the time required to achieve commencement of the Construction Work, or Substantial Completion, Final Acceptance or D&C Work Completion, as applicable); (b) evidence reasonably satisfactory to the Authority that no other concurrent unrelated delay to a Critical Path activity that is Developer’s responsibility has occurred that has contributed to the delay for which relief is being sought; and (c) evidence reasonably satisfactory to the Authority that such event could not reasonably be avoided by Developer without material cost or delay, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work. 12.3.2.3 demonstrate to the reasonable satisfaction of the Authority that: (a) Developer and its Key Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; (b) the Relief Event was the direct cause of or is reasonably likely to be the direct cause of: (i) any failure to commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline) further delay in the achievement of Construction Commencement; (ii) a delay in achieving D&C Work Completion by the Original D&C Work Completion Deadline or (following the Original D&C Work Completion Deadline) further delay in the achievement of D&C Work Completion; and/or (iii) Developer failing to comply with its obligations under this Agreement; (c) the extension of time and/or relief from the obligations under this Agreement claimed could not reasonably be expected to be mitigated or recovered by Developer acting in accordance with Best Management Practice; and (d) Developer is using Reasonable Efforts to perform its obligations under this Agreement.

Procedure for Relief. Subject to Section 12.3.4 12.2(d) (Late Provision of Notice or Information), any claim request for relief made by Developer the Development Entity pursuant to Section 12.3.1 12.2(a) (Relief Events) must: 12.3.2.1 (i) be submitted to the Authority Department as soon as practicable, and in any event within no later than twenty (20) Business Days of Developer the Development Entity first becoming aware that the relevant Relief Event would have the effect that is the subject of Developerthe Development Entity’s claimrequest for relief; 12.3.2.2 within (ii) no later than ten (10) Business Days of following receipt by the Authority Department of the notice request referred to in Section 12.3.2.112.2(b)(i), give full details of the relevant Relief Event (as available to it having made due enquiryinquiry), the extension of time and/or relief claimedrequested, including: (a) A. to the extent the Development Entity believes that the relevant Relief Event would result in a delay to the achievement of Project Facility Completion, a Time Impact Analysis (based on the Project Working Schedule most recently agreed accepted pursuant to Section 0.3.2 of the General ConditionsTechnical Provisions) demonstrating that the relevant Relief Event will result in an identifiable and measurable disruption to the WorkProject Facility Completion, which will impact a Critical Path activity activity (i.e. i. e., would consume all available float and would extend the time required to achieve commencement of the Construction Work, or Substantial Project Facility Completion, Final Acceptance or D&C Work Completion, as applicable); (b) B. evidence reasonably satisfactory to the Authority demonstrating that no other concurrent unrelated delay to a Critical Path activity that is Developerthe Development Entity’s responsibility has occurred that has contributed to the delay for which relief is being sought; and (c) C. evidence reasonably satisfactory to the Authority demonstrating that such event could not reasonably be avoided by Developer the Development Entity without material cost or delay, including by re-sequencing, reallocating or redeploying its forces to other portions of the WorkProject Services. 12.3.2.3 demonstrate (iii) provide evidence to the reasonable satisfaction of the Authority Department demonstrating that: (a) Developer A. the Development Entity and its Key Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure; (b) B. the Relief Event was the direct cause of or is reasonably likely to be the direct cause of: (i) any failure to commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline) further delay in the achievement of Construction Commencement; (ii) I. a delay in achieving D&C Work Project Facility Completion by the Original D&C Work Project Facility Completion Deadline or (following the Original D&C Work Project Facility Completion Deadline) further delay in the achievement of D&C Work Project Facility Completion; and/or (iii) Developer II. the Development Entity failing to comply with its obligations under this AgreementPPA; (c) C. the extension of time and/or relief from the obligations under this Agreement claimed PPA requested could not reasonably be expected to be mitigated or recovered by Developer the Development Entity acting in accordance with Best Management Good Industry Practice; and (d) Developer D. the Development Entity is using Reasonable Efforts to perform its obligations under this AgreementPPA.