Common use of Procedure on Force Majeure Event Clause in Contracts

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s) (but without prejudice to any termination right arising under Section 17.4).

Appears in 2 contracts

Samples: Design, Build, Finance and Operate Agreement, Dbfo Agreement

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Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s) (but without prejudice to any termination right arising under Section 17.4).

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s) (but without prejudice to any termination right arising under Section 17.4).

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.213.2 (Relief Event Defined), constitute a Relief Event under Section 13.2(s13.2(r) (Relief Event Defined) (but without prejudice to any termination right arising under Section 17.417.3 (Termination Upon Force Majeure)).

Appears in 1 contract

Samples: Agreement to Design and Build

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure Schools by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and, and if the Province declines to repair the damage it shall provide notice of this decision to the Contractor as soon as reasonably practicable; (b) if the Province, pursuant to clause (a), declines to repair the damage, that shallthen, subject to Section 12.4 and Section 13.2, that shall constitute a Relief Event under Section 13.2(s13.2(n) (but without prejudice to any termination right arising under Section 17.4); and (c) if the Province chooses to repair the damage then the Province must issue a Change Order Directive to the Contractor for the necessary repairs in accordance with Schedule 1 (Change Orders).

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

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Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure Schools by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and, and if the Province declines to repair the damage it shall provide notice of this decision to the Contractor as soon as reasonably practicable; (b) if the Province, pursuant to clause (a), declines to repair the damage, that shallthen, subject to Section 12.4 and Section 13.2, that shall constitute a Relief Event under Section 13.2(s13.2(n) (but without prejudice to any termination right arising under Section 17.4); and (c) if the Province chooses to repair the damage then the Province must issue a Change Order Directive to the Contractor for the necessary repairs in accordance with Schedule 1 (Change Orders).

Appears in 1 contract

Samples: Design, Build, Finance and Maintain Agreement

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damage; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s) (but without prejudice to any termination right arising under Section 17.4).

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

Procedure on Force Majeure Event. Upon either party becoming aware of the occurrence of a Force Majeure Event that may prevent that party from performing any obligation under this Agreement, that party shall in a timely manner give the other party notice of the Force Majeure Event, including reasonable details of the anticipated effect of the Force Majeure Event upon performance of this Agreement, and thereafter the parties shall on an ongoing basis consult with each other with a view to remedying or mitigating the Force Majeure Event and, if applicable, rebuilding the Project Infrastructure or otherwise addressing the consequences of the Force Majeure Event. Except to the extent that damage caused to the Existing Infrastructure or the New Infrastructure by a Force Majeure Event is insured against or required to be insured against by the Contractor, the Province shall be responsible for repairing the damage, provided that: (a) the Province may in its discretion, having regard to the nature and extent of the damage and acting reasonably, decline to repair the damagedamage and upon such decision being taken shall promptly notify the Contractor; and (b) if the Province, pursuant to clause (a), declines to repair the damage, that shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(s13.2(o) (but without prejudice to any termination right arising under Section 17.417.3).

Appears in 1 contract

Samples: Design, Build, Finance and Operate Agreement

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