Common use of Procedures Upon Occurrence of a Supervening Event Clause in Contracts

Procedures Upon Occurrence of a Supervening Event. ‌ The following procedures shall apply if a Supervening Event occurs: (a) as soon as practicable, and in any event within five Business Days after the Applicant has knowledge that the Supervening Event has caused, or is reasonably likely to cause, an entitlement under this Part 9, the Applicant shall give to the Province, where the Applicant is the Primary Contractor, or to the Primary Contractor, where the Applicant is the Province, a notice (a “Supervening Event Notice”), identifying the particular Supervening Event and summarizing, to the extent the Applicant has knowledge thereof, the consequences and the nature of the Applicant’s claim;‌‌ (b) following the delivery of a Supervening Event Notice, as soon as practicable, and in any event within 30 Business Days after the delivery of the Supervening Event Notice, the Applicant shall give to the Province, where the Applicant is the Primary Contractor, or to the Primary Contractor, where the Applicant is the Province: (i) any additional details or information, including available supporting documentation, in support of its claim in respect of the occurrence of the Supervening Event; (ii) if applicable, a detailed breakdown of all estimated Direct Losses that have been, will be or are reasonably likely to be incurred by the Applicant as a result of the Supervening Event; and (iii) all other relevant information which would be required to be included in a Change Report under Section 2.3 [Preparation of Change Report] of Schedule 10 [Changes] if such Supervening Event was a Province Change; (c) if a Supervening Event for which a Supervening Event Notice has been delivered ceases, the Applicant shall give to the Province, where the Applicant is the Primary Contractor, or to the Primary Contractor, where the Applicant is the Province, as soon as practicable notice thereof and of when performance of its affected obligations can be resumed;‌ (d) a party may not make multiple or duplicative claims in respect of any Supervening Event, and the relief, extensions of time, compensation and/or termination right in respect of a Supervening Event as is agreed to by the parties or otherwise determined in accordance with the Dispute Resolution Procedure pursuant to Section 9.2(g)(ii) shall be the only relief, extensions of time, compensation and/or termination right to which the Applicant shall be entitled in respect of such Supervening Event; (e) the other party shall provide the Applicant with any information reasonably requested by the Applicant in order for the Applicant to make its claim; (f) the Applicant shall demonstrate to the reasonable satisfaction of the Province, where the Applicant is the Primary Contractor, or the Primary Contractor, where the Applicant is the Province, that: (i) the applicable criteria required under Section 9.1(b) have been met; (ii) the Supervening Event has caused or will cause the Applicant to suffer the effects from which or for which the Applicant seeks relief, extensions of time, compensation and/or a termination right under this Part; and (iii) it has complied with its mitigation obligations under Section 3.1 [Mitigation by Province] or Section 4.10 [Mitigation by Primary Contractor], as applicable; and (g) following the delivery of a Supervening Event Notice under Section 9.2(a), the Province and the Primary Contractor shall consult and seek to agree to the effect of the relevant Supervening Event, provided that either of them may submit for resolution in accordance with the Dispute Resolution Procedure the question of:‌ (i) whether such Supervening Event has occurred, if within 10 Business Days following the delivery of the Supervening Event Notice the Province and the Primary Contractor have not agreed to the occurrence of such Supervening Event; and (ii) the extent of relief, extensions of time and/or compensation to which the Applicant is entitled, if within 20 Business Days following the exchange of all relevant information required under this Section 9.2 [Procedures Upon Occurrence of a Supervening Event], the Province and the Primary Contractor have not agreed to the extent of such relief, extensions of time and/or compensation.‌

Procedures Upon Occurrence of a Supervening Event. ‌ The following procedures shall apply if a Supervening Event occurs: (a) as soon as practicable, and in any event within five Business Days after the Applicant has knowledge that the Supervening Event has caused, or is reasonably likely to cause, an entitlement under this Part 98, the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province, a notice (a “Supervening Event Notice”), ) identifying the particular Supervening Event and summarizing, to the extent the Applicant has knowledge thereof, the consequences and the nature of the Applicant’s claim;‌‌claim; (b) following the delivery of a Supervening Event Notice, as soon as practicable, and in any event within 30 Business Days after the delivery of the Supervening Event Notice, the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province,: (i) any additional details or information, including available supporting documentation, in support of its claim in respect of the occurrence of the Supervening Event;; and (ii) if applicable, a detailed breakdown of all estimated Direct Losses that have been, will be or are reasonably likely to be incurred by the Applicant as a result of the Supervening Event; and (iii) all other relevant information which would be required to be included in a Change Report under Section 2.3 [Preparation of Change Report] of Schedule 10 [Changes] 11 if such Supervening Event was a Province Change; (c) if a Supervening Event for which a Supervening Event Notice has been delivered ceases, the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province, as soon as practicable notice thereof and of when performance of its affected obligations can be resumed;‌resumed; (d) a party may not make multiple or duplicative claims in respect of any Supervening Event, and the relief, extensions of time, compensation and/or termination right in respect of a Supervening Event as is agreed to by the parties or otherwise determined in accordance with the Dispute Resolution Procedure pursuant to Section 9.2(g)(ii8.2(h)(ii) shall be the only relief, extensions of time, compensation and/or termination right to which the Applicant shall be entitled in respect of such Supervening Event; (e) the other party shall provide the Applicant with any information reasonably requested by the Applicant in order for the Applicant to make its claim; (f) where the claim in respect of a Supervening Event includes Claims to which Section 9.9 [Conduct of Claims Indemnified by the Province] applies, such Claims shall be subject to the provisions of Section 9.9 [Conduct of Claims Indemnified by the Province] and otherwise the claim in respect of such Supervening Event shall be subject to the provisions of this Part 8; (g) the Applicant shall demonstrate to the reasonable satisfaction of the Province, where the Applicant is the Primary ContractorProject Co, or the Primary ContractorProject Co, where the Applicant is the Province, that: (i) the applicable criteria required under Section 9.1(b8.1(b) have been met; (ii) the Supervening Event has caused or will cause the Applicant to suffer the effects from which or for which the Applicant seeks relief, extensions of time, compensation and/or a termination right under this PartPart 8; and (iii) it has complied with its mitigation obligations under Section 3.1 [Mitigation by By Province] or Section 4.10 [Mitigation by Primary ContractorBy Project Co], as applicable; and (gh) following the delivery of a Supervening Event Notice under Section 9.2(a8.2(a), the Province and the Primary Contractor Project Co shall consult and seek to agree to the effect of the relevant Supervening Event, provided that either of them may submit for resolution in accordance with the Dispute Resolution Procedure the question of:‌of: (i) whether such Supervening Event has occurred, if within 10 Business Days following the delivery of the Supervening Event Notice the Province and the Primary Contractor Project Co have not agreed to the occurrence of such Supervening Event; andand/or (ii) the extent of relief, extensions of time and/or compensation to which the Applicant is entitled, if within 20 Business Days following the exchange of all relevant information required under this Section 9.2 [Procedures Upon Occurrence of a Supervening Event]8.2, the Province and the Primary Contractor Project Co have not agreed to the extent of such relief, extensions of time and/or compensation.‌compensation.

Procedures Upon Occurrence of a Supervening Event. ‌ The following procedures shall apply if a Supervening Event occurs: (a) as soon as practicable, and in any event within five Business Days after the Applicant has knowledge that the Supervening Event has caused, or is reasonably likely to cause, an entitlement under this Part 9Part, the Applicant shall give to the Province, where in the Applicant is case of the Primary ContractorConcessionaire as Applicant, or to the Primary ContractorConcessionaire, where in the Applicant is case of the ProvinceProvince as Applicant, a notice (a “Supervening Event Notice”), ) identifying the particular Supervening Event and summarizing, to the extent the Applicant has knowledge thereof, the consequences and the nature of the Applicant’s claim;‌‌claim; (b) following the delivery of a Supervening Event Notice, as soon as practicable, and in any event within 30 Business Days after the delivery of the Supervening Event Notice, the Applicant shall give to the Province, where in the Applicant is case of the Primary ContractorConcessionaire as Applicant, or to the Primary ContractorConcessionaire, where in the Applicant is case of the ProvinceProvince as Applicant: (i) any additional details or information, including available supporting documentation, in support of its claim in respect of the occurrence of the Supervening Event;; and (ii) if applicable, a detailed breakdown of all estimated Direct Losses that have been, will be or are reasonably likely to be incurred by the Applicant as a result of the Supervening Event; and (iii) all other relevant information which would be required to be included in a Change Report under Section 2.3 [Preparation of Change Report] of Schedule 10 [Changes] 11 if such Supervening Event was a Province ChangeChange including, at the option of the Applicant or if requested by the other applicable party pursuant to Section 10.2 [Adjustment of Availability Payments], the information required pursuant to Section 10.2(a); (c) if a Supervening Event for which a Supervening Event Notice has been delivered ceases, the Applicant shall give to the Province, where in the Applicant is case of the Primary ContractorConcessionaire as Applicant, or to the Primary ContractorConcessionaire, where in the Applicant is case of the ProvinceProvince as Applicant, as soon as practicable notice thereof and of when performance of its affected obligations can be resumed;‌resumed; (d) a party may not make multiple or duplicative claims in respect of any Supervening Event, and the relief, extensions of timetime (including extensions of the Expiry Date pursuant to Section 8.4(d)), compensation and/or termination right in respect of a Supervening Event as is agreed to by the parties or otherwise determined in accordance with the Dispute Resolution Procedure pursuant to Section 9.2(g)(ii8.2(h)(ii) shall be the only relief, extensions of timetime (including extensions of the Expiry Date pursuant to Section 8.4(d)), compensation and/or termination right to which the Applicant shall be entitled in respect of such Supervening Event; (e) the other party parties shall provide the Applicant with any information reasonably requested by the Applicant in order for the Applicant to make its claim; (f) where the claim in respect of a Supervening Event includes Claims to which Section 9.9 [Conduct of Claims Indemnified by the Province] applies, such Claims shall be subject to the provisions of Section 9.9 [Conduct of Claims Indemnified by the Province] and otherwise the claim in respect of such Supervening Event shall be subject to the provisions of this Part; (g) the Applicant shall demonstrate to the reasonable satisfaction of the Province, where in the Applicant is case of the Primary ContractorConcessionaire as Applicant, or the Primary ContractorConcessionaire, where in the Applicant is case of the ProvinceProvince as Applicant, that: (i) the applicable criteria required under Section 9.1(b8.1(b) have been met; (ii) the Supervening Event has caused or will cause the Applicant to suffer the effects from which or for which the Applicant seeks relief, extensions of timetime (including extensions of the Expiry Date pursuant to Section 8.4(d)), compensation and/or a termination right under this Part; and (iii) it has complied with its mitigation obligations under Section 3.1 3.2 [Mitigation by By Province] or Section 4.10 [Mitigation by Primary ContractorBy Concessionaire], as applicable; and (gh) following the delivery of a Supervening Event Notice under Section 9.2(a)8.2(a) hereof, the Province and the Primary Contractor Concessionaire shall consult and seek to agree to the effect of the relevant Supervening Event, provided that either of them may submit for resolution in accordance with the Dispute Resolution Procedure the question of:‌of: (i) whether such Supervening Event has occurred, if within 10 Business Days following the delivery of the Supervening Event Notice the Province and the Primary Contractor Concessionaire have not agreed to the occurrence of such Supervening Event; andand/or (ii) the extent of relief, extensions of time (including extensions of the Expiry Date pursuant to Section 8.4(d)) and/or compensation to which the Applicant is entitled, if within 20 Business Days following the exchange of all relevant information required under this Section 9.2 [Procedures Upon Occurrence of a Supervening Event]Section, the Province and the Primary Contractor Concessionaire have not agreed to the extent of such relief, extensions of time (including extensions of the Expiry Date pursuant to Section 8.4(d)) and/or compensation.‌compensation.

Procedures Upon Occurrence of a Supervening Event. ‌ The following procedures shall apply if a Supervening Event occurs: (a) as soon as practicable, and in any event within five Business Days after the Applicant has knowledge that the Supervening Event has caused, or is reasonably likely to cause, an entitlement under this Part 98 (or would have caused an entitlement under this Part 8 but for the application of Section 8.1(b)(i)(A)(1)), the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province, a notice (a “Supervening Event Notice”), ) identifying the particular Supervening Event and summarizing, to the extent the Applicant has knowledge thereof, the consequences and the nature of the Applicant’s claim;‌‌claim; (b) following the delivery of a Supervening Event Notice, as soon as practicable, and in any event within 30 Business Days after the delivery of the Supervening Event Notice, the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province,: (i) any additional details or information, including available supporting documentation, in support of its claim in respect of the occurrence of the Supervening Event;; and (ii) if applicable, a detailed breakdown of all estimated Direct Losses that have been, will be or are reasonably likely to be incurred by the Applicant as a result of the Supervening Event; and (iii) all other relevant information which would be required to be included in a Change Report under Section 2.3 [Preparation of Change Report] of Schedule 10 [Changes] 11 if such Supervening Event was a Province Change; (c) if a Supervening Event for which a Supervening Event Notice has been delivered ceases, the Applicant shall give to the Province, where the Applicant is the Primary ContractorProject Co, or to the Primary ContractorProject Co, where the Applicant is the Province, as soon as practicable notice thereof and of when performance of its affected obligations can be resumed;‌resumed; (d) a party may not make multiple or duplicative claims in respect of any Supervening Event, and the relief, extensions of time, compensation and/or or termination right in respect of a Supervening Event as is agreed to by the parties or otherwise determined in accordance with the Dispute Resolution Procedure pursuant to Section 9.2(g)(ii8.2(h)(i)(B) shall be the only relief, extensions of time, compensation and/or or termination right to which the Applicant shall be entitled in respect of such Supervening Event; (e) the other party shall provide the Applicant with any information reasonably requested by the Applicant in order for the Applicant to make its claim; (f) the Applicant shall demonstrate to the reasonable satisfaction of the Province, where the Applicant is the Primary Contractor, or the Primary Contractor, where the Applicant is the Province, that: (i) the applicable criteria required under Section 9.1(b) have been met; (ii) the Supervening Event has caused or will cause the Applicant to suffer the effects from which or for which the Applicant seeks relief, extensions of time, compensation and/or a termination right under this Part; and (iii) it has complied with its mitigation obligations under Section 3.1 [Mitigation by Province] or Section 4.10 [Mitigation by Primary Contractor], as applicable; and (g) following the delivery of a Supervening Event Notice under Section 9.2(a), the Province and the Primary Contractor shall consult and seek to agree to the effect of the relevant Supervening Event, provided that either of them may submit for resolution in accordance with the Dispute Resolution Procedure the question of:‌ (i) whether such Supervening Event has occurred, if within 10 Business Days following the delivery of the Supervening Event Notice the Province and the Primary Contractor have not agreed to the occurrence of such Supervening Event; and (ii) the extent of relief, extensions of time and/or compensation to which the Applicant is entitled, if within 20 Business Days following the exchange of all relevant information required under this Section 9.2 [Procedures Upon Occurrence of a Supervening Event], the Province and the Primary Contractor have not agreed to the extent of such relief, extensions of time and/or compensation.‌