Relief Event Sample Clauses

Relief Event. If, and to the extent, BNY Mellon’s performance of an obligation pursuant to the Agreement is (1) prevented or delayed by the failure of Voya or any Voya Agent(s) to timely perform any of their obligations pursuant to the Agreement, (2) inaccurate due to the inaccuracy or incompleteness of Voya Data or Third Party Data (except to the extent such inaccurate or incomplete Third Party Data originates with a BNY Mellon Agent), then BNY Mellon shall be excused for such non-performance (or inaccurate performance) of its obligation and shall not be in breach of the Agreement or subject to liability under the Agreement for as long as such non-performance by Voya or such Voya Agent(s) continues or to the extent BNY Mellon’s inaccurate performance is the result of such inaccurate or incomplete Voya Data or Third Party Data (a “Relief Event”); provided that BNY Mellon (a) uses commercially reasonable efforts to mitigate the impact of such Relief Event, (b) continues to use commercially reasonable efforts (including emergency fixes and work-arounds) to perform such obligation, and (c) provides Voya notice of such non-performance by Voya as soon as is reasonably practicable after BNY Mellon knows of such non-performance or knows of such inaccurate or incomplete Voya Data or Third Party Data, but in no event later than 72 hours after actual discovery of such non-performance or inaccurate or incomplete Voya Data or Third Party Data, describing in reasonable detail the nature of such non-performance.
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Relief EventCognizant Group shall be excused for its non-performance of an obligation under this Agreement for as long as, and to the extent, Cognizant Group’s performance of such obligation is directly prevented by (1) the failure of NAIC Group or an NAIC Agent to perform any of its obligations under this Agreement (including, subject to a root cause analysis, a failure of a system provided by NAIC Group or an NAIC Agent to perform in accordance with the requirements set forth in an SOW, provided such failure is not due to an act or omission of Cognizant or its Affiliates); (2) a written or electronic agreement between the Cognizant Service Delivery Executive and NAIC Senior Executive to re-direct resources or priorities other than in the ordinary course of the Services (provided, however, that the Cognizant Service Delivery Executive notifies the NAIC Senior Executive prior to such agreement that such re-direction or re-prioritization shall cause such non-performance); or (3) incorrect or incomplete information provided by a third party that could not have been identified as incorrect or incomplete in connection with Cognizant Group’s performance of the Services or the exercise of reasonable judgment (a “Relief Event”); provided, however, that Cognizant Group (a) demonstrates the basis for the Relief Event was the primary cause of such non-performance, (b) uses commercially reasonable efforts to mitigate the impact of such Relief Event, (c) continues to use commercially reasonable efforts (including emergency fixes and workarounds) to perform such obligation and (d) provides NAIC Group notice of such non-performance describing in reasonable detail the nature of such non-performance as soon as possible after Cognizant Group (i) knows of such non-performance, but in no event later than one Business Day after Cognizant Group has such knowledge or (ii) should have known of such non-performance in which case Cognizant Group shall not be excused until after it provides notice of the non-performance.
Relief EventIn the event that there shall be a Relief Event and a Party claiming the Relief Event uses commercially reasonable efforts to mitigate the consequences of any time delay resulting therefrom (including, where possible, establishing a contingency plan on commercially reasonable terms which will allow such Party’s normal operations to be resumed within a reasonable time thereafter) and shall have provided Notice to either of the Owner or the Project Manager, as the case may be, with respect to the occurrence of the Relief Event within seven (7) days of its occurrence, the Project Manager or the Owner, as the case may be, shall be entitled to an extension of time with respect to the obligations of the Project Manager or the Owner, as the case may be, directly and adversely affected by the Relief Event equal to the time during which the Relief Event occurred.
Relief EventWithout limiting any of its other rights or remedies Morcan may (without liability) revise any anticipated delivery dates due to any delay caused by: 5.4.1. Any Relief Event, or any Force Majeure Event, including any act or omission of any third party beyond Morcan's reasonable control; or 5.4.2. Delays associated with the procurement of a Tail Circuit.
Relief Event. Mitigation and Where the City or Project Co is affected by a relief event, such party shall take commercially reasonable steps to mitigate the consequences of the relief event upon the performance of its obligations, shall resume performance of its obligations affected by the Process relief event as soon as practicable and shall use commercially reasonable efforts to remedy its failure to perform. Lack of compliance with the obligation to mitigate shall be taken into account in determining the party’s entitlement to relief. Force Majeure Force majeure events include the following events that are usually remote, uninsurable and are not within Project Co’s control: war, armed conflict, terrorism; nuclear or radioactive contamination; chemical or biological contamination; pressure waves; and the discovery of species at risk, fossils, artifacts, other artistic, historical archaeological objects, including human remains which mandate the abandonment of the design and construction works or the Highway 417 works. During the Construction Period, Project Co is compensated for a force majeure that becomes a delay event by an amount equivalent to all debt service (senior and junior) that Project Co would have otherwise repaid to its lenders had the delay event not occurred. During the Maintenance Term Project Co will be paid the full debt service (senior and junior) payments as well as compensation for services provided.
Relief Event. 15.3.1 The Project Co shall be entitled to request relief from performance of its obligations pursuant to Clause 15.2, to the extent that its ability to perform the same is adversely affected by any Relief Event. Any such request shall be made by service of a notice on the Trust’s Works Adviser within five Working Days of the Project Co becoming aware of the relevant Relief Event or, if later, of its failure to perform. Such initial notice shall give sufficient details as are necessary to identify the particular event claimed to be a Relief Event and shall, within a further five Working Days, be followed by a further notice from the Project Co to the Trust’s Works Adviser containing such relevant information relating to the Relief Event and/or any failure to perform as is available to the Project Co, including: (A) full details of the Relief Event, including its nature, the date of its occurrence and its duration; (B) the effect of the Relief Event on the Project Co’s ability to perform its obligations pursuant to Clause 15.2, including details of the relevant Works, the precise effect on their reinstatement and the likely duration of that effect; and (C) an explanation of any measures that the Project Co proposes or intends to adopt to mitigate the consequences of the Relief Event, save to the extent that it is not practicable to take mitigating action. 15.3.2 If, following the issue of any notice pursuant to Clause 15.3.1, the Project Co receives or becomes aware of any further information relating to the Relief Event and/or any failure to perform, it shall submit such further information to the Trust’s Works Adviser as soon as possible. The Trust’s Work Adviser may request from the Project Co any further information which the Trust’s Works Adviser may reasonably require to fulfil its obligations under Clause 15.3.3 and the Project Co shall supply the same within a reasonable period after such request.
Relief EventMitigation and Process Where the City or Project Co is affected by a relief event, such party shall take commercially reasonable steps to mitigate the consequences of the relief event upon the performance of its obligations, shall resume performance of its obligations affected by the relief event as soon as practicable and shall use commercially reasonable efforts to remedy its failure to perform. Lack of compliance with the obligation to mitigate shall be taken into account in determining the party’s entitlement to relief. Force Majeure Force majeure events include the following events that are usually remote, uninsurable and are not within Project Co’s control: war, armed conflict, terrorism; nuclear or radioactive contamination; chemical or biological contamination; pressure waves; and the discovery of species at risk, fossils, artifacts, other artistic, historical archaeological objects, including human remains which mandate the abandonment of the design and construction works or the Highway 417 works. During the Construction Period, Project Co is compensated for a force majeure that becomes a delay event by an amount equivalent to all debt service (senior and junior) that Project Co would have otherwise repaid to its lenders had the delay event not occurred. During the Maintenance Term Project Co will be paid the full debt service (senior and junior) payments as well as compensation for services provided. Project Co Default a) Project Co Events of Default Project Co event of default means any number of events or circumstances, including but not limited to the following examples: Project Co admits in writing its inability to pay its debts generally as they become due, or makes a general assignment for the benefit of creditors, or a receiver, etc., or any creditor of Project Co takes control, or takes steps to take control, of Project Co or any of Project Co’s assets, provided this event is not as a consequence of a breach by the City of its payment obligations and such proceedings have or will have a material adverse effect on the governmental activities or the availability of the OLRT system to system users; Project Co fails to achieve revenue service availability within 365 days after the required revenue service availability date; Project Co makes any representation or warranty that is false or misleading when made, and that has or will have a material adverse effect on the performance of the activities within the project scope, the governmental act...
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Relief Event. If, as a direct result of the occurrence of a Relief Event, NBPco is prevented from carrying out its obligations under this Agreement (including by being prevented from meeting a Milestone Date), then NBPco is entitled to apply for relief in accordance with the provisions of this Clause 18 (Relief Event).
Relief Event. 14.1 AS will not be in breach of this Agreement to the extent its failure to perform an obligation under this Agreement is a result of a Relief Event. 14.2 If a Relief Event occurs AS shall use reasonable endeavours to continue to perform the Services without incurring any additional direct costs. To the extent AS incurs any additional costs in performing the Services as a result of any Relief Event it shall be entitled to recover such additional costs from Customer.
Relief Event. If, and to the extent, Milliman Group’s performance of an obligation under this Agreement is directly prevented by the failure of Voya Group to perform any of its obligations under this Agreement, then Milliman Group shall be excused for its non-performance of its obligation for as long as, and to the extent that, such non-performance by Voya Group continues (a “Relief Event”); provided, however, that Milliman Group (1) demonstrates that any such non-performance by Voya Group was the cause of such Relief Event, (2) mitigates the impact of such Relief Event, (3) continues to use commercially reasonable efforts (including emergency fixes and workarounds) to perform such obligation and (4) provides Voya Group notice of such non-performance by Voya Group as soon as reasonably possible after Milliman Group knows or should have known of such non-performance, describing in reasonable detail the nature of such non-performance.
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