Relief Event Notice Clause Samples
A Relief Event Notice clause requires a party affected by a specific disruptive event (a "relief event") to formally notify the other party within a set timeframe. In practice, this means that if a party is unable to perform its contractual obligations due to circumstances like force majeure, equipment failure, or regulatory changes, it must promptly inform the counterparty, often providing details about the event and its expected impact. The core function of this clause is to ensure transparency and timely communication, enabling both parties to respond appropriately and manage the consequences of the disruption.
Relief Event Notice. 13.1.1.1 If at any time DB Team determines that a Relief Event has occurred or is imminent, DB Team shall promptly, submit a written Relief Event Notice to GDOT.
13.1.1.2 The Relief Event Notice shall include (a) a statement of the Relief Event upon which the claim of delay or inability to perform is based, including its nature, the date of its occurrence and its duration; (b) the effect of the Relief Event on DB Team’s ability to perform any of its obligations under the DB Documents, including details of the relevant obligations, an impacted delay analysis indicating all affected activities on any Critical Path (with activity durations, predecessor and successor activities and resources, including Float available pursuant to Article 3.3.5), and the likely duration of that effect; (c) an explanation of the measures that DB Team proposes to undertake to mitigate the delay and other consequences of the Relief Event; and (d) an estimate of the delay in performance of any obligations under the DB Documents attributable to the Relief Event. If a single Relief Event is a continuing cause of delay, only one Relief Event Notice shall be necessary.
13.1.1.3 If, following issuance of any Relief Event Notice, DB Team receives or becomes aware of any further information relating to the Relief Event and/or any delay in performance or failure to perform, it shall submit such further information to GDOT not later than seven (7) days of DB Team’s receipt or knowledge, as the case may be. GDOT may request from DB Team any further information that GDOT may reasonably require, and DB Team shall supply the same within a reasonable period after such request.
13.1.1.4 Time is of the essence in DB Team’s delivery of its written Relief Event Notice. Accordingly, if for any reason DB Team fails to deliver a Relief Event Notice in strict accordance with this Article 13.1:
(a) Within thirty (30) days following the date (herein the “starting date”) on which DB Team first became aware (or should have been aware, using all reasonable due diligence) of the Relief Event, DB Team shall be deemed to have irrevocably and forever waived and released the portion of any Claim or right to relief for adverse effect attributable to the Relief Event accruing after such thirty (30) day deadline and until the date DB Team submits the written Relief Event Notice; and
(b) Within one hundred eighty (180) days following the starting date, DB Team shall be deemed to have irrevocably and forever waived an...
Relief Event Notice. 15.1.1.1 If at any time Developer determines that a Relief Event has occurred or is imminent, Developer shall submit a written Relief Event Notice to IFA. IFA shall promptly acknowledge receipt of each Relief Event Notice.
15.1.1.2 The Relief Event Notice shall include, to the maximum extent of the information then-available:
a. A description of the Relief Event and its date of occurrence or inception in reasonable detail;
b. Developer’s current estimate of the anticipated adverse and beneficial effects of the Relief Event and the basis for such estimate;
c. Developer’s estimate of the Critical Path impact directly attributable to the Relief Event and the basis for such estimate;
d. If the Relief Event will likely impact the O&M Work, Developer’s initial analysis whether a Permitted Closure will be claimed;
e. Developer’s initial analysis of any adverse effect of the Relief Event on its ability to perform its obligations under this Agreement; and
f. The actions Developer has taken prior to the Relief Event Notice to prevent, and proposes to take thereafter to mitigate, the cost, delay and other consequences of the Relief Event.
15.1.1.3 The nature and scope of the potential Claim stated in the Relief Event Notice shall remain consistent (except for reductions) for the remainder of the Claim process and, if applicable, during any subsequent Dispute Resolution Procedures, except with respect to consequences of a Relief Event that (a) are of a different nature or scope, (b) first arise or occur after the Relief Event Notice is delivered, and (c) could not have been anticipated through the exercise of reasonable diligence and Good Industry Practice prior to delivering the Relief Event Notice. If any such new consequences arise or occur prior to submission of the Relief Request, Developer shall report them to IFA by a supplemental Relief Event Notice.
15.1.1.4 Developer shall submit the Relief Event Notice on a standardized form approved by IFA.
15.1.1.5 Developer shall assign an exclusive identification number for each Relief Event Notice, determined by chronological sequencing. The exclusive identification number shall be used on each of the following corresponding documents: (i) Relief Request; (ii) supplemental Notices and submissions pertaining to the Relief Event Notice; and (iii) full and final documentation of the Claim.
15.1.1.6 If a single Relief Event is a continuing cause of delay, only one Relief Event Notice shall be necessary.
Relief Event Notice. The Progressive Contractor shall provide notice to the Department within 15 Days after the date on which the Progressive Contractor first knew or should have known that a Relief Event occurred or is imminent (the Relief Event Notice). The Relief Event Notice shall include a reasonably detailed description of the Relief Event, relevant circumstances, an initial estimate of the approximate number of Days of delay to the Critical Path of affected Baseline Pricing Package Schedules, if any, and the approximate additional costs the Progressive Contractor will incur as a result of the Relief Event. The Relief Event Notice shall also describe the efforts of the Progressive Contractor that have been (or are going to be) undertaken to overcome, remove the Relief Event, or to mitigate the adverse effects of the Relief Event. If the Progressive Contractor fails to deliver the Relief Event Notice within such 15 Days, then the Progressive Contractor shall have irrevocably and forever waived and released the portion of any Claim or right to relief for the adverse effect attributable to the Relief Event occurring before the date of actual delivery of a Relief Event Notice.