Relief Events. The terms “Force Majeure Events” and “
Relief Events. Subject to Clause 13.3, and notwithstanding any other provision of this Agreement, the Supplier shall have no liability for failure to perform the Services or its other obligations under this Agreement if it is prevented, hindered or delayed in doing so as a result of any Relief Event.
Relief Events.
13.1 Notwithstanding any other provision of this Agreement, if the Contractor has failed to provide the Services and/or comply with its obligations under this Agreement (each a "Contractor Non-Performance"), and can demonstrate that a DCC Cause contributed to the Contractor Non-Performance, then (subject to the Contractor fulfilling its obligations in this Clause 13):-
13.1.1 the Contractor shall not be treated as being in breach of this Agreement to the extent the Contractor can demonstrate that the Contractor Non- Performance was caused by the DCC Cause; and
13.1.2 the DCC shall not be entitled to exercise any rights that may arise as a result of that Contractor Non-Performance to terminate this Agreement pursuant to Clause 46.2.1.
13.2 In order to claim any of the relief referred to in Clause 13.1, the Contractor shall as soon as reasonably practicable (and in any event within five (5) Business Days) after becoming aware of the DCC Cause, or that a DCC Cause is reasonably likely to arise which may result in a Contractor Non-Performance, give the DCC notice (a "Relief Notice") setting out details of:-
13.2.1 the DCC Cause and its effect, or likely effect, on the Contractor's ability to meet its obligations under this Agreement;
13.2.2 any steps which the DCC can take to eliminate or mitigate the consequences and impact of such DCC Cause; and
13.2.3 the relief claimed by the Contractor.
13.3 Following the receipt of a Relief Notice, the DCC shall as soon as reasonably practicable consider the nature of the Contractor Non-Performance and the alleged DCC Cause and whether it agrees with the Contractor's assessment set out in the Relief Notice as to the effect of the relevant DCC Cause and its entitlement to relief, consulting with the Contractor where necessary.
13.4 The Contractor shall use all reasonable endeavours, at DCC’s cost, to eliminate or mitigate the consequences and impact of the DCC Cause.
Relief Events. The terms “
Relief Events. 25.1 For the purposes of this Agreement, subject to Clause 25.4 (Mitigation), Relief Events mean any of the following events:
25.1.1 fire, explosion, lightning, xxxxx, xxxxxxx, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute Force Majeure), earthquake, riot or civil commotion;
25.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services; 70 See note at Clauses 14.6 to 14.8.
25.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
Relief Events. 8.1 Notwithstanding any other provision of this Agreement, if the Contractor has failed to provide the Services, failed to Achieve a Milestone by its Milestone Date and/or failed to comply with its obligations under this Agreement (each a "Contractor Non- Performance"), and can demonstrate that the Contractor Non-Performance would not have occurred but for a DCC Cause or Other Service Provider Cause, then (subject to the Contractor fulfilling its obligations in this Clause 8):
8.1.1 the Contractor shall not be treated as being in breach of this Agreement to the extent that it can demonstrate that the Contractor Non-Performance was caused by a DCC Cause or Other Service Provider Cause and, subject to Clause 8.4, the Contractor shall be entitled to such additional direct costs that it can demonstrate have been reasonably incurred as a consequence of such DCC Cause or Other Service Provider Cause; and
8.1.2 the DCC shall not be entitled to exercise any rights that may arise as a result of that Contractor Non-Performance to terminate this Agreement pursuant to Clause 27.3.
8.2 In order to claim any of the relief referred to in Clause 8.1, the Contractor shall:-
8.2.1 as soon as reasonably practicable (and in any event within five (5) Working Days) after becoming aware of the DCC Cause or Other Service Provider Cause, or that a DCC Cause or Other Service Provider Cause is reasonably likely to arise which may result in a Contractor Non-Performance, give the DCC written notice of its intention to serve a Relief Notice; and
8.2.2 as soon as reasonably practicable (and in any event within three (3) Working Days) of the date of the written notice pursuant to Clause 8.2.1, give the DCC further written notice (a "Relief Notice") setting out details of:-
(a) the Contractor Non-Performance;
(b) the DCC Cause or Other Service Provider Cause and its effect, or likely effect, on the Contractor's ability to meet its obligations under this Agreement;
(c) any steps which the DCC can take to eliminate or mitigate the consequences and impact of such DCC Cause or Other Service Provider Cause; and
(d) the relief claimed by the Contractor.
8.3 Following the receipt of a Relief Notice, the DCC shall as soon as reasonably practicable consider the nature of the Contractor Non-Performance and the alleged DCC Cause or Other Service Provider Cause and whether it agrees with the Contractor's assessment set out in the Relief Notice as to the effect of the relevant DCC Cause or Other Servi...
Relief Events. 31.1 For the purposes of this Agreement, subject to Clause 31.4 (Mitigation), Relief Events mean any of the following events:
31.1.1 fire, explosion, lightning, xxxxx, xxxxxxx, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute Force Majeure), earthquake, riot or civil commotion;
31.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
31.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
31.1.4 without prejudice to any obligation of Project Co to provide stand-by power facilities in accordance with the Authority's Construction Requirements and the Service Level Specification, failure or shortage of power, fuel or transport;
31.1.5 blockade or embargo falling short of Force Majeure;
31.1.6 the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 (Fossils and Antiquities); or
31.1.7 official or unofficial strike, lockout, go slow or other dispute in each case generally affecting the construction, building maintenance or facilities management industry (or a significant sector of that industry), provided in each case that such event does not arise (directly or indirectly) as a result of any wilful act or default of the party claiming relief and/or (i) in the case of 66 See note at Clause 14.8. Project Co claiming relief, any Project Co Party and (ii) in the case of the Authority claiming relief, any Authority Party.
31.2 Subject to Clauses 31.3 (Relief Events) and 31.4 (Mitigation), no right of termination shall arise under this Agreement by reason of any failure by a party to perform any of its obligations under this Agreement to the extent that such failure to perform occurs because of the occurrence of a Relief Event (and, to avoid doubt, and without prejudice to Clause 31.9 (Mitigation), unless expressly stated to the contrary in this Agreement, it is acknowledged that all other rights and obligations of the parties under this Agreement remain unaffected by the occurrence of a Relief Event).
Relief Events. 12.3.1 If, as a direct result of the occurrence of a Relief Event, Developer becomes aware that the Relief Event has caused or is likely to cause Developer to fail to:
12.3.1.1 commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline), suffer further delay in the achievement of Construction Commencement; and/or
12.3.1.2 achieve D&C Work Completion by the Original D&C Work Completion Deadline or (following the D&C Work Completion Deadline) suffer further delay in the achievement of D&C Work Completion; and/or
12.3.1.3 comply with any of its obligations under this Agreement, then Developer is entitled to claim an extension to the Construction Commencement Deadline and/or the Long Stop Deadline and/or relief from any rights of the Authority arising under Section 24.4 (Termination for Developer Default), in each case in accordance with this Article 12 (Supervening Events).
Relief Events. (a) If, as a direct result of the occurrence of a Relief Event, the Development Entity becomes aware that the Relief Event has caused or is likely to cause the Development Entity to fail to:
(i) achieve CNG Readiness in respect of any Project Site by the applicable CNG Readiness Deadline or (following the applicable CNG Readiness Deadline) suffer further delay in the achievement of CNG Readiness at such Project Site; and/or
(ii) achieve Site Completion in respect of any of the Project Sites by the Site Completion Deadline; and/or
(iii) comply with any of its obligations under this PPA, then the Development Entity is entitled to request an extension to the applicable CNG Readiness Deadline and/or the applicable Long Stop Deadline and/or the Site Completion Deadline and/or relief from any rights of the Department arising under Section 24.5 (Termination for Development Entity Default) and/or relief from any costs or expenses that accrue pursuant to Section 7.9 (Late Completion Costs) or any liquidated damages accrue pursuant to Section 11.4 (Liquidated Damages), in each case in accordance with this Article 12 (Supervening Events).
Relief Events. 18.1 Subject to Clause 13.2, and notwithstanding any other provision of this Agreement, Ultima shall have no liability for failure to perform the Services or its other obligations under this Agreement if it is prevented, hindered or delayed in doing so as a result of any Relief Event.
