Relief Events Sample Clauses
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. (a) The Supplier shall only be relieved of its obligation to perform its obligations pursuant to this Agreement (including the provision of the Services and/or the Deliverables and compliance with any particular timetables or milestones) if and to the extent:
(i) the Supplier's non-performance results directly from a Relief Event;
(ii) the Supplier uses Reasonable Endeavours to mitigate the Relief Event and to perform the Services notwithstanding the Relief Event; and
(iii) the Supplier immediately notifies HSBC's Global Head of Learning Operations as soon as the Supplier becomes aware of the Relief Event via a notice of the relevant failure to perform an HSBC Requirement (Relief Notice).
(b) Such Relief Notice shall specify the following information:
(i) the affected Services;
(ii) the cause(s) of the delay or interruption; and RESTRICTED – Further Amended and Restated Global Outsourcing Services Agreement 41 HSBC Global Services (UK) Limited/GP Strategies Limited Further Amended and Restated Global Outsourcing Services Agreement ¨ 2018
(iii) details of the extent of the likely delay or interruption.
(c) Relief Notices shall only bind HSBC when it has confirmed in writing that it accepts the contents of the particular Relief Notice. Any dispute as to any submitted Relief Notice shall be submitted for resolution in accordance with the clause 26 (Disputes).Notwithstanding the submission of a Relief Notice, the Supplier shall perform and/or recommence performance of the affected Services as soon as possible.
(d) The provisions of clause 17.2(a) are the Supplier's exclusive remedy for any Relief Event.
(e) Without prejudice to clause 17.2(d) and the Supplier's obligations under the Agreement, the Supplier will notify HSBC in writing immediately on becoming aware that it will be unable to perform, or has not performed, its obligations in accordance with the terms of the Agreement (an Early Warning Notice). The Early Warning Notice shall provide as much detail as is reasonably available to the Supplier so as to describe the affected elements of its obligations, the reason for the disruption and the steps the Supplier will undertake to prevent the disruption and/or mitigate the effects of the disruption. The Supplier will provide regular status updates and will, in any event, immediately notify HSBC in the event of a material change in circumstances. Unless agreed in writing by HSBC by express reference to clause 41.4 (Waiver) and 41.5 (Cumulative Nature of Reme...
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. 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) Subject to Clauses 8.1(c) and (d) the Subcontractor shall not be in breach of this Agreement to the extent the breach is a direct result of a Relief Event.
(b) In this Agreement, Relief Event means a failure of the Contractor to carry out a Dependency in accordance with this Agreement.
(c) The Subcontractor shall not be entitled to claim that a breach is a direct result of a Relief Event pursuant to Clause 8.1(a) unless it:
(i) as soon as practicable, and in any event within 15 Business Days after it becomes aware that the Relief Event has caused or is likely to cause delay, breach of an obligation under this Agreement and/or the Subcontractor to incur costs, gives to the Contractor a notice in writing of its claim for an extension of time or relief from its obligations under this Agreement;
(ii) within 10 Business Days after receipt by the Contractor of the notice referred to in Clause 8.1 (c)(i) gives full details of the Relief Event and relief claimed; and
(iii) demonstrates to the reasonable satisfaction of the Contractor that:
(A) the Relief Event was the direct cause of the cost incurred and/or the Contractor's failure to comply with its obligations under this Agreement; and
(B) the cost incurred and/or relief from the obligations under this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Subcontractor acting in accordance with Good Industry Practice.
(d) Following service of a notice by the Subcontractor pursuant to Clause 8.1(c), the Subcontractor shall promptly supply to the Contractor all further information relating to the claim which:
(i) is received by the Subcontractor; or
(ii) is reasonably requested by the Contractor.
(e) If the Subcontractor has complied with its obligations under Clauses 8.1(c) and (d):
(i) in the case of an additional cost being directly incurred by the Subcontractor, the Contractor shall compensate the Subcontractor for the actual costs reasonably incurred by the Subcontractor as a result of the Relief Event in excess of £[] (so that only the excess of that amount is recoverable) within [20] Business Days after receipt of a written demand by the Subcontractor supported by reasonably detailed evidence in writing that the costs have in fact been incurred; and
(ii) the Contractor shall give the Subcontractor relief from its obligations under this Agreement which is reasonable for the relevant Relief Event.
(f) If information is provided after the dates referred to in Clause 8.1(...
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. (i) and (j)