Relief Events. 30.1 For the purposes of this Agreement, subject to Clause 30.4, Relief Events mean any of the following events: 30.1.1 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; 30.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services; 30.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same; 30.1.4 without prejudice to any obligation of Project Co to provide stand--by power facilities in accordance with the Authority's Construction Requirements, the Service Level Specification, failure or shortage of power, fuel or transport; 30.1.5 blockade or embargo falling short of Force Majeure; 30.1.6 the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 (Fossils and Antiquities); or 30.1.7 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 Project Co claiming relief, any Project Co Party and (ii) in the case of the Authority claiming relief, any Authority Party. 30.2 Subject to Clauses 30.3 and 30.4, 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 30.9, 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). 30.3 Without prejudice to Project Co's rights under Clause 29 (Delay Events), Project Co shall only be relieved of its obligations under Clauses 12 (The Design, Construction and Commissioning Process), 13 (Right of Access of Authority's Representative), 14 (Programme and Dates for Completion), 17 (Pre-Completion Commissioning and Completion) and 29 (Delay Events) by Delay Events in accordance with Clause 29 (Delay Events).
Appears in 1 contract
Samples: Standard Form Project Agreement
Relief Events. 30.1 For the purposes of this Agreement, subject to Clause 30.423.4 (Mitigation), Relief Events mean any of the following events:
30.1.1 events:-33 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;
30.1.2 commotion;34 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
30.1.3 ; accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
30.1.4 without prejudice to any obligation of Project Co to provide stand--by power facilities in accordance with the Authority's Construction Requirements, the Service Level Specification, failure or shortage of power, fuel or transport;
30.1.5 ; blockade or embargo falling short of Force Majeure;
30.1.6 ; the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 19. (Fossils and Antiquities); or
30.1.7 or official or unofficial strike, lockout, go slow or other dispute in each case generally affecting the construction, construction or 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 Project Co hubco claiming relief, any Project Co hubco Party and (ii) in the case of the Authority claiming relief, any Authority Party.
30.2 . Subject to Clauses 30.3 23.3 and 30.423.4, 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 30.923.9 (No Compensation), 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).
30.3 . Without prejudice to Project Coxxxxx's rights under Clause 29 (Delay 22.(Delay Events), Project Co hubco shall only be relieved of its obligations under Clauses 12 12. (The Design, Construction and Commissioning Process), 13 13. (Right of Access of Authority's Representative), 14 14. (Programme and Dates for Completion), 17 16. (Pre-Completion Pre‑Completion Commissioning and Completion) and 29 22. (Delay Events) by Delay Events in accordance with Clause 29 22. (Delay Events).
Appears in 1 contract
Relief Events. 30.1 For the purposes of this Agreement, subject to Clause 30.4, Relief Events mean any of the following events:
30.1.1 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;
30.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
30.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
30.1.4 without prejudice to any obligation of Project Co Sub-hubco to provide stand--stand- by power facilities in accordance with the Authority's Construction Requirements, the Service Level Specification, failure or shortage of power, fuel or transport;
30.1.5 blockade or embargo falling short of Force Majeure;
30.1.6 the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 (Fossils and Antiquities); or
30.1.7 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 Project Co Sub-hubco claiming relief, any Project Co Sub-hubco Party and (ii) in the case of the Authority claiming relief, any Authority Party.
30.2 Subject to Clauses 30.3 and 30.4, 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 30.9, 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).
30.3 Without prejudice to Project CoSub-hubco's rights under Clause 29 (Delay Events), Project Co Sub-hubco shall only be relieved of its obligations under Clauses 12 (The Design, Construction and Commissioning Process), 13 (Right of Access of Authority's Representative), 14 (Programme and Dates for Completion), 17 (Pre-Completion Commissioning and Completion) and 29 (Delay Events) by Delay Events in accordance with Clause 29 (Delay Events).
Appears in 1 contract
Samples: Project Agreement
Relief Events. 30.1 31.1 For the purposes of this Agreement, subject to Clause 30.431.4 (Mitigation), Relief Events mean any of the following events:
30.1.1 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;
30.1.2 31.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
30.1.3 31.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
30.1.4 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, Requirements and the Service Level Specification, failure or shortage of power, fuel or transport;
30.1.5 31.1.5 blockade or embargo falling short of Force Majeure;
30.1.6 31.1.6 the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 (Fossils and Antiquities); or
30.1.7 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.
30.2 31.2 Subject to Clauses 30.3 31.3 (Relief Events) and 30.431.4 (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 30.931.9 (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).
30.3 Without prejudice to Project Co's rights under Clause 29 (Delay Events), Project Co shall only be relieved of its obligations under Clauses 12 (The Design, Construction and Commissioning Process), 13 (Right of Access of Authority's Representative), 14 (Programme and Dates for Completion), 17 (Pre-Completion Commissioning and Completion) and 29 (Delay Events) by Delay Events in accordance with Clause 29 (Delay Events).
Appears in 1 contract
Samples: Project Agreement
Relief Events. 30.1 42.1 For the purposes of this Agreement, subject to Clause 30.442.4 (Mitigation), Relief Events mean any of the following events:
30.1.1 (a) 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;
30.1.2 (b) failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
30.1.3 (c) accidental loss or damage to the Works and/or Facilities and/or the Existing Facilities or any roads servicing the same;
30.1.4 (d) without prejudice to any obligation of Project Co to provide stand---by power facilities in accordance with the AuthorityBoard's Construction Requirements, Requirements or the Service Level SpecificationSpecifications, failure or shortage of power, fuel or transport;
30.1.5 (e) blockade or embargo falling short of Force Majeure;
30.1.6 (f) the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 24 (Fossils and Antiquities); or
30.1.7 (g) 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 Project Co claiming relief, any Project Co Party and (ii) in the case of the Authority Board claiming relief, any Authority Board Party.
30.2 42.2 Subject to Clauses 30.3 42.3 and 30.442.4, 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 30.942.9 (No Compensation), 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).
30.3 42.3 Without prejudice to Project Co's rights under Clause 29 41 (Delay Events), Project Co shall only be relieved of its obligations under Clauses 12 17 (The Design, Construction and Commissioning Process), 13 18 (Right of Access of AuthorityBoard's Representative), 14 19 (Programme and Dates for Completion), 17 ) 22 (Pre-Completion Commissioning and Completion) and 29 41 (Delay Events) by Delay Events in accordance with Clause 29 41 (Delay Events).
42.4 Where a party is (or claims to be) affected by a Relief Event:
(a) it shall take all reasonable steps to mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Relief Event as soon as practicable and use all reasonable endeavours to remedy its failure to perform; and
(b) it shall not be entitled to rely upon the relief afforded to it pursuant to Clause 42.2 of this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to its failure (if any) to comply with its obligations under Clause 42.4(a) above.
42.5 The party claiming relief shall serve written notice on the other party within five (5) Business Days of it becoming aware of the relevant Relief Event. Such initial notice shall give sufficient details to identify the particular event claimed to be a Relief Event.
42.6 A subsequent written notice shall be served by the party claiming relief on the other party within a further five (5) Business Days of the notice referred to in Clause 42.5 which shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including (without limitation) the effect of the Relief Event on the ability of the party to perform, the action being taken in accordance with Clause 42.4, the date of the occurrence of the Relief Event and an estimate of the period of time required to overcome it (and/or its effects).
42.7 The party claiming relief shall notify the other as soon as the consequences of the Relief Event have ceased and of when performance of its affected obligations can be resumed.
42.8 If, following the issue of any notice referred to in Clause 42.6, the party claiming relief 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 other party as soon as reasonably possible.
42.9 To avoid doubt, the occurrence of a Relief Event shall not entitle Project Co to any compensation.
Appears in 1 contract
Samples: Project Agreement
Relief Events. 30.1 For the purposes of this Agreement, subject to Clause 30.4, Relief Events mean any of the following events:
30.1.1 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;
30.1.2 failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
30.1.3 accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
30.1.4 without prejudice to any obligation of Project DBFM Co to provide stand--stand by power facilities in accordance with the Authority's ’s Construction Requirements, the Service Level Specification, failure or shortage of power, fuel or transport;
30.1.5 blockade or embargo falling short of Force Majeure;
30.1.6 the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 19 (Fossils and Antiquities); or
30.1.7 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 Project DBFM Co claiming relief, any Project DBFM Co Party and (ii) in the case of the Authority claiming relief, any Authority Party.
30.2 Subject to Clauses 30.3 and 30.4, 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 30.9, 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).
30.3 Without prejudice to Project DBFM Co's ’s rights under Clause 29 (Delay Events), Project DBFM Co shall only be relieved of failure to perform its obligations under Clauses 12 (The Design, Construction and Commissioning Process), 13 (Right of Access of Authority's ’s Representative), 14 (Programme and Dates for Completion), 17 (Pre-Completion Commissioning and Completion) and 29 (Delay Events) by Delay Events in accordance with Clause 29 (Delay Events). Mitigation
30.4 Where a party is (or claims to be) affected by a Relief Event:
30.4.1 it shall take all reasonable steps to mitigate the consequences of such an event upon the performance of its obligations under this Agreement, resume performance of its obligations affected by the Relief Event as soon as practicable and use all reasonable endeavours to remedy its failure to perform; and
30.4.2 it shall not be entitled to rely upon the relief afforded to it pursuant to Clause 30.2 of this Agreement to the extent that it is not able to perform, or has not in fact performed, its obligations under this Agreement due to its failure (if any) to comply with its obligations under Clause 30.4.1 above.
30.5 The party claiming relief shall serve written notice on the other party within five (5) Business Days of it becoming aware of the relevant Relief Event. Such initial notice shall give sufficient details to identify the particular event claimed to be a Relief Event.
30.6 A subsequent written notice shall be served by the party claiming relief on the other party within a further five (5) Business Days of the notice referred to in Clause 30.5 which shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including (without limitation) the effect of the Relief Event on the ability of the party to perform, the action being taken in accordance with Clause 30.4, the date of the occurrence of the Relief Event and an estimate of the period of time required to overcome it (and/or its effects).
30.7 The party claiming relief shall notify the other as soon as the consequences of the Relief Event have ceased and of when performance of its affected obligations can be resumed.
30.8 If, following the issue of any notice referred to in Clause 30.6, the party claiming relief 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 other party as soon as reasonably possible.
30.9 To avoid doubt, and subject to any other express provision of this Agreement, the occurrence of a Relief Event shall not entitle DBFM Co to any compensation.
Appears in 1 contract
Samples: Construction Contract
