Common use of Relief Events Clause in Contracts

Relief Events. This Article 13 sets forth the requirements for obtaining monetary and schedule relief under the Contract Documents due to Relief Events. DBT hereby acknowledges and agrees that the Contract Price provides for full compensation for performance of all the Work, and the Completion Deadlines provide reasonable and adequate time to perform the Work required within the Completion Deadlines, subject only to those exceptions specified in this Article 13. The compensation amounts, Completion Deadline adjustments, and performance relief specified in this Article 13 shall represent the sole and exclusive right against KYTC, the Commonwealth and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees to compensation, damages, deadline extension, and performance relief for the adverse financial and schedule effects of any event affecting the Work, the Project or DBT. No award of compensation or damages shall be duplicative. DBT unconditionally and irrevocably waives the right to any claim against KYTC, the Commonwealth, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees for any monetary compensation, Completion Deadline adjustment or other relief except to the extent specifically provided in this Article 13. The foregoing waiver encompasses all theories of liability, whether in contract, tort (including negligence), strict liability, equity, quantum meruit or otherwise, and encompasses all theories to extinguish contractual obligations, including impracticability, mutual or unilateral mistake, and frustration of purpose. Notwithstanding anything to the contrary herein, no liability of DBT that arose before the occurrence of the Relief Event giving rise to a claim under this Article 13 shall be excused as a result of the occurrence. Nothing in Exhibit 3 (Technical Provisions) shall have the intent or effect or shall be construed to create any right of DBT to any claim for additional monetary compensation, Completion Deadline adjustment or other relief. The provisions of this paragraph shall not affect DBT’s rights and protections under Section 6.7 or DBT’s remedies under the Contract Documents in the event of an KYTC Default or upon early termination of this Agreement.

Relief Events. ‌ This Article 13 15 sets forth the requirements for obtaining schedule and monetary and schedule relief under the Contract PPA Documents due to Relief Events. DBT Developer hereby acknowledges and agrees that the Contract Price provides Milestone Payments and Availability Payments provide for full compensation for performance of all the Work, and the Completion Milestone Schedule Deadlines provide reasonable and adequate time to perform the Work required within the Completion Milestone Schedule Deadlines, subject only to those exceptions specified in this Article 1315. The compensation amounts, Completion Deadline adjustments, deadline extensions and performance relief specified in this Article 13 15 shall represent the sole and exclusive right against KYTCIFA, the Commonwealth and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees to compensation, damages, deadline extension, and performance relief for the adverse financial and schedule effects of any event affecting the WorkDepartment, the Project or DBT. No award of compensation or damages shall be duplicative. DBT unconditionally and irrevocably waives the right to any claim against KYTC, the CommonwealthState, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultantsconsultants and employees to compensation, damages, deadline extension and performance relief for the adverse financial and schedule effects of any event affecting the Work, the East End Crossing or Developer. No award of compensation or damages shall be duplicative. Developer unconditionally and irrevocably waives the right to any claim against IFA, the Department, the State, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants and employees for any monetary compensation, Completion Deadline adjustment schedule relief or other relief except to the extent specifically provided in this Article 1315. The foregoing waiver is limited solely to the occurrence of Relief Events and encompasses all theories of liability, whether in contract, tort (including negligence), strict liability, equity, quantum meruit or otherwise, and encompasses all theories to extinguish contractual obligations, including impracticability, mutual or unilateral mistake, mistake and frustration of purpose. Notwithstanding anything to the contrary herein, no liability of DBT that arose before the occurrence of the Relief Event giving rise to a claim under this Article 13 shall be excused as a result of the occurrence. Nothing in Exhibit 3 (the Technical Provisions) Provisions shall have the intent or effect or shall be construed to create any right of DBT Developer to any claim for additional monetary compensation, Completion Deadline adjustment schedule relief or other relief, any provision in the Technical Provisions to the contrary notwithstanding with respect to Relief Events. The provisions of this paragraph shall not affect DBT’s rights and protections under Section 6.7 or DBTDeveloper’s remedies under the Contract PPA Documents in the event of an KYTC IFA Default or upon early termination of this AgreementAgreement prior to the stated expiration of the Term.

Relief Events. ‌ This Article 13 15 sets forth the requirements for obtaining schedule and monetary and schedule relief under the Contract PPA Documents due to Relief Events. DBT Developer hereby acknowledges and agrees that the Contract Price provides Milestone Payments and Availability Payments provide for full compensation for performance of all the Work, and the Completion Project Schedule Deadlines provide reasonable and adequate time to perform the Work required within the Completion Project Schedule Deadlines, subject only to those exceptions specified in this Article 1315. The compensation amounts, Completion Deadline adjustments, deadline extensions and performance relief specified in this Article 13 15 shall represent the sole and exclusive right against KYTCIFA, the Commonwealth and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees to compensation, damages, deadline extension, and performance relief for the adverse financial and schedule effects of any event affecting the WorkDepartment, the Project or DBT. No award of compensation or damages shall be duplicative. DBT unconditionally and irrevocably waives the right to any claim against KYTC, the CommonwealthState, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultantsconsultants and employees to compensation, damages, deadline extension and performance relief for the adverse financial and schedule effects of any event affecting the Work, the Project or Developer. No award of compensation or damages shall be duplicative. Developer unconditionally and irrevocably waives the right to any claim against IFA, the Department, the State, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants and employees for any monetary compensation, Completion Deadline adjustment schedule relief or other relief except to the extent specifically provided in this Article 1315 or otherwise as specifically provided in this Agreement. The foregoing waiver is limited solely to the occurrence of Relief Events and encompasses all theories of liability, whether in contract, tort (including negligence), strict liability, equity, quantum meruit or otherwise, and encompasses all theories to extinguish contractual obligations, including impracticability, mutual or unilateral mistake, mistake and frustration of purpose. Notwithstanding anything to the contrary herein, no liability of DBT Developer that arose before the occurrence of the Relief Event giving rise to a claim under this Article 13 15 shall be excused as a result of the occurrence. Nothing in Exhibit 3 (the Technical Provisions) Provisions shall have the intent or effect or shall be construed to create any right of DBT Developer to any independent claim for additional monetary compensation, Completion Deadline adjustment schedule relief or other reliefrelief separate and apart from the right to make such claims as provided in this Article 15, any provision in the Technical Provisions to the contrary notwithstanding, in each case with respect to Relief Events; provided, that, any reports, maps or other information attached to or incorporated into the Technical Provisions as well as changes to the Technical Provisions may serve as the basis for making claims with respect to Relief Events as provided in this Article 15. The provisions of this paragraph shall not affect DBT’s rights and protections under Section 6.7 or DBTDeveloper’s remedies under the Contract PPA Documents in the event of an KYTC IFA Default or upon early termination of this AgreementAgreement prior to the stated expiration of the Term.

Relief Events. This Article 13 sets forth the requirements for obtaining monetary and schedule relief under the Contract Documents due to Relief EventsEvents defined in Exhibit 1 (Abbreviations and Definitions). DBT hereby acknowledges and agrees that the Contract Price provides for full compensation for performance of all the Work, and the Completion Deadlines provide reasonable and adequate time to perform the Work required within the Completion Deadlines, subject only to those exceptions specified in this Article 13. The compensation amounts, Completion Deadline adjustments, and performance relief specified in this Article 13 shall represent the sole and exclusive right against KYTC, the Commonwealth and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees to compensation, damages, deadline extension, and performance relief for the adverse financial and schedule effects of any event affecting the Work, the Project or DBT. No award of compensation or damages shall be duplicative. DBT unconditionally and irrevocably waives the right to any claim against KYTC, the Commonwealth, and their respective successors, assigns, agencies, divisions, officeholders, officers, directors, commissioners, agents, representatives, consultants, and employees for any monetary compensation, Completion Deadline adjustment or other relief except to the extent specifically provided in this Article 13. The foregoing waiver encompasses all theories of liability, whether in contract, tort (including negligence), strict liability, equity, quantum meruit or otherwise, and encompasses all theories to extinguish contractual obligations, including impracticability, mutual or unilateral mistake, and frustration of purpose. Notwithstanding anything to the contrary herein, no liability of DBT that arose before the occurrence of the Relief Event giving rise to a claim under this Article 13 shall be excused as a result of the occurrence. Nothing in Exhibit 3 (Technical Provisions) shall have the intent or effect or shall be construed to create any right of DBT to any claim for additional monetary compensation, Completion Deadline adjustment or other relief. The provisions of this paragraph shall not affect DBT’s rights and protections under Section 6.7 or DBT’s remedies under the Contract Documents in the event of an KYTC Default or upon early termination of this Agreement.