Supervening Events Sample Clauses

Supervening Events. If: (a) a Compensation Event, Relief Event or Excusing Event occurs, Project Co may; or (b) a Force Majeure Event or Eligible Change in Law Event occurs, either party may,

Supervening Events. Each Party reserves the right for reasons of national security, national interests, public order or public health to suspend temporarily, either in whole in part, the implementation of this MoU which suspension shall take effect immediately after notification has been given to the other Party. Notwithstanding, should any other event occur which hinders or restricts the implementation of this MoU, the Parties shall use their best endeavor to agree upon such action, as may be necessary and equitable, to remove the cause of such event.

Supervening Events. 10.1 The Supplier shall have no liability to the Customer under the Agreement if it is prevented from, or delayed in performing its obligations under the Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of The Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of The Supplier or their subcontractors.

Supervening Events. Pursuant to the C-70 Project Agreement, certain Supervening Events may require Compensation to be paid by the Enterprises to the Developer during the Operating Period. Except as otherwise provided specifically herein, the Parties agree to allocate the cost of such Compensation between CDOT and HPTE based on the Pro-Rata O&M Cost Calculation, provided that any Compensation due to a Supervening Event that arises solely due to the action or inaction of CDOT, without prior notification to and acknowledgment by HPTE, will be allocated 100% to CDOT, and provided also that: a. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by installation, testing or maintenance of any ETC or ITS Elements by the ETC System Integrator pursuant to the E-470 TSA, the E-470 Installation Agreement, or any successor agreements thereto (subsection g.i. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to HPTE; and b. Any Compensation due to any incident of physical damage to an Element of the Project or delay of or disruption to the Work caused by the construction, operation or maintenance of any Other Department Project, or any other facility, infrastructure or project constructed, operated and/or maintained by CDOT, within or in the vicinity of the Right-of-Way (subsection g.ii. of the definition of Compensation Event in the C-70 Project Agreement) will be allocated 100% to CDOT. Notwithstanding the foregoing, HPTE and CDOT may agree in advance of any Compensation becoming due to the Developer in respect of any Supervening Event to a different allocation of costs.

Supervening Events. Neither party shall be liable for delay or failure in performance resulting from acts beyond the control of that party, including, but not limited to acts of God, acts of war, riot, fire, flood, or other disaster, acts of government, strike, lock-out, communication line or power failures (unless by reason of the negligence of a party to this Agreement) or failure or inoperability of any software other than the Licensed Program.

Supervening Events. Pursuant to the C-70 Project Agreement, certain Supervening Events may require Compensation to be paid by the Enterprises to the Developer during the Construction Period. Except as otherwise provided specifically herein, the Parties agree to allocate the cost of such Compensation among BE and CDOT based on the Pro-Rata Construction Cost Calculation, provided that any Compensation due to a Supervening Event that arises solely due to the action or inaction of CDOT, without prior notification to and acknowledgment by BE, will be allocated 100% to CDOT, and provided also that: a. Any portion of the Compensation that constitutes Delay Financing Costs will be allocated 100% to BE; b. For clarity, any portion of the Compensation that constitutes Milestone Payment Delay Costs will be allocated based on the Pro-Rata Construction Cost Calculation; c. And amounts owed by (or payable to) the Enterprises following the Reconciliation of Compensation for Delay Financing Costs and Milestone Payment Delay Costs following Substantial Completion provided for in the C-70 Project Agreement shall be allocated between BE and CDOT as set forth in (a.) and (b.) above respectively; and 4 Remaining fiscal year contributions from CDOT equal the anticipated DRCOG CMAQ funding tranches. 5 Remaining fiscal year contributions from BE equal the BE MP Obligations.

Supervening Events. (a) If, in the case of: (i) Project Co, a Compensation Event or Relief Event occurs; or (ii) either the Province or Project Co, a Force Majeure Event occurs, then if and to the extent that such event: (A) in the case of Project Co: (1) interferes adversely with, or causes a failure of, or prevents the performance of the Project Work; or, (2) is a Compensation Event and results in Direct Losses; and (B) in the case of the Province, interferes adversely with, or causes a failure of, or prevents the performance of the any obligation under this Agreement, then, subject to Section 8.1(b), the affected or entitled party (the “Applicant”) may apply for relief from its obligations, apply for extensions of time, claim compensation or claim a termination right under this Agreement to the extent provided in this Part 8. (b) Notwithstanding any other provision of this Part 8, an Applicant shall only be entitled to relief from its obligations, extensions of time, compensation or a termination right under this Agreement in accordance with this Part 8 in respect of a Supervening Event: (i) in the case of a claim of any Supervening Event by Project Co other than a No Threshold Compensation Event: (A) if the interference with, failure of or prevention of the Project Work referred to in Section 8.1(a) arising from such Supervening Event is in respect of either or both of the Design and the Construction, and such Supervening Event is either: (1) one of the first four Supervening Events claimed by Project Co and determined in accordance with this Part 8 to have occurred in any Contract Year from the Effective Date until the Total Completion Date (or portion of such Contract Year in the case of the first and last Contract Years which commence during such period), each of which has resulted in either or both of the following: (I) a Change in Costs in respect of the Design or the Construction of greater than $100,000; or (II) a delay of three or more days to the occurrence of any of the Substantial Completion Date, the Total Completion Date, the On-Time Performance Demonstration Completion Date and the TIDS Performance Demonstration Completion Date; or (2) claimed by Project Co in a Contract Year (or portion thereof in the case of the first and last Contract Years commencing in the period referred to in Section 8.1(b)(i)(A)(1))after four other Supervening Events meeting the requirements of this Part 8, including Section 8.1(b)(i)(A)(1), have occurred; (ii) if and to the extent t...

Supervening Events. The events referred to in Clause 9.4 (Changes in Conditions) are: (a) the relevant Optional Currency for any reason not being freely convertible into Euros and/or not being freely transferable; (b) such changes in any applicable law or Directive (including, in particular, exchange controls) or in the availability in the Inter-bank Market of deposits for the relevant Term in the relevant Optional Currency as (in any such case) would, in the opinion of the Agent (after consultation, if practicable, with the Banks), make it impossible, impracticable, unlawful or contrary to a law or Directive for all or part of the relevant Advance to be denominated in that Optional Currency during that Term; and/or (c) the impossibility of making payment in the Place of Payment in the manner provided for in this Agreement.

Supervening Events. In the event that any legal or other regulatory requirement changes or varies the terms of implementation of the Purchase Order, or affects the agreed price of the Goods and Services concerned, the Company reserves the right to cancel or amend the Purchase Order accordingly without prejudice to the Company's rights and interests in Goods already delivered and accepted.

Supervening Events. (a) If, in the case of: (i) the Concessionaire, a Compensation Event or Relief Event occurs; or (ii) either the Province or the Concessionaire, a Force Majeure Event occurs, then if and to the extent that such event interferes adversely with, or causes a failure of, the performance of, in the case of the Concessionaire, the Project Work or, in the case of the Province, any obligation under this Agreement, then, subject to Section 8.1(b), the affected or entitled party (the “Applicant”) may apply for relief from its obligations, apply for extensions of time (including extensions of the Expiry Date pursuant to Section 8.4(d)), claim compensation and/or claim a termination right under this Agreement to the extent provided in this Part. (b) Notwithstanding any other provision of this Part, an Applicant shall only be entitled to relief from its obligations, extensions of time (including extensions of the Expiry Date pursuant to Section 8.4(d)), compensation and/or a termination right under this Agreement in accordance with this Part in respect of a Supervening Event: (i) in the case of a claim of any Supervening Event by the Concessionaire other than a No Threshold Compensation Event: (A) if the interference with or prevention of the Project Work referred to in Section 8.1(a) arising from such Supervening Event is in respect of either or both the Design and the Construction, and such Supervening Event is either: (1) one of the first four Supervening Events claimed by the Concessionaire and determined in accordance with this Part to have occurred in any Contract Year from the Effective Date until the Western Segment Substantial Completion Date (or portion of such Contract Year in the case of the first and last Contract Years which commence during such period), each of which has resulted in either or both of the following: (I) a Change in Costs in respect of the Design and the Construction of greater than $200,000 (index linked); or (II) a delay of three or more days to the occurrence of any of the Eastern Segment Substantial Completion Date, the Western Segment Substantial Completion Date and the Total Completion Date; or (2) claimed by the Concessionaire in a Contract Year (or portion thereof in the case of the first and last Contract Years commencing in the period referred to in Section 8.1(b)(i)(A)(1)) after four other Supervening Events meeting the requirements of this Part, including Section 8.1(b)(i)(A)(1), have occurred; or (B) if such Supervening Event r...