Common use of Winter Relief Clause in Contracts

Winter Relief. Notwithstanding Section 9.6, if Traffic Availability is not achieved by the Traffic Availability Target Date and is further delayed into the winter of 2013-2014, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other) relief to the Contractor: (a) for each month or pro-rated portion thereof from December 1, 2013 through May 31, 2014 during which Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the Capital Payment that would have been payable for such months had Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to Traffic Availability but after December 1, 2013, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 is applicable, if at all, only to the months of December 1, 2013 through May 31, 2014, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.

Winter Relief. Notwithstanding Section 9.6, if Traffic Availability is not achieved by the Traffic Availability Target Date and is further delayed into the winter of 20132011-20142012, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other) relief to the Contractor: (a) for each month or pro-rated portion thereof from December 1, 2013 2011 through May 31, 2014 2012 during which Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the Capital Payment that would have been payable for such months had Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to Traffic Availability but after December 1, 20132011, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 is applicable, if at all, only to the months of December 1, 2013 2011 through May 31, 20142012, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.

Winter Relief. Notwithstanding Section 9.6, if Traffic Availability is not achieved by the Traffic Availability Target Date and is further delayed into the winter of 20132007-20142008, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other) relief to the Contractor: (a) for each month or pro-rated portion thereof from December 1, 2013 2007 through May 31, 2014 2008 during which Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the Capital Payment that would have been payable for such months had Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d13.3(c) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to Traffic Availability but after December 1, 20132007, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 is applicable, if at all, only to the months of December 1, 2013 2007 through May 31, 20142008, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.

Winter Relief. ‌ Notwithstanding Section 9.69.6 and without amending the Province’s payment obligations under Section 9.2, if PNI Traffic Availability is not achieved by the PNI Traffic Availability Target Date and is further delayed into the winter of 20132020-20142021, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other) other relief to the Contractor:): (a) for each month or pro-rated portion thereof from December 1, 2013 2020 through May 31, 2014 2021 during which PNI Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the PNI Capital Payment that would have been payable for such months had PNI Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon PNI Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to PNI Traffic Availability but after December 1, 20132020, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 the paragraph above is applicable, if at all, only to the months of December 1, 2013 2020 through May 31, 20142021, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances. Notwithstanding Section 9.6 and without amending the Province’s payment obligations under Section 9.2 and provided PNI Traffic Availability has been achieved, if RNI Traffic Availability is not achieved by the RNI Traffic Availability Target Date and is further delayed into the winter of 2021-2022, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other relief to the Contractor): (e) for each month or pro-rated portion thereof from December 1, 2021 through May 31, 2022 during which RNI Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the RNI Capital Payment that would have been payable for such months had RNI Traffic Availability been achieved; (f) the amount payable by the Province under clause (e) shall be payable to the Contractor, without interest, only upon RNI Traffic Availability; (g) the amount payable by the Province under clause (e) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (h) should this Agreement be terminated prior to RNI Traffic Availability but after December 1, 2021, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under the paragraph immediately above is applicable, if at all, only to the months of December 1, 2021 through May 31, 2022, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.

Winter Relief. Notwithstanding Section 9.69.6 and without amending the Province’s payment obligations under Section 9.1, if Traffic Availability is not achieved by the Traffic Availability Target Date and is further delayed into the winter of 20132016-20142017, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d), no other) relief to the Contractor: (a) for each month or pro-rated portion thereof from December 1, 2013 2016 through May 31, 2014 2017 during which Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the Capital Payment that would have been payable for such months had Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to Traffic Availability but after December 1, 20132016, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 is applicable, if at all, only to the months of December 1, 2013 2016 through May 31, 20142017, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.

Winter Relief. Notwithstanding Section 9.6, if Traffic Availability is not achieved by the Traffic Availability Target Date and is further delayed into the winter of 20132009-20142010, the Province agrees to provide the following (and, subject to Sections 11.7, 12.1(d) and 13.3(d13.3(c), no other) relief to the Contractor: (a) for each month or pro-rated portion thereof from December 1, 2013 2009 through May 31, 2014 2010 during which Traffic Availability has not been achieved, the Province will pay to the Contractor two-thirds of the Capital Payment that would have been payable for such months had Traffic Availability been achieved; (b) the amount payable by the Province under clause (a) shall be payable to the Contractor, without interest, only upon Traffic Availability; (c) the amount payable by the Province under clause (a) shall be reduced (but not to less than zero) by any amount paid or payable by the Province under Section 11.7, 12.1(d) or Section 13.3(d13.3(c) in relation to the same months, it being the intent of the parties to avoid compensating the same loss more than once; (d) should this Agreement be terminated prior to Traffic Availability but after December 1, 20132009, then: (i) if the termination is a Construction Period Termination or a Force Majeure Termination (in either case as defined in Section 18.1), the Province shall have no obligation arising under this Section 9.10; (ii) if the termination is a Termination for Convenience (as defined in Section 18.1), the amount that would have become payable under this Section but for such termination shall be subsumed in the damages to which the Contractor is entitled under Section 18.9(b), it being the intent of the parties to avoid compensating the same loss more than once. The relief afforded by the Province to the Contractor under this Section 9.10 is applicable, if at all, only to the months of December 1, 2013 2009 through May 31, 20142010, regardless of any intervening Relief Events or Force Majeure Events or any other circumstances.