CA Delay Event definition

CA Delay Event has the meaning given to the term “Delay Event” as defined in the Comprehensive Agreement, except the term Force Majeure Event (as defined in the Comprehensive Agreement) shall be replaced with Excused Performance Event as defined herein.
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CA Delay Event means any of the following specified events that constitutes a “Delay Event” under the Comprehensive Agreement and that entitles Contractor to claim a Scope Change pursuant to Section 12.5 hereof (which Scope Change may include an adjustment to the Guaranteed Substantial Completion Date, the Project Schedule and other appropriate changes to the Contract Documents, but not to the Contract Sum) if the same wholly or partly prevents, restricts or delays the performance of any material obligation of Contractor arising under this Agreement, but only if and to the extent (i) Contractor has used Commercially Reasonable Efforts in order to prevent or avoid such event and mitigate the effect of such event on its ability to perform its obligations under this Agreement and which by the exercise of reasonable due diligence Contractor could not reasonably have been expected to avoid and which by the exercise of reasonable due diligence it has been unable to overcome, (ii) such event is not the result of the negligence or misconduct of any Contractor Party or any act or omission of a Contractor Party in breach of the provisions of this Agreement, (iii) except to the extent the same constitutes a Force Majeure Event, such event does not include any delay that arises by reason of any weather condition (including any flooding) whether or not such weather conditions or the severity of such weather conditions are not or have not ordinarily or customarily been encountered or experienced and (iv) except to the extent the same constitutes a Force Majeure Event, such event does not include any delay that arises by reason of any strike, labor dispute or other labor protest involving any Person retained, employed or hired by a Contractor Party or its Representatives to supply materials or services for or in connection with the DB Work or any strike, labor dispute or labor protest caused by or attributable to any act (including any pricing or other price or method of operation) or omission of a Contractor Party or its Representatives:
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Examples of CA Delay Event in a sentence

  • Such CA Delay Event Notice will include, in such form and substance as is required to satisfy Concessionaire’s obligations under the Comprehensive Agreement: (i) a detailed description of the CA Delay Event, (ii) details of the circumstances from which the CA Delay Event arises and (iii) an estimate of the duration of the delay in the performance of obligations pursuant to this Agreement attributable to such CA Delay Event and information in support thereof, if known at that time.

  • Contractor will bear the burden of proving the occurrence of a CA Delay Event and the resulting impacts in accordance with the Comprehensive Agreement.

  • Without limiting the foregoing, the occurrence of a CA Delay Event will not excuse Contractor from timely payment of monetary obligations that are due and payable by Contractor pursuant to this Agreement (including liquidated damages and amounts payable as indemnities), from compliance with Law, or from compliance with the Technical Requirements, except temporary inability to comply with the Technical Requirements as a direct result of the CA Delay Event.

  • Contractor will also provide such further information relating to the CA Delay Event as Concessionaire or the Department may reasonably require.

  • Within three (3) days following the date on which it first became aware of the occurrence of such CA Delay Event, Contractor will deliver to Concessionaire an explanation of the measures being undertaken to mitigate the delay and other consequences of the CA Delay Event.

  • The remuneration of the common expert for the preparation of the common report on the proposed merger by absorption in accordance with article 772/9, §1 of the BCC and article 6 of the Greek Law 3777/2009 for the benefit of the Absorbing Company and the Absorbed Company is set at EUR 15,000 (excluding VAT).

  • Contractor will notify the Concessionaire within fifteen (15) days following the date on which it first became aware (or should have become aware using all reasonable due diligence) that such a CA Delay Event has ceased.

  • Based on the CA Delay Event Notice provided by Contractor to Concessionaire hereunder, Concessionaire shall assert its rights thereunder to seek the Department’s approval under Section 13.01 of the Comprehensive Agreement with respect to the CA Delay Event claimed by Contractor.

  • To the best of Contractor’s knowledge after diligent inquiry, no event which, with the passage of time or the giving of notice, would constitute a CA Delay Event or a CA Compensation Event under this Agreement has occurred.

  • The provisions of Section 12.15 hereof shall apply in the event Contractor and Concessionaire cannot agree on the length of the extension to be sought from the Department pursuant to the Comprehensive Agreement in respect of such a Scope Change Order resulting from a CA Delay Event.