Excepted Risk definition

Excepted Risk has the meaning given in the Works Coordination Agreement.

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Excepted Risk means any one of:

Excepted Risk has the meaning set out in clause 12.6.

Examples of Excepted Risk in a sentence

• Excepted Risk 1 war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), terrorism, civil war, rebellion, revolution, insurrection or militarily usurped power, martial law or confiscation by order of any Authority; or 2 ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by a Participant, a Subcontractor or any of the Participants' Associates.

• If such damage or loss occurs the Contractor must, except in respect of an Excepted Risk, at its own cost promptly make good the damage or loss.

• If loss or damage, other than that caused by an Excepted Risk, occurs to the Services or project during the period of the Managing Contractor’s care, the Managing Contractor shall, at its cost, rectify such loss or damage.

• If a party that receives an Excepted Risk Notice does not consider that an Excepted Risk Event has occurred in relation to the Affected Party, it may: a refer the matter to the Dispute Resolution Procedure within 5 Business Days of receiving that Excepted Risk Notice; or b exercise such other rights available to it under this Agreement.

• The Service Provider 's liability to indemnify RTA under paragraphs (a) and (b) is reduced proportionately to the extent that an Excepted Risk contributes to the loss, damage, destruction, death, disease, illness or injury.

More Definitions of Excepted Risk

Excepted Risk means the occurrence of any of the following events:

Excepted Risk means any event beyond the reasonable control of a party that prevents that party from performing its obligations under this Agreement provided that such party demonstrates that: i it diligently attempted to perform its obligations notwithstanding the event and diligently took all prudent and reasonable steps to overcome the event, to avoid such non-performance, and to mitigate its impact; and Passenger Services Agreement ii such non-performance was not caused or contributed to by the acts or omissions of the Operator. Subject to the foregoing, an Excepted Risk may arise from the following events: a fire, flood, storm, earthquake, land slide, volcanic eruption, epidemic or other forces of nature; b confiscation, expropriation or embargo; c explosion or nuclear accident; d sabotage or terrorist activity or revolution, riot, act of war whether declared or not or warlike operations; e the withdrawal of the Operator’s Rail Operator Licence, where such withdrawal: i is not caused by any act or omission of the Operator; and ii results in the provision of any Services being unlawful or impossible; f change in Applicable Law which materially and adversely affects the performance by the Parent or the Operator of their respective obligations under this Agreement; or g any restriction on the Operator’s activities contained in any Relevant Agreement; or h any non-performance or negligent performance by any other party to any Relevant Agreement of its obligations under the Relevant Agreement where the Operator establishes to AT’s reasonable satisfaction that: i the Operator diligently managed the performance of the Relevant Agreement and took all prudent and reasonable steps to avoid such non-performance or negligent performance and to mitigate its impact; and ii such non-performance or negligent performance was not caused or contributed to by the acts or omissions of the Operator. However, the following will not be Excepted Risks on which the Operator is entitled to rely: i strikes or other labour disputes of the workforce of the Operator, its sub-contractors or suppliers, except to the extent such strikes or other labour disputes are outside the control of the Operator; j an event where the event could have, or it is likely that the event could have, been prevented, avoided, overcome or mitigated by the Operator by: i implementation of contingency plans; or ii exercising a reasonable standard of care; k any event or circumstance that arises from a breach of the Opera...

Excepted Risk means (a) war (whether declared or undeclared), civil war, act of terrorism, blockade, insurrection (except for a Russian and Ukraine Conflict Event); or (b) ionizing radiation, or contamination by radioactivity from nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel properties of any explosive nuclear assembly or nuclear component thereof; or (c) Named Windstorms.

Excepted Risk has the meaning given to that term in clause 16;

Excepted Risk means all and any of ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

Excepted Risk means (i) war (whether declared or undeclared), civil war, act of terrorism, blockade, insurrection; or (ii) ionizing radiation, or contamination by radioactivity from nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel properties of any explosive nuclear assembly or nuclear component thereof; or (iii) Named Windstorms which result in loss or damage in excess of the sublimits with respect to Named Windstorms under the Contractor’s All Risk property insurance policy(ies) obtained by Contractor pursuant to and in accordance with Article 16 and Appendix MM, and then only to the extent of such excess.

Excepted Risk means (a) war (whether declared or undeclared), civil war, act of terrorism, blockade, insurrection; or (b) ionizing radiation, or contamination by radioactivity from nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel properties of any explosive nuclear assembly or nuclear component thereof; or (c) Named Windstorms which result in loss or damage in excess of the sublimits with respect to Named Windstorms under the Contractor’s All Risk property insurance policy(ies) obtained by Contractor pursuant to and in accordance with Article 16 and Appendix MM, and then only to the extent of such excess.