Owner Fault definition
Owner Fault means any breach (including the untruth or breach of any Owner representation or warranty herein set forth), failure, non-performance or non-compliance by the Owner with respect to its obligations and responsibilities under this Design-Build Agreement to the extent not attributable to any Uncontrollable Circumstance or Design-Builder Fault, and which materially and adversely affects the Design-Builder’s rights, obligations or ability or costs to perform under this Design-Build Agreement.
Owner Fault means (a) Owner’s failure to perform its obligations under this Agreement, or (b) the fault, negligence, or willful misconduct of Owner or any of Owner’s Affiliates or any of their respective employees, contractors, agents or representatives.
Owner Fault means any breach (including the breach of any Owner representation or warranty herein set forth), negligence, failure, non-performance or non-compliance by the Owner, the Owner’s Representative and/or the Owner’ Consultant under this Agreement with respect to their respective obligations and responsibilities, in each case to the extent directly attributable to the Owner, the Owner’s Representative and/or the Owner’ Consultant, and which materially and adversely affects the DBO Contractor’s rights, obligations, ability or costs to perform under this Agreement.
Examples of Owner Fault in a sentence
Such withdrawal notice shall include the amount of the withdrawal and describe the Forced Outage, Force Majeure Event or Owner Fault, or procurement and installation of any Capital Spare Parts approved by Administrator and PREB pursuant to which such costs were incurred.
More Definitions of Owner Fault
Owner Fault means (i) any breach (including any breach of any representation and warranty set forth in any Transaction Document), (ii) any failure of compliance or nonperformance by Owner or Administrator with its respective obligations under any Transaction Document or (iii) any negligence, tort or willful misconduct by Owner or Administrator with respect to performance of its respective obligations under any Transaction Document (whether or not attributable to any officer, trustee, member, agent, employee, representative, contractor, subcontractor of any tier or independent contractor of Owner or Administrator other than Operator and its Subcontractors), which has had, or is reasonably expected to have, a material adverse effect on Operator’s performance or cost of performance or on Operator’s rights or obligations under this Agreement or on the operation or maintenance of the T&D System.
Owner Fault means: (a) any breach, failure, nonperformance, or noncompliance by the Owner (including acts or omissions of Owner’s Subcontractors) with the terms and provisions of this Agreement for any reason except to the extent such breach, failure, nonperformance, or noncompliance is caused by the occurrence or continuing effect of a Force Majeure or Operator Fault; or (b) any negligence or willful misconduct of Owner or any agent, officer, commissioner, employee, contractor, Subcontractor at any tier, or independent contractor (including, without limitation, the Consulting Engineer) of Owner which, in the case of (a) or (b) of this definition: (1) prevents or, individually or collectively, materially interferes with or materially delays Owner's or the Operator's performance of its obligations; or (2) deprives Operator of any of its material rights; or (3) increases the Operator's costs of performing the Work or reduces its revenues, in any case, under this Agreement.
Owner Fault means any breach (including the breach of any Owner representation or warranty herein set forth), negligence, action, failure, non-performance or non- compliance by the Owner, the Owner’s Representative and/or the Owner’ Consultant or anyone for whom they are responsible at law, including other contractors employed by the Owner in connection with the Project, under this Agreement with respect to their respective obligations and responsibilities, in each case to the extent directly attributable to the Owner, the Owner’s Representative and/or the Owner’ Consultant or others for whom they are responsible at law, and which adversely affects the DBO Contractor’s rights, obligations, ability or costs to perform under this Agreement.