Common use of Delay Events Clause in Contracts

Delay Events. 40.1 If, at any time, Project Co becomes aware that the Works will not be (or are unlikely to be) completed by the Completion Date, Project Co shall forthwith give notice to the Trust’s Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment: 40.1.1 if the Trust’s Representative is satisfied, or it is determined in accordance with Schedule 26 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 40.2 (Mitigation) the Trust’s Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall fix a new Completion Date which shall replace the existing Completion Date; but 40.1.2 to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment. 40.2 If Project Co is (or claims to be) affected by a Delay Event: 40.2.1 it shall (and shall procure that the Project Co Parties shall) take and continue to take all reasonable steps to eliminate or mitigate the consequences of such an event upon the performance of its obligations under this Agreement and, where relevant, resume performance of its obligations affected by the Delay Event as soon as practicable; and 40.2.2 it shall neither be relieved from liability under this Agreement nor entitled to any extension of time for the purpose of Clause 40.1.1 (Delay Event) to the extent that it is delayed or impeded due to its failure (if any) to comply with its obligations under Clause 40.2.1. 40.3 For the purposes of this Agreement, Delay Events means any of the following to the extent in each case that it has a material and adverse effect on Project Co’s ability to complete the Facilities by the Completion Date: 40.3.1 a Trust Works Variation initiated by a Trust Works Variation Enquiry in accordance with paragraph 2 of Part 1 of Schedule 22 (Variation Procedure) in relation to which Project Co has issued a response pursuant to paragraph 3.2(b) of Part 1 of Schedule 22 (Variation Procedure) specifying and providing evidence that implementation of the Trust Works Variation would prevent the Actual Completion Date from occurring by the Completion Date, if this has been agreed between the parties or determined to be the case in accordance with Schedule 26 (Dispute Resolution Procedure); 40.3.2 any breach by the Trust and/or any Trust Party of any of the Trust’s express obligations under this Agreement to the extent in each case that any such breach is not caused, or contributed to, by Project Co or any Project Co Party; 40.3.3 the execution of works on the Site not forming part of this Agreement by the Trust or any contractors employed by the Trust; 40.3.4 opening up of the Works pursuant to Clauses 18.3 to 18.7 (inclusive) (Right to open up) where such Works are not subsequently found to be defective (unless it is agreed or determined in accordance with Schedule 26 (Dispute Resolution Procedure) that the opening up of the Works was reasonable in the light of other defects previously discovered by the Trust);

Delay Events. 40.1 29.1 If, at any time, Project Co becomes aware that the Works there will not be (or are unlikely is likely to be) completed by a delay in completion of the Completion DateWorks [relating to one or more Phases], Project Co shall forthwith give notice to the Trust’s Authority's Representative to that effect specifying the relevant delay or impediment. In relation to any such delay or impediment: 40.1.1 impediment if the Trust’s Authority's Representative is satisfied, or it is determined in accordance with Schedule 26 Part 20 (Dispute Resolution Procedure), that such delay or impediment has arisen as a result of the occurrence of a Delay Event, then, subject to Clause 40.2 (Mitigation) 29.2, the Trust’s Authority's Representative shall allow Project Co an extension of time equal to the delay or impediment caused by such Delay Event (taking into account reasonably foreseeable consequences of the Delay Event) and shall fix a new revise the Completion Date which shall replace the existing [relevant Phase Completion Date; but 40.1.2 Date(s)] accordingly but to avoid doubt, there shall be no extension to the Project Term as a result of any such delay or impediment. 40.2 29.2 If Project Co is (or claims to be) affected by a Delay Event: 40.2.1 29.2.1 it shall (and shall procure that the Project Co Parties shall) take and continue to take all reasonable steps to eliminate or mitigate the consequences of such an event upon the performance of its obligations under this Agreement and, where relevant, resume performance of its obligations affected by the Delay Event as soon as practicable; and 40.2.2 29.2.2 it shall neither be relieved from liability under this Agreement nor entitled to any extension of time for the purpose of Clause 40.1.1 29 (Delay EventEvents) to the extent that it is delayed or impeded due to its failure (if any) to comply with its obligations under Clause 40.2.129.2.1 above. 40.3 29.3 For the purposes of this Agreement, a Delay Events Event means any of the following to the extent in each case that it has there will be (or is likely to be) a material and adverse effect on Project Co’s ability to complete delay in completion of the Facilities by the Completion Date[a Phase or Phases]: 40.3.1 29.3.1 the occurrence of a Trust Works Variation initiated by Qualifying Change (other than a Trust Works Variation Enquiry in accordance with paragraph 2 of Part 1 of Schedule 22 (Variation ProcedureQualifying Change that is a Low Value Change) in relation to which Project Co it has issued a response pursuant to paragraph 3.2(b) of Part 1 of Schedule 22 (Variation Procedure) specifying and providing evidence been agreed or determined that the implementation of the Trust Works Variation Authority Change would prevent delay the Actual Completion Date from occurring by completion of the Completion Date, if this has been agreed between Facilities [the parties or determined to be the case in accordance with Schedule 26 (Dispute Resolution ProcedurePhase(s)]; 40.3.2 29.3.2 any breach by the Trust Authority and/or any Trust Authority Party of any of the Trust’s Authority's express obligations under this Agreement to the extent in each case that any such breach is not caused, or contributed to, by Project Co or any Project Co Party; 40.3.3 29.3.3 the execution of works on the Site not forming part of this Agreement by the Trust Authority or any contractors employed by the TrustAuthority; 40.3.4 29.3.4 opening up of the Works pursuant to Clauses 18.3 13.3 to 18.7 13.7 (inclusive) (Right to open up) where such Works are not subsequently found to be defective (unless it is agreed or determined in accordance with Schedule 26 Part 20 (Dispute Resolution Procedure) that the opening up of the Works was reasonable in the light of other defects previously discovered by the TrustAuthority); 29.3.5 Force Majeure; 29.3.6 a Relief Event; 29.3.7 a Relevant Change in Law referred to in Clause 32.3.1 (Discriminatory Change in Law) and Clause 32.3.2 (Specific Change in Law)[; [or 29.3.8 the occurrence of circumstances deemed to be a Compensation Event pursuant to Clause 10.4]. 29.4 Without prejudice to the generality of Clause 29 (Delay Events), Project Co shall give notice in writing to the Authority's Representative as soon as it (or the Contractor) can reasonably foresee a Delay Event occurring or, if the same is not reasonably foreseeable, as soon as it (or the Contractor) shall become aware of a Delay Event. Project Co shall within [ ] Business Days after such notification, give further written details to the Authority's Representative which shall include: 29.4.1 a statement of which Delay Event the claim is based upon; 29.4.2 details of the circumstances from which the Delay Event arises; 29.4.3 details of the contemporary records which Project Co will maintain to substantiate its claim for extra time; 29.4.4 details of the consequences (whether direct or indirect, financial or non--financial) which such Delay Event may have upon completion of the Facilities [relevant Phase(s)] ; and 29.4.5 details of any measures which Project Co proposes to adopt to mitigate the consequences of such Delay Event. 29.5 As soon as possible but in any event within [ ] Business Days of Project Co (or the Contractor) receiving, or becoming aware of, any supplemental information which may further substantiate or support Project Co's claim then, provided that the Completion Date [Phase Completion Date] has not otherwise already been revised pursuant to Clause 29.7, Project Co shall submit further particulars based on such information to the Authority's Representative. 29.6 The Authority's Representative shall, after receipt of written details under Clause 29.3.7, or of further particulars under Clause 29.5, be entitled by notice in writing to require Project Co to provide such further supporting particulars as he may reasonably consider necessary. Project Co shall afford the Authority's Representative reasonable facilities for investigating the validity of Project Co's claim including, without limitation, on-siteonsite inspection. 29.7 Subject to the provisions of this Clause, the Authority's Representative shall revise the Completion Date [relevant Phase Completion Date(s)] in accordance with Clause 29.1 (Delay Events) as soon as reasonably practicable and in any event within [ ] Business Days of the later of: 29.7.1 the date of receipt by the Authority's Representative of Project Co's notice given in accordance with Clause 29.4 and the date of receipt of any further particulars (if such are required under Clause 29.6), whichever is the later; and 29.7.2 the date of receipt by the Authority's Representative of any supplemental information supplied by Project Co in accordance with Clause 29.5 and the date of receipt of any further particulars (if such are required under Clause 29.6), whichever is the later. If Project Co has failed to comply with the requirements as to the giving of notice under Clause 29.4, or has failed to maintain records or afford facilities for inspection to the Authority's Representative, then Project Co shall not be entitled to any extension of time (and the Completion Date [relevant Phase Completion Date(s)] shall not be revised) in respect of any period of delay by Project Co in giving notice or providing information under Clause 29.4 and/or to the extent that its failure to maintain records or afford facilities for inspection to the Authority’s Representative has prevented the Authority’s Representative from assessing the consequences of the Delay Event. 29.8 If: 29.8.1 the Authority's Representative declines to fix a revised Completion Date [Phase Completion Date(s)]; or 29.8.2 Project Co considers that a different Completion Date [Phase Completion Date(s)] should be fixed; or 29.8.3 there is a disagreement as to whether a Delay Event has occurred, then Project Co shall be entitled to refer the matter for determination in accordance with Schedule Part 20 (Dispute Resolution Procedure).