Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), then without prejudice to any other rights or remedies of the other party under this Agreement:
Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), then the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information.
Delay in Notification. The Design-Builder acknowledges that any delay by the Design-Builder in submitting to the City any Uncontrollable Circumstance notice or any information required under this Section, beyond the applicable time period required under this Section may adversely affect the City, and agrees that the relief to be provided in respect of any Uncontrollable Circumstance shall be reduced or limited to the extent of any such adverse effect, as reasonably determined by the City. The Design-Builder shall be deemed to have become aware of the occurrence of an Uncontrollable Circumstance if such occurrence could reasonably have been known, identified, discovered or observed by the Design-Builder through the employment of procedures consistent with Good Engineering and Construction Practice. Without limiting any of the foregoing, if the Design-Builder fails to submit a Relief Request Notice within 60 days after the City’s receipt of the notice required under subsection (A) of this Section or to notify the City of the occurrence of an Uncontrollable Circumstance within 60 days following the occurrence, then the Design-Builder shall be deemed to have irrevocably and forever waived and released any and all claim or right with respect to the subject Uncontrollable Circumstance.
Delay in Notification. If any Relief Event Notice, Relief Event Claim or any other required information is submitted by Developer to the Owner after the dates required under this Section 11.2, then (a) Developer shall not be entitled to any additional compensation, time extension or other relief in connection with such Relief Event for the period commencing on the date on which Developer was required to submit the relevant notice or other information until the actual date on which Developer submits the same, provided that if Developer fails to submit any such notice, claim or information within thirty (30) days following the date on which Developer was required to submit the same, Developer shall have no right to make any claim with respect to the Relief Event.
Delay in Notification. If any Uncontrollable Circumstance notice or any required information is submitted by the DBOM Contractor to the BWS after the dates required under this Section, then the DBOM Contractor’s entitlement to relief hereunder due to the occurrence of the Uncontrollable Circumstance shall have been waived, and the DBOM Contractor shall have no rights to any further relief hereunder based upon the occurrence of an Uncontrollable Circumstance. With regard to submittal of the notice required under subsection (A) (Notice and Written Report) of this Section, the DBOM Contractor shall be deemed to have knowledge that the Uncontrollable Circumstance has caused or is likely to cause an entitlement under this Service Agreement if such occurrence could reasonably have been known, identified, discovered or observed by the DBOM Contractor through the employment of procedures consistent with Good Engineering and Construction Practice or Good Industry Practice, as applicable.
Delay in Notification. If any Supervening Event notice or any required information is submitted by the Developer to the City after the dates required under this Section, then the Developer shall still be entitled to relief provided due to the occurrence of the Supervening Event except such relief shall be equitably adjusted to the extent that the ability to mitigate was adversely affected as a result of the delay in providing such notice or information.
Delay in Notification. If the Supervening Event Notice or any required information is provided by an Applicant to the other Party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event) or the Applicant does not comply with its obligations under Section 2.5 or 2.6 (as applicable) to mitigate the impact of the Supervening Event, then without prejudice to any other rights or remedies of the other party under this Agreement the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information.
Delay in Notification. The Borrowers shall not be required to compensate a Lender pursuant to this Section for any Taxes or related costs suffered more than nine (9) months prior to the date that such Lender notifies the Borrowers of such Taxes or related costs and of such Lender’s intention to claim compensation therefor (except that, if the Change in Law giving rise to such Taxes or related costs is retroactive, then the nine (9) month period referred to above shall be extended to include the period of retroactive effect thereof).
Delay in Notification. If any Uncontrollable Circumstance notice or any required information is submitted by the Contractor to the KRRC after the dates required under this Section, then the Contractor’s entitlement to relief hereunder due to the occurrence of the Uncontrollable Circumstance shall have been reduced to the extent the KRRC is prejudiced by the delay of such notice or required information.
Delay in Notification. If any Uncontrollable Circumstance notice or any required information is submitted by the Company to SRWA after the dates required under this Section, then any Company entitlement to relief shall be offset to the extent that the ability to mitigate was adversely affected as a result of the delay in providing such notice or information.
