Common use of Delays during Implementation Clause in Contracts

Delays during Implementation. a) The Concessionaire may apply for an extension in Construction Period if it is reasonably sure and anticipates that it shall be delayed in achieving the Scheduled Completion Date, by any of the following causes: a. A Change in Scope; b. A Force Majeure Event; c. A cause of delay giving an explicit and express entitlement to extension of time under any Articles in this Concession Agreement, unless the Concessionaire has not complied with such Article; d. Any delay, impediment or prevention by the Concessioning Authority; e. Any delay caused by action taken by Competent Authorities. Provided that the Concessionaire shall at all times use its best endeavours to minimize any delay in the performance of its obligations under this Concession Agreement, whatever may be the cause of such delay. b) If the Concessionaire intends to apply for an extension of the Construction Period, the Concessionaire shall give notice to the Concessioning Authority of such intention as soon as possible and in any case within 28 (twenty-eight) days of the start of the event giving rise to any such delay, together with any other notice required by this Concession Agreement and relevant to such cause. Any such notice shall state the extent of the actual and anticipated delay and its anticipated effect on the Scheduled Completion Date and shall specify the steps the Concessionaire proposes to take to minimize such delay. The Concessionaire shall keep such records as may be necessary to substantiate any application, at a location acceptable to the Concessioning Authority and such other records as may reasonably be requested by Concessioning Authority. The Concessionaire shall provide and permit Concessioning Authority to inspect all such records. c) Within 28 (twenty-eight) days of the first day of such delay (or such other period as may be agreed by Concessioning Authority), the Concessionaire shall submit full supporting details of its application. Except that, if the Concessionaire cannot submit all relevant details within such period because the cause of delay continued for a period exceeding 7 (seven) days, the Concessionaire shall submit interim details at intervals of not more than 28 (twenty-eight) days (from the first day of such delay) and full and final supporting details of its application within 21 (twenty-one) days of the last day of delay. d) Provided that the Concessionaire has complied with this ARTICLE 13, the Concessioning Authority shall proceed in accordance with Article 25.1 to determine either prospectively or retrospectively such adjustment as may be due, taking into account all relevant circumstances. The Concessioning Authority shall notify the Concessionaire accordingly. When determining each extension of time, Concessioning Authority shall review its previous determinations and may revise, but shall not decrease, the extension, and provided that the extension of time is not a consequence of any negligence, default or breach of Concession Agreement by the Concessionaire or those for whom it is responsible. e) However, the Concessionaire shall not be entitled to an extension of the Scheduled Completion Date, to the extent that the delay in respect of which the extension of time is requested is attributable to any negligence, default or breach of this Concession Agreement by the Concessionaire or those for whom it is responsible, as determined by the Concessioning Authority or Independent Engineer(s).

Delays during Implementation. a) a. The Concessionaire may apply for an extension in Construction Period if it is reasonably sure and anticipates that it shall be delayed in achieving the Scheduled Completion Date, by any of the following causes: a. i. A Change in Scope; b. ii. A Force Majeure Event; c. iii. A cause of delay giving an explicit and express entitlement to extension of time under any Articles in this Concession Agreement, unless the Concessionaire has not complied with such Article; d. iv. Any delay, impediment or prevention by the Concessioning Authority; e. v. Any delay caused by action taken by Competent Authorities. Provided that the Concessionaire shall at all times use its best endeavours to minimize any delay in the performance of its obligations under this Concession Agreement, whatever may be the cause of such delay. b) b. If the Concessionaire intends to apply for an extension of the Construction Period, the Concessionaire shall give notice to the Concessioning Authority of such intention as soon as possible and in any case within 28 (twenty-eight) days of the start of the event giving rise to any such delay, together with any other notice required by this Concession Agreement and relevant to such cause. Any such notice shall state the extent of the actual and anticipated delay and its anticipated effect on the Scheduled Completion Date Date, and shall specify the steps the Concessionaire proposes to take to minimize such delay. The Concessionaire shall keep such records as may be necessary to substantiate any application, at a location acceptable to the Concessioning Authority and such other records as may reasonably be requested by Concessioning Authority. The Concessionaire shall provide and permit Concessioning Authority to inspect all such records. c) c. Within 28 (twenty-eight) days of the first day of such delay (or such other period as may be agreed by Concessioning Authority), the Concessionaire shall submit full supporting details of its application. Except that, if the Concessionaire cannot submit all relevant details within such period because the cause of delay continued for a period exceeding 7 (seven) days, the Concessionaire shall submit interim details at intervals of not more than 28 (twenty-eight) days (from the first day of such delay) and full and final supporting details of its application within 21 (twenty-one) days of the last day of delay. d) d. Provided that the Concessionaire has complied with this ARTICLE 13Article 13.4, the Concessioning Authority shall proceed in accordance with Article 25.1 to determine either prospectively or retrospectively such adjustment as may be due, taking into account all relevant circumstances. The Concessioning Authority shall notify the Concessionaire accordingly. When determining each extension of time, Concessioning Authority shall review its previous determinations and may revise, but shall not decrease, the extension, and provided that the extension of time is not a consequence of any negligence, default or breach of Concession Agreement by the Concessionaire or those for whom it is responsible. e) e. However, the Concessionaire shall not be entitled to an extension of the Scheduled Completion Date, to the extent that the delay in respect of which the extension of time is requested is attributable to any negligence, default or breach of this Concession Agreement Agreement f. by the Concessionaire or those for whom it is responsible, as determined by the Concessioning Authority or Independent Engineer(s).