Common use of Equivalent Project Relief Clause in Contracts

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co’s Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 ([Supervening Events) ] (such rights, as qualified by such obligations and limitations, are in this Section collectively “"Project Co’s 's Rights”"). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above may be claimed by Project Co against the Authority Province under and subject to Project Co’s 's Rights, but whether or not the Authority Province is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the AuthorityProvince, including under this Section 8.138.13 [Equivalent Project Relief]; (d) in no event will the liability of the Authority Province under this Section 8.13 [Equivalent Project Relief] be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above; and (e) in no event will the Authority Province be liable under this Section 8.13 [Equivalent Project Relief] for any Direct Losses or other compensation that the Authority Province would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-ContractorsSubcontractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) 9 of this Agreement (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co’s Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor Subcontractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor Subcontractor against Project Co in respect of any circumstance referred to in Section 8.13(a9.13(a) above of this Agreement may be claimed by Project Co against the Authority BC Hydro under and subject to Project Co’s Rights, but whether or not the Authority BC Hydro is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor Subcontractor will have any rights against the AuthorityBC Hydro, including under this Section 8.139.13; (d) in no event will the liability of the Authority BC Hydro under this Section 8.13 9.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a9.13(a) aboveof this Agreement; and (e) in no event will the Authority BC Hydro be liable under this Section 8.13 9.13 for any Direct Losses or other compensation that the Authority BC Hydro would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a9.13(a) aboveof this Agreement.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “"Project Co’s 's Rights”"). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. ‌ The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “"Project Co’s 's Rights”"). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. The parties acknowledge that Project Operations Co will share with the Project Contractors, who will will, in turn turn, share with Sub-Contractors, in accordance with the Project Contracts, Contractors certain benefits to Project Operations Co derived from the rights of Project Operations Co under, and subject to the obligations and limitations under, this Project Implementation Agreement including rights of Project Operations Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Operations Co’s Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Operations Co directly would have given rise to a claim by Project Operations Co pursuant to Project Operations Co’s Rights Rights, will, for the purpose of this Project Implementation Agreement, be deemed to be a circumstance affecting Project Operations Co in respect of which Project Operations Co may claim under and subject to Project Operations Co’s Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Operations Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Operations Co against Project Co against the Authority under and subject to Project Operations Co’s Rights, but whether or not the Authority Project Co is liable for such amounts will be determined under this Project Implementation Agreement as if the circumstance had affected Project Operations Co directly, provided that: (c) all such claims will be made and administered by Project Operations Co and no Project Contractor or any Sub-Contractor will have any rights against the AuthorityProject Co, including under this Section 8.13; (d) in no event will the liability of the Authority Project Co under this Section 8.13 be greater than it would have been if Project Operations Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority Project Co be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority Project Co would not have been liable for if Project Operations Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co’s 's Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 ([Supervening Events) ] (such rights, as qualified by such obligations and limitations, are in this Section collectively “"Project Co’s 's Rights”"). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.138.13 [Equivalent Project Relief]; (d) in no event will the liability of the Authority under this Section 8.13 [Equivalent Project Relief] be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above; and (e) in no event will the Authority be liable under this Section 8.13 [Equivalent Project Relief] for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) [Equivalent Project Relief] above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with Operations Co, who will, in turn, share with the Project Contractors, who will will, in turn turn, share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement Project Agreement, including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co’s Rights”). Accordingly: (a) any circumstance affecting Operations Co, a Project Contractor or a Sub-Sub- Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s Rights Rights, will, for the purpose of this Project Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s Rights; and (b) amounts claimed by Operations Co, the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s Rights, but whether or not the Authority is liable for such amounts will be determined under this Project Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no none of Operations Co, any Project Contractor or any Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. ‌ The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “Project Co’s 's Rights”). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.

Equivalent Project Relief. The parties acknowledge that Project Co will share with the Project Contractors, who will in turn share with Sub-Contractors, in accordance with the Project Contracts, certain benefits to Project Co derived from the rights of Project Co under, and subject to the obligations and limitations under, this Agreement including rights of Project Co under Section 8 (Supervening Events) (such rights, as qualified by such obligations and limitations, are in this Section collectively “"Project Co’s 's Rights”"). Accordingly: (a) any circumstance affecting a Project Contractor or a Sub-Contractor which, if such circumstance had affected Project Co directly would have given rise to a claim by Project Co pursuant to Project Co’s 's Rights will, for the purpose of this Agreement, be deemed to be a circumstance affecting Project Co in respect of which Project Co may claim under and subject to Project Co’s 's Rights; and (b) amounts claimed by the Project Contractor or Sub-Contractor against Project Co in respect of any circumstance referred to in Section 8.13(a) above may be claimed by Project Co against the Authority under and subject to Project Co’s 's Rights, but whether or not the Authority is liable for such amounts will be determined under this Agreement as if the circumstance had affected Project Co directly, provided that: (c) all such claims will be made and administered by Project Co and no Project Contractor or Sub-Contractor will have any rights against the Authority, including under this Section 8.13; (d) in no event will the liability of the Authority under this Section 8.13 be greater than it would have been if Project Co had been directly affected by the circumstance referred to in Section 8.13(a(a) above; and (e) in no event will the Authority be liable under this Section 8.13 for any Direct Losses or other compensation that the Authority would not have been liable for if Project Co had been directly affected by the circumstance referred to in Section 8.13(a) above.