Excepted Risks Sample Clauses
The Excepted Risks clause defines specific risks or events that are excluded from a party’s general obligations or liabilities under a contract. In practice, this clause typically lists circumstances such as war, natural disasters, or acts of government that, if they occur, relieve one or both parties from responsibility for delays or failures in performance. By clearly identifying these exceptions, the clause allocates risk and ensures that parties are not unfairly penalized for events beyond their control.
Excepted Risks. The "excepted risks" mentioned in Sub-clause (1) above are war hostilities (whether war be declared or not), invasion act of foreign enemies, rebellion, revolution, insurrection of military or usurped power, civil war or (otherwise than among the Contractors own employees) riot, commotion or disorder or any such operation of the forces of nature as responsible foresight and ability on the part of Contractor could not foresee or reasonably provide against (all of which are herein collectively referred to as "the excepted risks".)
Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7A, 7B, 7C and 7D Delete clause 7E and substitute the following new clauses 7E and 7F "Clause 7E Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Works (other than any Novated Consultants, who will provide collateral warranties to the Employer in accordance with the terms of their novation agreements) will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10).” The Contractor shall procure that any sub-contractors having responsibility for any of the sub- contract packages set out in the Contract Particulars will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above sub-contractors fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant sub-contractor or sub-contractors until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10). Insert the following new clause:
Excepted Risks. The “excepted risks” are:
(1) insofar as they occur in Singapore and directly affect the execution of the Works:
(a) war and hostilities (whether war be declared or not), invasion, act of foreign enemies;
(b) rebellion, revolution, insurrection or military or usurped power or civil war;
(c) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his sub-contractors and arising from the conduct of the Works;
(d) ionising radiations, or contamination by radio activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive, toxic, explosive, or other hazardous properties of any explosive, nuclear assembly or nuclear component;
(e) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;
(2) the use or occupation of the Employer of any part of the Works, except as may be expressly provided in this Contract;
(3) the design of the Works, other than any part of the design provided by the Contractor or for which the Contractor is responsible under this Contract.
Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7.3 to 7.8 and substitute the following: "Clause 7.3 Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Contractor’s Designed Portion will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.13).”
Excepted Risks. Insurance of the Works
Excepted Risks. Delete Clauses 16.3(e) and 16.3(f).
Excepted Risks. The Excepted Risks are—
(a) any negligent act or omission of the Principal, the Superintendent or the employees, consultants or agents of the Principal;
(b) any risk specifically excepted in the Contract;
(c) war, invasion, act of foreign enemies, hostilities, (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, martial law or confiscation by order of any Government or public authority; Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract
(d) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or the Contractor’s employees or agents;
(e) use or occupation by the Principal or the employees or agents of the Principal or other contractors to the Principal (not being employed by the Contractor) or a Nominated Subcontractor engaged by the Principal pursuant to a prior contract the benefit of which has been assigned to the Contractor pursuant to the Contract) of any part of the Works or the Temporary Works;
(f) defects in the design of the work under the Contract other than a design provided by the Contractor.
Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7.3 to 7.8 and substitute the following:
Excepted Risks. In this Agreement, “
Excepted Risks. 7.1 Extensions of time and Additional Costs
(a) If an excepted risk occurs:
(i) the date for practical completion will be extended (as determined by TasNetworks acting reasonably) by the number of days (if any) by which practical completion has been, or is likely to be, delayed due to that excepted risk; and
(ii) if the excepted risk will cause TasNetworks to incur additional costs (irrespective of whether it causes a delay in the achievement of practical completion) User must pay the reasonable additional TasNetworks’ costs which TasNetworks has or will incur in performing the works as a result of the occurrence of the excepted risk (as determined by TasNetworks acting reasonably).
(b) If an excepted risk requires an addition to, omission from or other amendment to the works or the way in which the works are to be carried out and performed TasNetworks (acting reasonably) will determine:
(i) the addition to, omission from or amendment to the works required as a result of the excepted risk; and
(ii) the reasonable additional TasNetworks’ costs (if any) that have been or will be incurred as a result of the excepted risk.
(c) TasNetworks must give User written notice of any anticipated delay to practical completion caused by an excepted risk within 10 business days after TasNetworks first became aware that the delay has occurred or will occur.
(d) If the excepted risk continues to delay practical completion, TasNetworks must give User written updates on the delay at least every 10 business days until the excepted risk no longer continues to delay practical completion.
(e) Notice and updates under clauses 7.1(c) and 7.1(d) must include the following details:
(i) TasNetworks’ best estimate of the delay to practical completion; and
(ii) the steps being taken by TasNetworks to mitigate the delay to
(f) TasNetworks must, at such time as TasNetworks is reasonably able to do so, give User reasonable evidence of any delay to practical completion caused by an excepted risk.
(g) TasNetworks will notify User of its estimate of the reasonable additional TasNetworks’ costs which TasNetworks has or will incur in performing the works (including as varied under clause 7.1(b)) as a result of an excepted risk as soon as reasonably practicable after TasNetworks has determined the amount of those additional costs.
(h) TasNetworks will notify User of its final determination of the reasonable additional TasNetworks’ costs which TasNetworks has or will incur in performing the works...