Included Events Sample Clauses

Included Events. In the event that the Program Manager is, despite the exercise of Prudent Practices and through no fault or omission of any Program Manager Personnel, delayed or subjected to increased costs in its performance of the Services, the Program Manager may, to the extent that such delays or increased costs result directly from any of the following events or circumstances (each such event or circumstance so affecting the Program Manager's performance hereunder, a "Change Event") or any combination of Change Events (excluding, however, the effect of any event or circumstance not expressly set forth herein as a Change Event), be entitled to an adjustment (to be reflected in a Change Order executed and delivered by the Parties) to the Guaranteed RFS Date, the Target Cost or the Service Fees, as applicable: (i) changes or additions to the general scope of this Contract, changes to the method or manner of performance of the Services as instructed by the Owner (including, without limitation, any direction by the Owner to expand build-out of the System, whether within the jurisdictions contemplated by this Contract or into neighbouring countries); (ii) any Force Majeure Event; (iii) any Change in Law; (iv) any Owner-Caused Delay; (v) any Wayleave or Permit Failure; (vi) the Program Manager's implementation of Owner-requested measures in respect of Supplier Contracts in accordance with Sections 4.3 and 4.4 hereof; (vii) to the extent specified in Section 14.2 hereof, delays sustained by the Program Manager in connection with the Owner's exercise of inspection rights hereunder; (viii) the Program Manager's exercise of suspension rights in accordance with Section 15.2 hereof; (ix) the discharge or presence at any Site of any hazardous materials (except to the extent caused by the negligent act or omission of any of Program Manager's employees, agents or other personnel) or the existence of unforeseen subsurface conditions at any Site (except to the extent that such conditions should have been anticipated as of the date of this Contract by the Program Manager in the exercise of Prudent Practices); or (x) any other grounds specifically referred to in the other provisions of this Contract that expressly entitle the Program Manager to equitable relief hereunder.

Included Events. An event shall be a "Force Majeure Event" if such event: (i) is beyond the Program Manager's reasonable control despite the exercise of Prudent Practices; (ii) is not the result of any breach by the Program Manager of any provision of this Contract; (iii) was not caused by the negligent or careless act or omission of the Program Manager, the Program Manager Personnel or any other Person engaged by the Program Manager in connection with the performance of any Services hereunder; and (iv) is likely to result, despite the exercise of Prudent Practices and commercially reasonable efforts in mitigation thereof, in a failure by the Program Manager to comply with any of its obligations under this Contract.

Included Events. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms, or storm warnings, such as hurricanes which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe, except as provided in Section 7.3; (ii) to the extent upstream interstate pipeline capacity is required, interruption and/or curtailment of primary Firm transportation and/or storage by transporters, but only to the extent that UGIES sought the highest possible nomination priority ranking for the volumes curtailed; (iii) acts of others such as strikes, lockouts, or other industrial disturbances, riots, sabotage, terrorist actions, insurrections, or wars; and (iv) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the same effect of law promulgated by a governmental authority having jurisdiction.

Included Events. “Included Events” means all public ticketed events held at Canada Life Place during the term set forth above that utilize the entire venue except London Knights hockey games and events and London Lightning basketball games and events (including, without limitation, pre, regular and post-season games), the Memorial Cup, any Canadian Hockey League games and events, and other special events as determined by Oak View Group. Included Events shall generally include concerts and family shows, but all decisions as to what constitutes an “Included Event” shall be made by Oak View Group in its sole discretion. There is no guarantee that a minimum number of Included Events will occur at Canada Life Place or that any particular type of event will occur. 4.