Common use of Mitigation and Process Clause in Contracts

Mitigation and Process. (a) Where a Party is (or claims to be) affected by an event of Force Majeure, such Party shall take commercially reasonable steps to, and to continue to, mitigate the consequences of such event of Force Majeure upon the performance of its obligations under this Project Agreement, shall resume performance of its obligations affected by the event of Force Majeure as soon as practicable, and shall use commercially reasonable efforts to, and to continue to, remedy its failure to perform. Such efforts of mitigation and remediation shall include efforts to minimize any negative impact of the event of Force Majeure on the Contract Time and/or the Construction Schedule. (b) To the extent that the Party claiming relief does not comply with its obligations under this Section 24.3, such failure shall be taken into account in determining such Party’s entitlement to relief pursuant to this Article 24. (c) The Party claiming relief shall give written notice to the other Party within 5 Business Days of such Party becoming aware of the relevant event of Force Majeure. Such initial notice shall give sufficient details to identify the particular event claimed to be an event of Force Majeure. (d) A subsequent written notice shall be given by the Party claiming relief to the other Party within a further 5 Business Days of the initial notice, which notice shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including the effect of the event of Force Majeure on the ability of the Party to perform, the action being taken in accordance with Section 24.3(a), the date of the occurrence of the event of Force Majeure, and an estimate of the period of time required to overcome the event of Force Majeure and its effects. (e) The Party claiming relief shall notify the other as soon as the consequences of the event of Force Majeure have ceased and of when performance of its affected obligations can be resumed. (f) If, following the issue of any notice referred to in Section 24.3(d), the Party claiming relief receives or becomes aware of any further information relating to the event of Force Majeure and/or any failure to perform, such Party shall submit such further information to the other Party as soon as reasonably possible.

Mitigation and Process. (a) Where a Party is (or claims to be) affected by an event of Force Majeure, such Party shall take commercially reasonable steps to, and to continue to, mitigate the consequences of such event of Force Majeure upon the performance of its obligations under this Project Agreement, shall resume performance of its obligations affected by the event of Force Majeure as soon as practicable, and shall use commercially reasonable efforts to, and to continue to, remedy its failure to perform. Such efforts of mitigation and remediation shall include efforts to minimize any negative impact of the event of Force Majeure on the Contract Time and/or the Construction Schedule. (b) To the extent that the Party claiming relief does not comply with its obligations under this Section 24.3, such failure shall be taken into account in determining such Party’s entitlement to relief pursuant to this Article 24. (c) The Party claiming relief shall give written notice to the other Party within 5 Business Days of such Party becoming aware of the relevant event of Force Majeure. Such initial notice shall give sufficient details to identify the particular event claimed to be an event of Force Majeure. (d) A subsequent written notice shall be given by the Party claiming relief to the other Party within a further 5 Business Days of the initial notice, which notice shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including the effect of the event of Force Majeure on the ability of the Party to perform, the action being taken in accordance with Section 24.3(a), the date of the occurrence of the event of Force Majeure, and an estimate of the period of time required to overcome the event of Force Majeure and its effects. (e) The Party claiming relief shall notify the other as soon as the consequences of the event of Force Majeure have ceased and of when performance of its affected obligations can be resumed. (f) If, following the issue of any notice referred to in Section 24.3(d), the Party claiming relief receives or becomes aware of any further information relating to the event of Force Majeure and/or any failure to perform, such Party shall submit such further information to the other Party as soon as reasonably possible.

Mitigation and Process. (a) Where a Party is (or claims to be) affected by an event of Force Majeurea Relief Event, such Party shall take commercially reasonable steps to, and to continue to, mitigate the consequences of such event of Force Majeure the Relief Event upon the performance of its obligations under this Project Agreement, shall resume performance of its obligations affected by the event of Force Majeure Relief Event as soon as practicable, practicable and shall use commercially reasonable efforts to, and to continue to, remedy its failure to perform. Such efforts of mitigation and remediation shall include efforts to minimize any negative impact of the event of Force Majeure on the Contract Time and/or the Construction Schedule. (b) To the extent that the Party claiming relief does not comply with its obligations under this Section 24.343.3, such failure shall be taken into account in determining such Party’s entitlement to relief pursuant to this Article 24.Section 43. Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 170 CAN: 26350049.2 BD-#30398459-v2 (c) The Party claiming relief shall give written notice to the other Party within 5 Business Days of such Party becoming aware of the relevant event of Force MajeureRelief Event. Such initial notice shall give sufficient details to identify the particular event claimed to be an event of Force Majeurea Relief Event. (d) A subsequent written notice shall be given by the Party claiming relief to the other Party within a further 5 Business Days of the initial notice, which notice shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including including, without limitation, the effect of the event of Force Majeure Relief Event on the ability of the Party to perform, the action being taken in accordance with Section 24.3(a43.3(a), the date of the occurrence of the event of Force MajeureRelief Event, and an estimate of the period of time required to overcome the event of Force Majeure and Relief Event and/or its effects. (e) The Party claiming relief shall notify the other as soon as the consequences of the event of Force Majeure Relief Event have ceased and of when performance of its affected obligations can be resumed. (f) If, If following the issue of any notice referred to in Section 24.3(d43.3(d), the Party claiming relief receives or becomes aware of any further information relating to the event of Force Majeure Relief Event and/or any failure to perform, such Party shall submit such further information to the other Party as soon as reasonably possible.

Mitigation and Process. (a) Where a Party is (or claims to be) affected by an event of Force Majeure, such Party shall take commercially reasonable steps to, and to continue to, mitigate the consequences of such event of Force Majeure upon the performance of its obligations under this Project Agreement, shall resume performance of its obligations affected by the event of Force Majeure as soon as practicable, practicable and shall use commercially reasonable efforts to, and to continue to, remedy its failure to perform. Such efforts of mitigation and remediation shall include efforts to minimize any negative impact of the event of Force Majeure on the Contract Time and/or the Construction Schedule. (b) To the extent that the Party claiming relief does not comply with its obligations under this Section 24.344.3, such failure shall be taken into account in determining such Party’s entitlement to relief pursuant to this Article 24Section 44. (c) The Party claiming relief shall give written notice to the other Party within 5 Business Days of such Party becoming aware of the relevant event of Force Majeure. Such initial notice shall give sufficient details to identify the particular event claimed to be an event of Force Majeure. (d) A subsequent written notice shall be given by the Party claiming relief to the other Party within a further 5 Business Days of the initial notice, which notice shall contain such relevant information relating to the failure to perform (or delay in performing) as is available, including including, without limitation, the effect of the event of Force Majeure on the ability of the Party to perform, the action being taken in accordance with Section 24.3(a44.3(a), the date of the occurrence of the event of Force Majeure, and an estimate of the period of time required to overcome the event of Force Majeure and its effects. (e) The Party claiming relief shall notify the other as soon as the consequences of the event of Force Majeure have ceased and of when performance of its affected obligations can be resumed. (f) If, following the issue of any notice referred to in Section 24.3(d44.3(d), the Party claiming relief receives or becomes aware of any further information relating to the event of Force Majeure and/or any failure to perform, such Party shall submit such further information to the other Party as soon as reasonably possible.