Common use of Mitigation of Event Clause in Contracts

Mitigation of Event. GEC shall use reasonable efforts to remove or mitigate the effects of any Force Majeure, Owner Delay, Governmental Authority or third party delay, varying or unforeseen Site condition, or Change in Law. GEC also shall use reasonable efforts to minimize the delay caused thereby, but shall not, without the approval of Owner as set forth in a Change Order issued with respect thereto, be required to: (a) subcontract additional Work or work additional hours for which premium time is payable, (b) schedule additional work shifts, or (c) otherwise incur additional costs, if, in any such case, such subcontracting, additional hours, additional shifts or other additional costs would not have been required to meet the Guaranteed Completion Date in effect prior to the occurrence of such Force Majeure, Owner Delay, Governmental Authority or third party delay, varying or unforeseen Site condition, or Change in Law. Notwithstanding any other provision to the contrary, GEC may make any changes to the Facility in order to meet schedule or any guarantee provided such change does not incur additional cost to Owner.