Common use of Onus Clause in Contracts

Onus. Where the Community claims compensation under Subsection 3.5.6, it shall have the ultimate onus of proving such alleged Adverse Effects. Hydro agrees that in the event of any such claim, it will forthwith disclose fully to the Community all relevant information, other than privileged information, concerning Project operations which may have been causally related to, or may have contributed to, the alleged Adverse Effects. Information disclosed by Hydro under this Subsection will be used by the Community only for the purpose of advancing the claim, subject to any direction of the arbitrator. Any dispute with respect to disclosure under this Subsection will be resolved in accordance with Part B of Article 9.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement