Procedure for Relief Clause Samples
Procedure for Relief. Subject to Section 12.3.4 (Late Provision of Notice or Information), any claim made by Developer pursuant to Section 12.3.1 must:
12.3.2.1 be submitted to the Authority as soon as practicable, and in any event within twenty (20) Business Days of Developer first becoming aware that the relevant Relief Event would have the effect that is the subject of Developer’s claim;
12.3.2.2 within ten (10) Business Days of receipt by the Authority of the notice referred to in Section 12.3.2.1, give full details of the relevant Relief Event (as available to it having made due enquiry), the extension of time and/or relief claimed, including:
(a) a Time Impact Analysis (based on the Project Working Schedule most recently agreed pursuant to Section 0.3.2 of the General Conditions) demonstrating that the relevant Relief Event will result in an identifiable and measurable disruption to the Work, which will impact a Critical Path activity (i.e. would consume all available float and would extend the time required to achieve commencement of the Construction Work, or Substantial Completion, Final Acceptance or D&C Work Completion, as applicable);
(b) evidence reasonably satisfactory to the Authority that no other concurrent unrelated delay to a Critical Path activity that is Developer’s responsibility has occurred that has contributed to the delay for which relief is being sought; and
(c) evidence reasonably satisfactory to the Authority that such event could not reasonably be avoided by Developer without material cost or delay, including by re-sequencing, reallocating or redeploying its forces to other portions of the Work.
12.3.2.3 demonstrate to the reasonable satisfaction of the Authority that:
(a) Developer and its Key Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure;
(b) the Relief Event was the direct cause of or is reasonably likely to be the direct cause of:
(i) any failure to commence the Construction Work by the Construction Commencement Deadline or (following the Construction Commencement Deadline) further delay in the achievement of Construction Commencement;
(ii) a delay in achieving D&C Work Completion by the Original D&C Work Completion Deadline or (following the Original D&C Work Completion Deadline) further delay in the achievement of D&C Work Completion; and/or
(iii) Developer failing to comply with its obligations under this Agreement;
(c) ...
Procedure for Relief. Subject to Section 12.3(d) (Late Provision of Notice or Information), any request for relief made by the Development Entity pursuant to Section 12.3(a) must:
(i) be submitted to the Department as soon as practicable, and in any event within twenty
Procedure for Relief the Construction Commencement Deadline; and/or
Procedure for Relief then Developer shall not be entitled to any extension of time or relief from termination with respect to the period between the date on which the relevant information is required to have been provided pursuant to the terms hereof and the date on which the relevant information is provided.
Procedure for Relief. Subject to Clause 17.8 (Late Provision of Information), to obtain relief and/or claim compensation under this Clause 17 the Contractor must:
17.6.1 as soon as practicable, and in any event within 20 Business Days after it becomes aware that the Works Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement or the Contractor to incur costs and/or lose revenue, give to the Authority a notice of its claim for an extension of time to the Target Service Availability Date and/or the Target External Works Availability Date and/or Target Grass Pitch Availability Date and/or following the Target Service Availability Date, the Deadline Date, payment of compensation and/or relief from its obligations under this Agreement;
17.6.2 within 15 Business Days of receipt by the Authority of the notice referred to in Clause 17.6.1, give full details of the Works Compensation Event and the extension of time and any Estimated Change in Project Costs and/or loss of revenue claimed (including evidence, on an open book basis, of the calculation of any Estimated Change in Project Costs); and
17.6.3 demonstrate to the reasonable satisfaction of the Authority that:
(a) the Works Compensation Event was the direct cause of the Estimated Change in Project Costs and/or loss of revenue and/or any delay in the achievement of Service Availability by the relevant Target Service Availability Date and/or External Works Availability by the relevant Target External Works Availability Date and/or Grass Pitch Availability by the relevant Target Grass Pitch Availability Date and/or breach of the Contractor’s obligations under this Agreement, or, following the Target Service Availability Date, delay in achieving Service Availability before the Deadline Date and/or, following a Target External Works Availability Date, delay in achieving External Works Availability before the relevant External Works Step-In Date and/or, following a Target Grass Pitch Availability Date, delay in achieving Grass Pitch Availability before the relevant Grass Pitch Step-In Date, and there were no simultaneous occurrences of delay caused by other events which have been included in the calculation of the Estimated Change in Project Costs and the delay in achievement of Service Availability by the relevant Target Service Availability Date and/or External Works Availability by the relevant Target External Works Availability Date and/or Grass Pitch Availability by the relevant Targ...
Procedure for Relief. To claim compensation and/or relief under ▇▇▇▇▇▇ 23.3 the Contractor must:
23.4.1 as soon as practicable, and in any event within 20 Business Days after it becomes aware that the Services Compensation Event has caused or is likely to cause the Contractor to breach an obligation under this Agreement and/or the Contractor to incur the Relief Amount, give to the Authority a notice of its claim for relief and/or payment of compensation;
23.4.2 within 10 Business Days of receipt by the Authority of the notice referred to in Clause 23.4.1 (or such other period as the Authority may agree in writing (acting reasonably), having regard to the nature of the Services Compensation Event), give full details of the Services Compensation Event and any Estimated Change in Project Costs claimed (including evidence, on an open book basis, of the calculation of the Relief Amount and of any Estimated Change in Project Costs); and
23.4.3 demonstrate to the reasonable satisfaction of the Authority that:
23.4.3.1 the Services Compensation Event was the direct cause of the Estimated Change in Project Costs and/or breach of an obligation; and
23.4.3.2 the Estimated Change in Project Costs claimed could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.
Procedure for Relief. Subject to clause 15.8 below, to obtain relief or claim compensation under clause 15.5 the Contractor must:-
15.6.1 as soon as practicable, and in any event within twenty (20) Working Days after it becomes aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement and/or the Contractor to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time to the Start on Site Date and/or Target Practical Completion Date and/or Target Service Availability Date or (following the Target Service Availability Date) the Longstop Date payment of any Estimated Change in Project Costs and/or relief from its obligations under this Agreement;
15.6.2 within ten (10) Working Days of receipt by the Authority of the notice referred to in clause 15.6.1, give full details (as far as it is reasonably able and to the extent then known) of the Compensation Event and the extension of time and/or any Estimated Change in Project Costs claimed (including evidence, on an open book basis, of the calculation of any Estimated Change in Project Costs); and
15.6.3 demonstrate to the reasonable satisfaction of the Authority that:-
(a) the Compensation Event was the direct cause of:-
(i) the Estimated Change in Project Costs, and/or loss of revenue; and/or
(ii) any delay in the commencement of the Works on or before the Start on Site Date; and/or
(iii) any delay in achievement of relevant the Services Availability Date on or before the relevant Target Services Availability Date or, (following the relevant Target Services Availability Date but before the relevant Longstop Date), any delay in the achievement of Services Availability; and/or
(iv) breach of the Contractor’s obligations under this Agreement; and
(b) the Estimated Change in Project Costs, loss of revenue, time lost, and/or relief from the obligations under this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.
Procedure for Relief. To obtain relief or claim compensation under Clause Delays due to a Compensation Event the Contractor must:
17.6.1 as soon as practicable, and in any event within [20] Working Days after it becomes aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Part of this Agreement or the Contractor to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time to [the Target Service Availability Date], payment of compensation or relief from its obligations under this Part of this Agreement;
17.6.2 within [14] days of receipt by the Authority of the notice referred to in clause 17.6.1, give full details of the Compensation Event and the extension of time and any Estimated Revised Project Costs claimed (including evidence, on an open book basis, of the calculation of any Estimated Revised Project Costs); and
17.6.3 demonstrate to the reasonable satisfaction of the Authority that:
(A) the Compensation Event was the cause of the Estimated Revised Project Costs and any delay in the achievement of the Target Service Availability Date; and
(B) the Estimated Revised Project Costs, time lost and relief from the obligations under this Part of this Agreement claimed, could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.