Relief Event Clause Samples
A Relief Event clause defines specific circumstances under which a party is excused from performing certain contractual obligations, typically due to events beyond their reasonable control. In practice, this clause may apply to situations such as natural disasters, government actions, or other unforeseen disruptions that prevent timely performance. Its core function is to allocate risk by providing temporary protection from liability or penalties when performance is hindered by extraordinary events, ensuring fairness and clarity in the contract.
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Relief Event. If, and to the extent, BNY Mellon’s performance of an obligation pursuant to the Agreement is (1) prevented or delayed by the failure of Voya or any Voya Agent(s) to timely perform any of their obligations pursuant to the Agreement, (2) inaccurate due to the inaccuracy or incompleteness of Voya Data or Third Party Data (except to the extent such inaccurate or incomplete Third Party Data originates with a BNY Mellon Agent), then BNY Mellon shall be excused for such non-performance (or inaccurate performance) of its obligation and shall not be in breach of the Agreement or subject to liability under the Agreement for as long as such non-performance by Voya or such Voya Agent(s) continues or to the extent BNY Mellon’s inaccurate performance is the result of such inaccurate or incomplete Voya Data or Third Party Data (a “Relief Event”); provided that BNY Mellon (a) uses commercially reasonable efforts to mitigate the impact of such Relief Event, (b) continues to use commercially reasonable efforts (including emergency fixes and work-arounds) to perform such obligation, and (c) provides Voya notice of such non-performance by Voya as soon as is reasonably practicable after BNY Mellon knows of such non-performance or knows of such inaccurate or incomplete Voya Data or Third Party Data, but in no event later than 72 hours after actual discovery of such non-performance or inaccurate or incomplete Voya Data or Third Party Data, describing in reasonable detail the nature of such non-performance.
Relief Event. Cognizant Group shall be excused for its non-performance of an obligation under this Agreement for as long as, and to the extent, Cognizant Group’s performance of such obligation is directly prevented by (1) the failure of NAIC Group or an NAIC Agent to perform any of its obligations under this Agreement (including, subject to a root cause analysis, a failure of a system provided by NAIC Group or an NAIC Agent to perform in accordance with the requirements set forth in an SOW, provided such failure is not due to an act or omission of Cognizant or its Affiliates); (2) a written or electronic agreement between the Cognizant Service Delivery Executive and NAIC Senior Executive to re-direct resources or priorities other than in the ordinary course of the Services (provided, however, that the Cognizant Service Delivery Executive notifies the NAIC Senior Executive prior to such agreement that such re-direction or re-prioritization shall cause such non-performance); or (3) incorrect or incomplete information provided by a third party that could not have been identified as incorrect or incomplete in connection with Cognizant Group’s performance of the Services or the exercise of reasonable judgment (a “Relief Event”); provided, however, that Cognizant Group (a) demonstrates the basis for the Relief Event was the primary cause of such non-performance, (b) uses commercially reasonable efforts to mitigate the impact of such Relief Event, (c) continues to use commercially reasonable efforts (including emergency fixes and workarounds) to perform such obligation and (d) provides NAIC Group notice of such non-performance describing in reasonable detail the nature of such non-performance as soon as possible after Cognizant Group (i) knows of such non-performance, but in no event later than one Business Day after Cognizant Group has such knowledge or (ii) should have known of such non-performance in which case Cognizant Group shall not be excused until after it provides notice of the non-performance.
Relief Event. Where the conditions set out in Clause 23.3 are satisfied and the Scottish Ministers are legally able to assist the Company in relation to the removal of Protestors but elect not to assist pursuant to Clause 23.4 then, provided always that the Protestor Actions has not arisen (directly or indirectly) as a result of any wilful default or wilful act of the Company or any of its Sub-Contractors, the Protestor Action shall be deemed to be a Relief Event.
Relief Event. Customer acknowledges and agrees that there may be instances in which Provider will be unable to perform the Services without assistance from Customer. Consequently, Customer will provide to Provider, in a timely manner, such resources specified in each SOW, to enable Provider to perform the Services. Examples of such resources may include connectivity support, documentation, knowledge base, hardware, software, support personnel and trainers. Failure of Customer to provide any such assistance or resources specified in the applicable SOW will not constitute a breach by Customer or Customer Default but will merely be a Relief Event to the extent, and only for so long as, such failure persists and actually causes Provider to be unable or impairs Provider’s ability to provide the affected Services. Provider shall be obligated to perform any Services which are unaffected by such failure on the part of Customer, and Provider shall continue to provide even affected Services to the maximum extent that it is feasible to do so. Any resources not specifically identified in a SOW as Customer’s responsibility to obtain or provide shall be deemed to be Provider’s responsibility.
Relief Event. In the event that there shall be a Relief Event and a Party claiming the Relief Event uses commercially reasonable efforts to mitigate the consequences of any time delay resulting therefrom (including, where possible, establishing a contingency plan on commercially reasonable terms which will allow such Party’s normal operations to be resumed within a reasonable time thereafter) and shall have provided Notice to either of the Owner or the Project Manager, as the case may be, with respect to the occurrence of the Relief Event within seven (7) days of its occurrence, the Project Manager or the Owner, as the case may be, shall be entitled to an extension of time with respect to the obligations of the Project Manager or the Owner, as the case may be, directly and adversely affected by the Relief Event equal to the time during which the Relief Event occurred.
Relief Event. Should ▇▇▇▇ suffer loss or incur extra expense or its obligations under the Agreement be increased by reason of any delay, variation, interruption or suspension of or to the Services arising from or relating to the following (hereinafter referred to as the “Relief Events”): - Any act or omission of the Customer, its officers, directors, employees, agents or Subcontractors; or - Any delay or failure by the Customer to comply with any of its obligations as set out in the Agreement; or Then, without prejudice to ▇▇▇▇’▇ other rights and remedies: - ▇▇▇▇ shall be granted an extension of time in respect of the performance of the Services to the extent that any Relief Event causes any delay and ▇▇▇▇ shall not be in default by reason of such delay; and - ▇▇▇▇ shall be relieved of its obligation to perform the Services to the extent that any Relief Event necessarily prevents or hinders ▇▇▇▇ from performing the relevant Services and ▇▇▇▇ shall not be in default to the extent that it is so prevented or hindered from performing the Services; and - The Customer shall indemnify and hold ▇▇▇▇ harmless from and against any loss, damage or liability which it may suffer as a result of the Customer failing to comply with its obligations under the Agreement.
Relief Event. 14 Section 2.06 New Services ....................................................................................................... 14 Section 2.07 Quality Assurance and Continuous Improvement ............................................... 15 Section 2.08 Policies and Procedures Manual .......................................................................... 15 Section 2.09 Divestitures and Acquisitions .............................................................................. 16 Section 2.10 Transition and Transformation ............................................................................ 16 ARTICLE 3
Relief Event. Without limiting any of its other rights or remedies Morcan may (without liability) revise any anticipated delivery dates due to any delay caused by:
5.4.1. Any Relief Event, or any Force Majeure Event, including any act or omission of any third party beyond Morcan's reasonable control; or
5.4.2. Delays associated with the procurement of a Tail Circuit.
Relief Event. Mitigation and Process Where the City or DB Co is affected by a relief event, such party shall take commercially reasonable steps to mitigate the consequences of the relief event upon the performance of its obligations, shall resume performance of its obligations affected by the relief event as soon as practicable and shall use commercially reasonable efforts to remedy its failure to perform. Failure to comply with the obligation to mitigate shall be taken into account in determining the party’s entitlement to relief. Force Majeure Force majeure means any of the following events or circumstances, including, but not limited to, the following examples, which directly causes either the City or DB Co to be unable to perform all or a material part of its obligations under the Project Agreement: • war, civil war, armed conflict, terrorism, acts of foreign enemies or hostilities; • nuclear or radioactive contamination, unless DB Co or any DB Co party is the source or cause of the contamination; • chemical or biological contamination; • pressure waves; or • the discovery of any species-at-risk, fossils, artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which mandate the abandonment of the works. The Party claiming relief shall be relieved from liability under this Project Agreement to the extent that, by reason of the Force Majeure, it is not able to perform its obligations under this Project Agreement. DB Co will be compensated for a force majeure event resulting in the termination of the Project Agreement in accordance with Schedule 23 – Compensation on Termination. In addition, DB Co will be compensated for a force majeure that becomes a delay event prior to the substantial completion date by an amount equal to the debt service amount accrued and paid or which became payable during the period of delay by DB Co to the relevant lenders which, but for the delay event, would not have been paid by DB Co or any DB Co party to the relevant lenders.
Relief Event. The Academy acknowledges that any breach of this undertaking may cause the occurrence of a Compensation Event whereupon the provisions of Sub- Clause 19.4 shall have effect.