Relief Event Clause Samples

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. 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. 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. 15.3.1 The Project Co shall be entitled to request relief from performance of its obligations pursuant to Clause 15.2, to the extent that its ability to perform the same is adversely affected by any Relief Event. Any such request shall be made by service of a notice on the Trust’s Works Adviser within five Working Days of the Project Co becoming aware of the relevant Relief Event or, if later, of its failure to perform. Such initial notice shall give sufficient details as are necessary to identify the particular event claimed to be a Relief Event and shall, within a further five Working Days, be followed by a further notice from the Project Co to the Trust’s Works Adviser containing such relevant information relating to the Relief Event and/or any failure to perform as is available to the Project Co, including: (A) full details of the Relief Event, including its nature, the date of its occurrence and its duration; (B) the effect of the Relief Event on the Project Co’s ability to perform its obligations pursuant to Clause 15.2, including details of the relevant Works, the precise effect on their reinstatement and the likely duration of that effect; and (C) an explanation of any measures that the Project Co proposes or intends to adopt to mitigate the consequences of the Relief Event, save to the extent that it is not practicable to take mitigating action. 15.3.2 If, following the issue of any notice pursuant to Clause 15.3.1, the Project Co receives or becomes aware of any further information relating to the Relief Event and/or any failure to perform, it shall submit such further information to the Trust’s Works Adviser as soon as possible. The Trust’s Work Adviser may request from the Project Co any further information which the Trust’s Works Adviser may reasonably require to fulfil its obligations under Clause 15.3.3 and the Project Co shall supply the same within a reasonable period after such request.

Relief Event. (a) Subject to Section 3(e) and Section 6(c) of this Schedule, to the extent, and for so long as, a New Line prevents, hinders or delays Project Co’s performance of the Project Work (including the Services) Project Co may claim a Relief Event in accordance with Section 13.4 [Procedure on Relief Event] of the Agreement.

Relief Event. 20.1 To the maximum extent permitted by law, the Supplier shall not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of the Contract to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by any Relief Event.

Relief Event. 8.1. There may be circumstances where an act or omission or failure by the Customer to perform its obligations under this Agreement or a Statement of Work, including the Customer Responsibilities, has an adverse effect on the ability of Supplier to perform the Services (“Relief Event”). 8.2. Supplier shall promptly notify the Customer whenever it reasonably believes that any failure by the Customer to perform its obligations under this Statement of Work has or is likely to have a detrimental effect on Supplier’s ability to perform the Services or on the efficiency or cost to the Customer of receiving and/or obtaining the benefit of the Services. 8.3. The non-performance or delay by Supplier of its obligations under this Statement of Work shall be excused if and to the extent that: 8.3.1. such non-performance or delay results from a Relief Event; 8.3.2. the Supplier notifies the Customer in writing (providing all details of the Relief Event as are reasonably apparent to the Supplier at the time) promptly after the Supplier becomes aware of the Relief Event (and where relevant via a notice or report in such format as may have been agreed between the Parties for that purpose (which, for the avoidance of doubt, may be by way of: (i) a report at a formal governance meeting provided that the report being submitted at such meeting makes clear that it is intended to serve as a 'Relief Notice' by express reference to clause 8.3.3; or (ii) via an email to the Customer provided that the subject of such email makes clear that the email is intended to serve as a 'Relief Notice')); 8.3.3. the Supplier uses all reasonable endeavours to mitigate the Relief Event and to perform the Supplier Services notwithstanding the Relief Event; and 8.3.4. Supplier has complied with its obligations in accordance with this clause in respect of the Relief Event. 8.4. Notwithstanding the occurrence of a Relief Event, Supplier shall use reasonable endeavours to perform the Supplier Services without incurring any additional costs. If Supplier incurs additional costs (including work extensions due to Customer delays) in performing the Supplier Services as a result of the Relief Event, it shall be able to recover such additional costs from the Customer. 8.5. The Relief Notice shall specify the following information, to the extent that such information is reasonably apparent to the Supplier at the time: 8.5.1. the affected Supplier Services; 8.5.2. the cause(s) of the delay or interruption; an...

Relief Event. 14.1 AS will not be in breach of this Agreement to the extent its failure to perform an obligation under this Agreement is a result of a Relief Event. 14.2 If a Relief Event occurs AS shall use reasonable endeavours to continue to perform the Services without incurring any additional direct costs. To the extent AS incurs any additional costs in performing the Services as a result of any Relief Event it shall be entitled to recover such additional costs from Customer.