Common use of Unavoidable Delay During Project Implementation Clause in Contracts

Unavoidable Delay During Project Implementation. “Unavoidable Delay” (for purposes of this Agreement) means any event beyond the control of any party that causes delays or prevents the implementation of the project described in this Agreement, despite the parties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example a fire or acts of war. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party to this Agreement who discovers it will immediately provide notice to the other parties. Within ten days after that initial notice, the party should confirm the event in writing. The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties agree that the delay is unavoidable, the schedule should be extended to cover the time period lost due to the delay. If they agree, they should also document their agreement in a written amendment to this Agreement. If the Parties do not agree, then they should follow the provisions for dispute resolution outlined below. This section applies only to the provisions of this Agreement. Enforceable, regulatory mechanisms, such as permit provisions or rules, are subject to modification or enforcement as provided in applicable law.

Appears in 2 contracts

Samples: Final Xl Project Agreement, Final Xl Project Agreement

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Unavoidable Delay During Project Implementation. “Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the partiesParties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writingwriting . The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties Parties, agree that the delay is unavoidable, relevant parts of the Project schedule should (see Section V.) will be extended to cover the time period lost due to the delay. If they agree, they should will also document their agreement in a written amendment to this Agreement. If the Parties do not don’t agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined below. This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: Final Project Agreement

Unavoidable Delay During Project Implementation. “Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the partiesParties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war, or permitting delays at the State level. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writing. The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties Parties, agree that the delay is unavoidable, relevant parts of the Project schedule should (see Section V.) will be extended to cover the time period lost due to the delay. If they agree, they should will also document their agreement in a written amendment to this Agreement. If the Parties do not agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined below. This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: Project Agreement

Unavoidable Delay During Project Implementation. Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the parties’ Parties best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war, or permitting delays at the State level. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writing. The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties Parties, agree that the delay is unavoidable, relevant parts of the Project schedule should (see Section V.) will be extended to cover the time period lost due to the delay. If they agree, they should will also document their agreement in a written amendment to this Agreement. If the Parties do not agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined below. This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: Project Agreement

Unavoidable Delay During Project Implementation. “Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Project Signatory that causes delays or prevents the implementation of the project Project described in this Agreement, despite the partiesProject Signatoriesbest reasonable efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, chemical supply disruption, process conversion difficulties, a fire fire, severe weather or acts of war. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party to this Agreement Project Signatory who discovers knows about it will immediately provide notice to the other partiesremaining Project Signatories. Within ten (10) days after that initial notice, the party Party should confirm give notice of the event in writing. The confirming notice should includeevent, including appropriate documentation, that includes: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties rest of the Project Signatories agree that the delay is unavoidable, relevant parts of the Project schedule should will be extended to cover the time period lost due to the delay. If they agree, they should the Project Signatories will also document their agreement in a written amendment to this Agreement. If the Parties do not agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined in Section X, below. This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: Final Project Agreement

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Unavoidable Delay During Project Implementation. It is a good idea to anticipate that things may not always go as planned and write an agreement that can adapt to these situations. Suggested language: “Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the partiesParties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war. .” “When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writingwriting . The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. .” “If the parties Parties, agree that the delay is unavoidable, relevant parts of the Project schedule should (see Section ___) will be extended to cover the time period lost due to the delay. If they agree, they should will also document their agreement in a written amendment to this Agreement. If the Parties do not don’t agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined below. .” “This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: archive.epa.gov

Unavoidable Delay During Project Implementation. It is a good idea to anticipate that things may not always go as planned and write an agreement that can adapt to these situations. Suggested language: “Unavoidable Delay” delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the partiesParties’ best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war. .” “When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writingwriting . The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. .” “If the parties Parties, agree that the delay is unavoidable, relevant parts of the Project schedule should (see Section ) will be extended to cover the time period lost due to the delay. If they agree, they should will also document their agreement in a written amendment to this Agreement. If the Parties do not don’t agree, then they should will follow the provisions for dispute resolution Dispute Resolution outlined below. .” “This section applies only to the provisions of this AgreementAgreement that are not implemented by legal implementing mechanisms. Enforceable, regulatory Legal mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in under applicable law.

Appears in 1 contract

Samples: archive.epa.gov

Unavoidable Delay During Project Implementation. “Unavoidable Delay” AUnavoidable delay" (for purposes of this Agreement) means any event beyond the control of any party Party that causes delays or prevents the implementation of the project Project described in this Agreement, despite the parties’ Parties= best efforts to put their intentions into effect. An unavoidable delay can be caused by, for example example, a fire or acts of war. When any event occurs that may delay or prevent the implementation of this Project, whether or not it is avoidable, the party Party to this Agreement who discovers knows about it will immediately provide notice to the other partiesremaining Parties. Within ten (10) days after that initial notice, the party Party should confirm the event in writingwriting . The confirming notice should include: 1) the reason for the delay; 2) the anticipated duration duration; 3) all actions taken to prevent or minimize the delay; and 4) why the delay was considered unavoidable, accompanied by appropriate documentation. If the parties Parties, agree that the delay is unavoidable, the schedule should be extended to cover the time period lost due to the delay. If they agree, they should also document their agreement in a written amendment to this Agreement. If the Parties do not don=t agree, then they should follow the provisions for dispute resolution Dispute Resolution outlined below. This section applies only to the provisions of this Agreement. Enforceable, regulatory mechanisms, such as permit provisions or rules, are will be subject to modification or enforcement as provided in applicable law.

Appears in 1 contract

Samples: Project Agreement

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