Abnormal Circumstances definition
Abnormal Circumstances generally means circumstances of a significant nature and for periods of time sufficiently long to disrupt the treatment process of mine water, which are beyond the control of the operator, for which no provision is made in the annual operating budget (including the Maintenance Fund) for the facilities and which impair the service provided by the facilities including, without limitation:- the presence of abnormal or toxic substances in the untreated mine water which exceeds the design treatment parameters of the WTP;- effluent characteristics exceeding the design parameters of the Mine Water Collection, and WTP;- Force Majuere- damage to the facilities caused by the Province, its servants, agents, employees or contractors (excluding the operator).
Abnormal Circumstances means circumstances of a significant and prolonged nature beyond the control of the Utility which impair the Operation and Maintenance of the Facilities and the Extended System and the provision of the Services resulting from and including but not limited to:
Abnormal Circumstances means such circumstances as materially disrupt the Work or the Operations and are beyond the reasonable control of the Operator, including:
(i) Force Majeure;
(ii) an Emergency;
(iii) physical changes within the Workings, after the date of this Agreement, such as collapse or accumulation of debris, which result in changes in the hydraulic behaviour of the Workings and which substantially affect the flow of Contaminated Water at the Point of Responsibility;
(iv) the chemical characteristics of influent Contaminated Water change so that the chemical characteristics thereof fall outside of the Expected Water Chemistry Range;
(v) any change in Applicable Law which requires that the Contaminated Water be treated to a standard higher than the Operational Performance Requirements or if the Permits are revoked or cancelled notwithstanding that the Operations are being conducted in accordance with the Operational Performance Requirements and Standards;
(vi) any interruption of the Implementation Schedule by reason of the discovery of Contaminants which are not disclosed by the Reference Documents;
(vii) any consequence arising from or related to a requirement imposed on the Operator pursuant to the Dispute Resolution Procedure or by any Governmental Authority with which the Operator does not agree and which the Operator has notified the Province that if the Operator implements the requirement, the Project, Work or Operations, as applicable, will be compromised and why, as contemplated by Section 5.4;
(viii) any change in the chemistry of Contaminated Water such that the treatment of the Contaminated Water as required by this Agreement results in production of more than 1.4 dry tonnes of solids per hour;
(ix) any Abnormal Water Event;
(x) circumstances which are dealt with pursuant to Section 6.4(b);
(xi) deterioration or failure of the Plug, including any pipes or fittings embedded within the Plug and any failure of the Workings which results in leakage in proximity to the Plug;
(xii) impacts, delays and damage to the Project caused by the Province, its servants, agents, employees or contractors (excluding the Operator or its Subcontractors) or Other Contractors; and
(xiii) any other circumstance which the Province, in the Province’s sole discretion, designates as an Abnormal Circumstances. “Abnormal Circumstances” does not, unless expressly stated to the contrary in a provision of this Agreement, include circumstances which are due to:
(xiv) lack of financial reso...
Examples of Abnormal Circumstances in a sentence
In the event of a delay due to Abnormal Circumstances of which the Province has been notified pursuant to Section 34.6(a), the Operator will be entitled to a Variation modifying the Implementation Schedule and extending the Scheduled Completion Date and the Term, but not otherwise amending this Agreement or the obligations of the Province and the Operator hereunder, as contemplated by Section 7.4.
Notwithstanding a suspension of contractual obligations because of Abnormal Circumstances, the Payment Mechanism will continue to apply, including in respect of payment adjustments and deductions.
In addition the Operator will be responsible for the management of any Capital Work arising as a result of Abnormal Circumstances, including Emergencies.
More Definitions of Abnormal Circumstances
Abnormal Circumstances means circumstances that are beyond the reasonable control of the Contractor (it being agreed that tack of financial resources does not constitute such a circumstance) and that are of a significant nature and continue for a period of time sufficiently long to disrupt the municipal drinking water system from operating in accordance with the Regulatory Requirements or to otherwise prevent or disrupt the ability of the Contractor to perform the Services in accordance with the terms of this Agreement, including circumstances resulting from:
Abnormal Circumstances means circumstances that are beyond the reasonable control of the Contractor (it being agreed that tack of financial resources does not constitute such a circumstance) and that are of a significant nature and continue for a period of time sufficiently long to disrupt the municipal drinking water system from operating in accordance with the Regulatory Requirements or to otherwise prevent or disrupt the ability of the Contractor to perform the Services in accordance with the terms of this Agreement, including circumstances resulting from:
i. Change in Regulatory Requirements; ii. an Emergency; and iii. Events of Force Majeure;