Construction Event definition

Construction Event means a geological condition or physical constraint affecting the Facility (including the presence of new or unknown fauna or flora, unexploded ordnance, mudstone, archaeological remains, antiquities or hazardous materials);
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Construction Event means the sudden soil settling that has occurred under certain Project tank foundations, the remediation of which has caused a substantial delay in the completion and start-up of the Project.
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Examples of Construction Event in a sentence

  • If, pursuant to Condition 5 (Adjustment to Installed Capacity Estimate: Relevant Construction Event) of the CfD (Phase 1) Agreement, the Phase 1 Installed Capacity Estimate is reduced (the amount of such reduction being the “RCE Reduction Amount”), the CfD Counterparty shall, within five (5) Business Days of such reduction having been agreed or determined, give a notice to the Generator [and Project Company 3] (a “Phasing RCE-Adjustment Notice”).

  • A Project Co Construction Event of Default shall constitute a default by Contractor under the Construction Contract, provided that, for greater certainty, if the Contractor has received a copy of the notice of default provided to Project Co in accordance with Article 41 of the Project Agreement, Contractor shall not be entitled to any notice of or time period to remedy such Project Co Construction Event of Default.

  • If, pursuant to Condition 5 (Adjustment to Installed Capacity Estimate: Relevant Construction Event) of the CfD (Phase 1) Agreement, the Phase 1 Installed Capacity Estimate is reduced (the amount of such reduction being the "RCE Reduction Amount"), the CfD Counterparty shall, within five (5) Business Days of such reduction having been agreed or determined, give a notice to the Generator [and Project Company 3] (a "Phasing RCE-Adjustment Notice").

  • In addition to the other remedies specified in this Article 12, in the event that any Construction Event of Default or Operational Event of Default is not cured within the applicable cure period set forth above, EPE may elect to treat this Agreement as being in full force and effect, and EPE shall have the right to specific performance.

  • Notwithstanding anything set forth herein to the contrary, prior to the commencement of the Base Term with respect to a Lease Supplement for a Site, the aggregate amount payable by Lessee on a recourse basis under this Article XVIII shall be subject to the limitations on recourse liability set forth in Section 7.9 of the Participation Agreement to the extent such amounts arose solely as a result of an Nonrelated Construction Event relating directly to such Leased Property.

  • If Seller is the defaulting Party, the damages recoverable by EPE on account of a Construction Event of Default or an Operational Event of Default shall include Replacement Energy Costs, provided that damages associated with a Construction Event of Default shall not exceed the amount of the Security Fund provided by Seller.

  • Owner, without waiving or releasing any obligation or Construction Event of Default, may (but shall be under no obligation to) remedy any Construction Event of Default for the account of and at the sole cost and expense of Construction Agent and in furtherance of such right, Owner may make Advance Requests and otherwise exercise all rights and perform all duties of Construction Agent and Lessee hereunder and under the Participation Agreement with respect to the construction of the Facility.

  • If after such thirty (30) day (or shorter) period, the Construction Agent is unable to obtain approval for such postponement, then a Construction Event of Default shall have occurred.

  • To the extent permitted by Applicable Laws and Regulations, Construction Agent hereby waives any rights now or hereafter conferred by statute or otherwise that may require Owner to sell, lease or otherwise use the Leased Property or any part thereof in mitigation of Owner’s damages upon the occurrence of a Construction Event of Default or that may otherwise limit or modify any of Owner’s rights or remedies under this Article V.

  • For the avoidance of doubt, no Participant shall have any obligation to make any Advance if any Construction Event of Default or Construction Default shall be continuing, except to the extent that such Advance is requested with respect to any Construction Costs which have previously been paid by the Construction Agent but not previously reimbursed with proceeds from any Advance prior to the occurrence of such Construction Event of Default or Construction Default.