Excusing Cause definition

Excusing Cause has the meaning given in Clause 51.2;

Excusing Cause any of the following: (a) where there is a failure by a utility supplier to supply utilities to the relevant Premises through no fault of the Concessionaire, the Excusing Case shall only be for the period up to the point the relevant utility supplies are fully reinstated; (b) If the Council carries out maintenance to the Premises the Concessionaire shall be excused from Performance Defaults caused as a direct result of those maintenance works. (c) Any other cause reasonably beyond the control of the parties which renders performance of this Agreement impossible; (d) where the Council is in breach of its obligations under the Contract, or as a result of failure of building, plant, fixtures, fittings or equipment for which the Council has the responsibility of replacement and repair, provided always that such failure, defect or damage was not caused in whole or in part by the Concessionaire; (e) in the event of a Force Majeure Event occurring (as defined in this Agreement); (f) where a failure in performance of the Agreement by the Concessionaire has been caused by an act or omission of the Council; (g) where the Concessionaire has been notified in writing by the Council or the Authorised Officer that a particular activity shall cease; (h) where there is failure by a third party beyond the Concessionaire’s control; (i) in the event of an Emergency; (j) where the Council has exercised its step-in rights under Clause 39; WORD OR PHRASE MEANING “Expiry Date” 30th September 2019 or such later date on which this Agreement expires in accordance with this Agreement; “Fees Regulations” the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004;

Excusing Cause has the meaning given in Section 41.1(a) of the Project Agreement.

Examples of Excusing Cause in a sentence

• To the extent that an Availability Failure or a Performance Failure: is the result of an Excusing Cause; or [is the result of an External Utility Failure,] the Authority shall not be entitled to make Deductions.

• No Additional Mileage Deductions may be made if, and to the extent that, it has been demonstrated to the reasonable satisfaction of the Authority that the Unavailability of the Interface Site is a direct result of an Excusing Cause.

• Sub-hubco shall take all reasonable steps to mitigate the consequences of an Excusing Cause on Sub-hubco's ability to perform its obligations under this Agreement.

• To the extent that Sub-hubco does not take such steps, Sub-hubco shall not be entitled to, and shall not receive, the relief specified in Clause 51.1 To avoid doubt, Clause 51.2.2 shall not impose a general obligation on the Authority to take (or to procure that any Authority Party takes) such steps and shall apply (and be construed) solely for the purpose of establishing whether an Excusing Cause has occurred.

• Mitigation of Excusing Cause Project Co shall take all reasonable steps to mitigate the consequences of an Excusing Cause on Project Co's ability to perform its obligations under this Agreement.

More Definitions of Excusing Cause

Excusing Cause means the items listed in paragraphs [3.7.1 and 4.5.5 of schedule 6] to the Project Agreement;17

Excusing Cause means any Excusing Cause (as defined in the Project Agreement, mutatis mutandis) which arises during the Interim Maintenance Period to the extent that it interferes adversely with, or causes a failure of, the performance of the O&M Interim Services.

Excusing Cause means any relief given by the Authority to the Contractor pursuant to the payment mechanism within the Project Agreement in respect of payment mechanism deductions;

Excusing Cause means any act or omission of Licensee, including without limitation any breach of any of Licensee’s express obligations under this Agreement, and / or any Licensee party, which affects FDB’s performance of the Services (unless, and to the extent, caused or contributed to by FDB or any subcontractor of FDB);

Excusing Cause means any of the following events or circumstances if it occurs after the Revenue Service Availability Date to the extent, in each case, that it interferes adversely with, or causes a failure of, the performance of the Maintenance Services:

Excusing Cause has the meaning given in Section 27.1 (Excusing Causes); “Exempt Refinancing” means:

Excusing Cause an event as listed in limbs (a) to (f) of the definition of “Excusing Cause” as defined in the WMRC; “Fees Regulations” the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004