Supervening Event definition
Examples of Supervening Event in a sentence
Nothing in this Agreement will limit the right of the Authority to perform or mitigate its obligations in respect of Supervening Events or the consequences of a Supervening Event by requiring a Change or Changes.
Notwithstanding the foregoing, HPTE and CDOT may agree in advance of any Compensation becoming due to the Developer in respect of any Supervening Event to a different allocation of costs.
If the Supervening Event Notice or any required information is provided by an Applicant to the other party after the dates referred to in Section 8.2 (Procedures Upon the Occurrence of a Supervening Event), then the Applicant will not be entitled to any compensation, extension of time or relief from its obligations under this Agreement to the extent that the amount thereof was increased or the ability to mitigate was adversely affected as a result of such delay in providing such notice or information.
Supervening Event A Force Majeure Event, a Delay Event, a Delayed Completion Event, or a Compensation Event.
Should the achievement of Financial Close as referred to in Article 3.1 (a) be postponed on account of a Supervening Event then the Contractor must ensure an adequate extension of the term of the Financial Close Guarantee, such that for as long as the Supervening Event persists, the remaining term of the Financial Close Guarantee is always at least 2 months.
If the Contractor cannot obtain the Commencement Certificate within this period as a result of a Supervening Event, then the period for obtaining the Commencement Certificate shall be extended until the day that falls 10 Working Days after the day on which the Supervening Event no longer impedes obtaining the Commencement Certificate.
Pursuant to the C-70 Project Agreement, the Enterprises (i) are required to pay Milestone Payments to the Developer in consideration of Work performed by Developer up to and including Substantial Completion; (ii) may be required to pay Compensation to the Developer in relation to a Supervening Event; and (iii) may be required to make certain incentive payments to the Developer upon achievement of workforce participation goals.
The Developer shall, however, subject to the Supervening Event provisions hereof, bear all risk of loss concerning such structures, improvements, fixtures, machinery, equipment and materials until Substantial Completion, regardless of the extent to which the loss was insured or the availability of Insurance Proceeds.
Pursuant to the C-70 Project Agreement, commencing in the First payment month following the Substantial Completion Date, the Enterprises are required to pay Performance Payments (comprised of a Capital Performance Payment and an OMR Payment) to Developer in consideration of Work performed by Developer, and may be required to pay Compensation to the Developer in relation to a Supervening Event.
Developer shall have no claim to a Supervening Event on account of any incompleteness or inaccuracy in the Reference Documents.