Excusable Event. As Contractor's remedy for the occurrence of an Excusable Event, and provided that Contractor has otherwise materially complied with the applicable provisions of Section 11.2 and Section 11.3, if an Excusable Event occurs, any extension to the Construction Schedule shall be to the extent set forth in and in accordance with Section 10.3. If Contractor's costs increase despite Contractor's reasonable efforts to mitigate any such increases pursuant to Section 11.3, the Contract Price shall be increased by the sum of (i) the actual and reasonably substantiated Direct Costs incurred by Contractor as a direct result of such Excusable Event plus (ii) *** of the amount calculated in subclause (i).
Excusable Event. An Excusable Event means an event or circumstance (i) that is beyond the reasonable control of the Contractor, and its Subcontractors and Suppliers, and could not reasonably have been foreseen by the Contractor or its Subcontractors and Suppliers, and (ii) the impact of which could not have been avoided or substantially avoided by the exercise by them of commercially reasonable measures, but for greater certainty includes (subject to items (i) and (ii) above and subject also to items (v) through (viii) below) any (iii) acts of God, storm, earthquake, flood, fire, lightning, war (declared or undeclared), hostilities, national emergency, civil disturbance or commotion, insurrection, embargo, blockade, import restriction, epidemic, landslide, explosion, and (iv) government order, or regulation or other act of the public authority (except where the order or act results from a party’s own acts or omissions or its failure to comply with Applicable Laws or Applicable Permits), but for greater certainty excludes in any event (v) any Site Labour Disturbance, (vi) temperature, precipitation, wind or other weather condition which, in any four week period, differs from the statistical average for that condition in that period by more than one standard deviation, calculated based on relevant data available from Environment Canada, (vii) a circumstance or cause resulting from the fault or negligence or omission of the Contractor or its Subcontractors or Suppliers, or their failure to perform the Contractor’s obligations under this Contract including a failure to properly plan or carry out the Work in accordance with the terms hereof, or (viii) an event or circumstance which by the exercise of reasonable diligence could have been avoided or the effect of which could have been mitigated or which arises from a lack of funds.
Excusable Event. If the Contractor is delayed in the performance or completion of the Work by an Excusable Event, then, subject to the other conditions of this GC6.5, the Contract Time shall be extended for such reasonable time as the Consultant determines, after consultation with the Contractor, as being required to accommodate the anticipated impact on the Contract Schedule of the Excusable Event. Any such time extension shall be confirmed by Change Order under GC6.1. The Contractor shall not be entitled to make or enforce any claim against Owner for any change in the Contract Price or other compensation as a result of an Excusable Event.
Excusable Event. Except as otherwise specifically provided in this Agreement or -------- as a result of changes in the Work as permitted in Section 1.7 of this Agreement, an increase in the Guaranteed Maximum Price shall only be granted under the following circumstances: (a) a demonstrable increase in the Contractor's cost of performing the Work results from the occurrence of an Excusable Event which is identified in Section 2.5.3.1, 2.5.3.4 or 2.5.3.5, and (b) the Contractor has complied with the terms and conditions of the following clauses:
Excusable Event. Any of the following:
Excusable Event. Without derogating from the provisions regarding fulfillment of the requirements of Substantial Completion and Final Completion in circumstances of a Deemed Satisfaction, if an Excusable Event shall occur, then:
Excusable Event. If an Excusable Event shall occur, then:
Excusable Event. Provided Contractor complies with the terms and provisions of this Article 7, Contractor shall be entitled to an equitable: (i) extension to the Milestone Schedule, including the Guaranteed Substantial Completion Date to the extent that such Excusable Event demonstrably, actually and adversely delays Contractor’s performance of any Work that is on the critical path and causes (or will cause) Contractor to complete the Work beyond the Target Substantial Completion Date, and/or (ii) increase to the Contract Price to the extent such Excusable Event demonstrably increases Contractor’s cost of performing the Work, and in each case Contractor complies with the Change Order requirements of this Agreement. For the avoidance of doubt, Contractor shall continue to perform all other Work not affected by the Excusable Event in order to mitigate the impact of the Excusable Event on Contractor’s ability to meet the Milestone Schedule, including the Target Substantial Completion Date.
Excusable Event. As Contractor’s only remedy for the occurrence of an Excusable Event, subject to Section 19.4, and provided that Contractor has complied with the provisions of Sections 8.2, 8.3 and 8.4, if an Excusable Event occurs (i) the Project Guaranteed Dates shall be extended and the Milestone Summary Schedule shall be correspondingly adjusted by the period of time, if any, that Contractor is actually and demonstrably delayed in the performance of Critical Path Item(s) as a result of such Excusable Event, and (ii) if Contractor’s cost actually and demonstrably increase despite Contractor’s commercially reasonable efforts to mitigate any such increases, the Contract Price shall be adjusted by the sum of: (x) the difference of the direct costs (without profit, overhead or contingency) incurred by the Contractor because of such Excusable Event, less any savings or costs not incurred because of such Excusable Event, plus (y) an allowance for profit, overhead, contingency and escalation, in each case as set forth in a Change In Work Form; provided, however, that in no event shall any Change In Work include contingency amounts related to the Labor Pool (as defined in Exhibit I); provided, further, that an Excusable Event may result in a modification or amendment to the Agreement if mutually agreed by Contractor and Owner as pursuant to Section 33.4.
Excusable Event. Section 8.1. Excusable Event Defined 17 Section 8.2. Notice 18 Section 8.3. Suspension of Obligations 18 Section 8.4. Strikes 18 Section 8.5. Lack of Finances 18 Section 8.6. Obligation of Carrier 18 ARTICLE NINE GENERAL Section 9.1. Notices 19 Section 9.2. Entire Agreement 19 Section 9.3. Governing Law 20 Section 9.4. Commercial Obligations 20 Section 9.5. Nature of Obligations 20 Section 9.6. Waiver of Immunity 20 Section 9.7. Amendment of General Terms and Conditions 20 Section 9.8. JOA and Association Contracts 20 Section 9.9. Severability 20 Section 9.10. Further Assurances 21 Section 9.11. Headings 21 Section 9.12. Remedies 21 Section 9.13. Waiver 21 Section 9.14. Approvals 21 Section 9.15. Acknowledgement 21 Section 9.16. Counterparts 21 Section 9.17. Language of Agreement 21 Schedule A — Definitions Schedule B — Oleoducto Central Description Schedule C — Tariff Regulations Schedule D — Initial Shippers General Terms and Conditions Schedule E — Form of Transportation Note Schedule F — Form of Designation Notice Schedule G — Form of Disputed Invoice Notice Schedule H — Central Xxxxxx Contracts ARTICLE ONE
