O&M Requirements. 14.2.1 The Concessionaire may at any time hereafter submit to the Province’s Representative in accordance with the Review Procedure any proposed revision to or substitution for the O&M Requirements (as previously varied in accordance with this Section 14.2 [O&M Requirements]) or any part thereof. If there is no objection to such proposed revision or substitution (on the grounds set out in paragraph 3.4 of Part 2 of Schedule 8 [Review Procedure]), then the O&M Requirements as so varied will, subject to Section 14.2.2, be the O&M Requirements for the purposes of this Agreement, subject to any further revision or substitution in accordance with this Section 14.2.1 to which there is no objection in accordance with the Review Procedure. A revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 will not in any way qualify or relieve the Concessionaire of its primary responsibility to comply with, satisfy and perform the O&M Output Specifications notwithstanding any review of or failure to object to the proposed revision or substitution by the Province's Representative. For greater certainty, no additional payment to the Concessionaire or adjustment to the Total Performance Payment will be made as a consequence of implementation of a revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 or Section 14.2.2.
O&M Requirements. The O&M Requirements may be modified only by amendment of the O&M Requirements made in accordance with Section 7.2. If the Contractor asserts that any aspect of the O&M Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the O&M Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the O&M Requirements, and shall indemnify the Contractor against any claims by third parties (including the reasonable cost of defending such third party claims, on a solicitor and client basis) for personal injuries or property damage to the extent that the Province has agreed with the Contractor, or a Court has determined, that such injury or damage was caused or contributed to by a failure of the O&M Requirements to be adequate and suitable.
O&M Requirements. The O&M Requirements may be modified only by amendment of the O&M Requirements made in accordance with Section 7.2. If the Contractor asserts that any aspect of the O&M Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the O&M Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the O&M Requirements for achieving public safety, and shall indemnify the Contractor against any claims by third parties for personal injuries or property damage to the extent that a Court of competent jurisdiction has determined that such injury or damage was caused or contributed to by a deficiency in the O&M Requirements.
O&M Requirements. Borrower shall comply with all the terms and conditions contained in each O&M Plan. If any Assets at any time are known to contain (or for which there is a reasonable basis to believe that such Assets may contain) ABM, Borrower shall promptly implement an O&M Plan.
O&M Requirements. Within 90 days after the Closing Date, the Borrower shall design an operations and maintenance plan ("O&M Plan") which shall be reasonably satisfactory to the Administrative Agent, for asbestos-bearing materials ("ABM") that is consistent with the recommendations in the Environmental Protection Agency's "Managing Asbestos in Place, A Building Owner's Guide to Operations and Maintenance Programs for Asbestos-Containing Materials" and for other Materials of Environmental
