Common use of Action by Department Clause in Contracts

Action by Department. (a) Following service of such notice or the occurrence of an Emergency, the Department shall take any of the actions referred to in Section 25.2 (Notice to the Development Entity) and any consequential additional action as it reasonably believes is necessary (together, the Required Action) and the Development Entity shall use Reasonable Efforts to give all assistance to the Department while it is taking the Required Action. The Department shall provide the Development Entity with notice of completion of the Required Action and shall use Reasonable Efforts to provide such advance notice as is reasonably practicable of its anticipated completion. (b) The Department shall undertake all Required Actions in accordance with Good Industry Practice and, if applicable, the requirements of any manufacturer’s warranty in respect of any equipment installed or used at any Project Site.

Action by Department. (a) Following service of such notice or the occurrence of an Emergency, the Department shall take any of the actions referred to in Section 25.2 (Notice to the Development Entity) and any consequential additional action as it reasonably believes is necessary (together, the Required Action) and the Development Entity shall use Reasonable Efforts to give all assistance to the Department while it is taking the Required Action. The Department shall provide the Development Entity with notice of completion of the Required Action and shall use Reasonable Efforts to provide such advance notice as is reasonably practicable of its anticipated completion. (b) The Department shall undertake all Required Actions in accordance with Good Industry Practice and, if applicable, to at least the requirements of any manufacturer’s warranty same applicable standards achieved on Comparable Facilities in respect of any equipment installed or used at any Project Sitesubstantially similar work.