Common use of Agreements with Governmental Authorities Clause in Contracts

Agreements with Governmental Authorities. 3.6.1 Without limiting any other provision of this Agreement, the Concessionaire, subject to Section 3.6.2, will enter into or cause to be entered into any agreement with any Governmental Authority or other person required in connection with the Project or to enable the Concessionaire to perform the Operations in accordance with the terms of this Agreement, provided that if the Province or BCTFA will be bound or affected in any way by any such agreement, the Concessionaire will obtain the approval of the Province or BCTFA (as the case may be) before entering into the agreement (such approval not to be unreasonably withheld). 3.6.2 Notwithstanding Section 3.6.1, if the Province determines in its absolute and unfettered discretion that it is appropriate in the circumstances for the Province and/or BCTFA to be a party or parties to any agreement mentioned in Section 3.6.1, the Concessionaire will assist the Province and/or BCTFA (as the case may be) in entering into such agreement; provided, however, that the Concessionaire will not be relieved of any of its obligations under Section 3.6.1 or any other provision of this Agreement as a result of any such determination by the Province or assistance provided by the Concessionaire, and provided further that if the Province or BCTFA incurs or will incur any liability or obligation under any such agreement, the form and substance of the agreement will be subject to the prior approval of the Province and/or BCTFA (as the case may be) (which approval may be granted or withheld by the Province or BCTFA in its absolute and unfettered discretion) and, as between the Province and/or BCTFA (as the case may be) and the Concessionaire, the Concessionaire will be responsible for such liabilities and the performance of such obligations and will indemnify and hold the Province and/or BCTFA (as the case may be) harmless in respect thereof in a manner satisfactory to each of the Province and/or BCTFA (as the case may be).

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

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Agreements with Governmental Authorities. 3.6.1 Without (a) The Primary Contractor, subject to Section 4.13(b) but without limiting any other provision of this Agreement, the Concessionaire, subject to Section 3.6.2, will shall enter into or cause to be entered into any agreement with any Governmental Authority or other person required in connection with the Project Work or to enable the Concessionaire Primary Contractor to perform the Operations Work in accordance with the terms of this Agreement, provided that that, if either or both of the Province or and BCTFA will be bound or affected in any way by any such agreement, the Concessionaire will obtain Primary Contractor shall seek the approval acceptance of the Province or BCTFA (as Province's Representative, in its discretion, to the case may be) terms of such agreement pursuant to the Consent Procedure before entering into the agreement agreement.‌ (such approval not b) If the Province's Representative consents to be unreasonably withheld). 3.6.2 Notwithstanding Section 3.6.1, if either or both of the Province determines in its absolute and unfettered discretion that it is appropriate in the circumstances for the Province and/or BCTFA to be being a party or parties to any agreement mentioned referred to in Section 3.6.14.13(a), the Concessionaire will Primary Contractor shall assist either or both of the Province and/or and BCTFA (as the case may be) in entering into such agreement; provided, however, that the Concessionaire will Primary Contractor shall not be relieved of any of its obligations under Section 3.6.1 4.13(a) or any other provision of this Agreement as a result of any such determination by consent of the Province Province's Representative or assistance provided by the Concessionaire, Primary Contractor; and provided further that that, if either or both of the Province or BCTFA incurs or will shall incur any liability or obligation under any such agreement, the form and substance of the agreement will shall be subject to the prior approval of either or both of the Province and/or and BCTFA (as the case may be) (which approval may be granted or withheld by the Province or BCTFA in its absolute and unfettered discretion) and, as between the Province and/or and BCTFA (as the case may be) and the ConcessionairePrimary Contractor, unless otherwise agreed in writing by the parties, the Concessionaire will be responsible for Primary Contractor shall discharge such liabilities and the performance of perform such obligations and will shall indemnify and hold harmless the Province and/or BCTFA (as and the case may be) harmless Province Indemnified Persons, and each of them, in respect thereof in a manner satisfactory to each of any failure of the Province and/or BCTFA (as the case may be).Primary Contractor to discharge such liabilities or perform such obligations.‌

Appears in 1 contract

Samples: Design Build Finance Agreement

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Agreements with Governmental Authorities. 3.6.1 Without (a) The Concessionaire, subject to Section 4.19(b) but without limiting any other provision of this Agreement, the Concessionaire, subject to Section 3.6.2, will shall enter into or cause to be entered into any agreement with any Governmental Authority or other person required in connection with the Project or to enable the Concessionaire to perform the Operations Project Work in accordance with the terms of this Agreement, provided that that, if the Province or BCTFA will be bound or affected in any way by any such agreement, the Concessionaire will obtain shall seek the approval consent of the Province or BCTFA Province’s Representative pursuant to the Consent Procedure (as the case may besuch consent not be unreasonably withheld) before entering into the agreement (such approval not to be unreasonably withheld)agreement. 3.6.2 Notwithstanding Section 3.6.1, if (b) If the Province determines in its absolute and unfettered discretion that it is appropriate in the circumstances for Province’s Representative consents to the Province and/or BCTFA to be being a party or parties to any agreement mentioned referred to in Section 3.6.14.19(a), the Concessionaire will shall assist the Province and/or BCTFA (as the case may be) in entering into such agreement; provided, however, that the Concessionaire will shall not be relieved of any of its obligations under Section 3.6.1 4.19(a) or any other provision of this Agreement as a result of any such determination by consent of the Province Province’s Representative or assistance provided by the Concessionaire, ; and provided further that that, if the Province or BCTFA incurs or will shall incur any liability or obligation under any such agreement, the form and substance of the agreement will shall be subject to the prior approval of the Province and/or BCTFA (as the case may be) (which approval may be granted or withheld by the Province or BCTFA in its absolute and unfettered discretion) and, as between the Province and/or BCTFA (as the case may be) and the Concessionaire, unless otherwise agreed in writing by the parties, the Concessionaire will be responsible for shall discharge such liabilities and the performance of perform such obligations and will shall indemnify and hold harmless the Province and/or BCTFA (as and the case may be) harmless Province Indemnified Persons, and each of them, in respect thereof in a manner satisfactory to each of any failure of the Province and/or BCTFA (as the case may be)Concessionaire to discharge such liabilities or perform such obligations.

Appears in 1 contract

Samples: Concession Agreement

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