Alternate Contractors. Except with respect to work regarding Substation Upgrade Facilities (which in all events shall be performed and/or controlled by Transmission Owner), Transco shall have the right, upon written notice to Transmission Owner and at its sole cost and expense, to obtain alternate contractors to perform the Services during any Force Majeure Event that prevents or delays Transmission Owner’s performance hereunder if the Force Majeure Event has or, in Transco’s reasonable judgment, threatens to have an adverse effect on Transco’s ability to conduct its operations (an “Alternate Contractor”); provided that Transmission Owner shall have no liability to Transco in respect of Services performed by an Alternate Contractor, and provided, further that any such Alternate Contractor satisfies and otherwise complies with Transmission Owner’s requirements, policies and procedures and with the requirements, if applicable, of the Lease. Transco shall ensure that any Alternate Contractor obtained pursuant to this agrees to comply with the terms and conditions of Article XIV hereof applicable to Transmission Owner while performing the Services in a Transmission Owner’s facility and shall remain liable to Transmission Owner in respect of any Alternate Contractor’s performance in accordance with §12.01.
Appears in 5 contracts
Samples: Project Services Agreement, Project Services Agreement, Project Services Agreement
