Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall, in response to any reasonable request by the Contractor in relation to such required arrangements, provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including, in any case where the Province concludes that a third party is acting unreasonably in relation to the shared-use nature of the TUC, the exercise by the Province of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the Province to exercise such legal rights and remedies. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs):
Assistance with Permits and Utility Agreements. Without derogating from the Contractor’s responsibilities under Section 5.6 to obtain all permits and municipal approvals required for the Project and all required arrangements relating to utilities, railways and drainage (including but not limited to the “Utility Agreements” contemplated by Section 4.8), the Province shall in response to any reasonable request by the Contractor provide the Contractor with such reasonable assistance as the Province is able to offer without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation. In the event that the Contractor, despite acting reasonably and prudently and making all commercially reasonable efforts, and despite taking all reasonable mitigation measures (including, to the extent practicable, considering modifications to the Contractor’s Designs):
Assistance with Permits and Utility Agreements. The Design-Builder shall provide the City with prompt notice of each application that the Design-Builder makes to a regulator for a permit or approval in respect of the Project. Without derogating from the Design-Builder’s responsibilities under this Agreement and the CCDC to obtain all permits and approvals required for the Project, and to make all required arrangements relating to utilities, the City shall, in response to any reasonable request by the Design-Builder in relation to such permits and approvals and required arrangements, provide the Design-Builder with such reasonable assistance as the City is able to offer or arrange without unduly fettering its executive discretion or pursuing amendment of any legislation or subordinate legislation, but otherwise including taking any action required to obtain a permit or approval which only the City can take and which cannot be taken by the Design-Builder on the City’s behalf, and in any case where the City concludes that a third party is acting unreasonably in relation to the negotiation or issuance of such permits, approvals or required arrangements, the exercise by the City of all legal rights and remedies available to it in relation to such third party, to the extent it is reasonable in the circumstances for the City to exercise such legal rights and remedies. The Design-Builder shall provide notice to the City of unreasonable delay experienced by the Design-Builder in obtaining permits and approvals required for the Project or in making required arrangements with utilities as soon as practicable after becoming aware of the delay, including details of the cause or perceived cause of the delay and the efforts to date and anticipated further efforts of the Design-Builder to prevent or minimize the duration of the delay.
