Common use of Change in Standards Clause in Contracts

Change in Standards. (a) Where this Project Agreement requires Project Co to comply with a technical standard in respect of the design and construction of the New Metrolinx Infrastructure and the New Third Party Infrastructure, and that standard has changed between the date of this Project Agreement and the date that such compliance is required, then Project Co shall give Notice to Contracting Authority of such change. If, after such Notice, Contracting Authority requires compliance with the changed standard (rather than the standard applicable as of the date of this Project Agreement), then, to the extent such change impacts the Works and would not have otherwise been taken into account by compliance with Good Industry Practice, such changed standard shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation. If Contracting Authority does not require compliance with the changed standard, then Project Co shall continue to comply with the standard applicable as of the date of this Project Agreement, without a Variation therefor. This Section 11.21 shall not apply where a change in a technical standard is also a Change in Law.

Change in Standards. (a) Where this Project Agreement requires Project Co to comply with a technical standard in respect of the design and construction of the New Metrolinx Infrastructure and the New Third Party Infrastructure, and that standard has changed between the date of this Project Agreement and the date that such compliance is required, then Project Co shall give Notice to Contracting Authority of such change. If, after such Notice, Contracting Authority requires compliance with the changed standard (rather than the standard applicable as of the date of this Project Agreement), then, to the extent such change impacts the Works and would not have otherwise been taken into account by compliance with Good Industry Practice, such changed standard shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation. If Contracting Authority does not require compliance with the changed standard, then Project Co shall continue to comply with the standard applicable as of the date of this Project Agreement, without a Variation therefor. This Section 11.21 11.23 shall not apply where a change in a technical standard is also a Change in Law.

Change in Standards. (a) Where this Project Agreement requires Project DB Co to comply with a technical standard in respect of the design and construction of the Utility Works, New Metrolinx City Infrastructure and the New Third Party MTO Infrastructure, and that standard has changed between the date of this Project Agreement and the date that such compliance is required, then Project DB Co shall give Notice to Contracting Authority the City of such change. If, after such Notice, Contracting Authority the City requires compliance with the changed standard (rather than the standard applicable as of the date of this Project Agreement), then, to the extent such change impacts the Works and would not have otherwise been taken into account by compliance with Good Industry Practice, such changed standard shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation. If Contracting Authority the City does not require compliance with the changed standard, then Project DB Co shall continue to comply with the standard applicable as of the date of this Project Agreement, without a Variation therefor. This Section 11.21 shall not apply where a change in a technical standard is also a Change in Law, in which case Article 30 shall govern.