City’s Remedial Rights. The City may exercise its remedial rights which include the City requesting Project Co to take such rectification steps as the City considers necessary or expedient including, if applicable, the termination and replacement of subcontractors. The City may also exercise its remedial rights in an emergency. Subject to the City’s obligation to reimburse Project Co in the event that the City exercises its remedial rights inappropriately, Project Co is responsible for all costs and expenses incurred by the City as a result of the City properly exercising its remedial rights.
City’s Remedial Rights. Without limiting any other rights and remedies of the City in this Agreement, including: (i) to issue a stop work order pursuant to Section 4.5 [Stop Work Order]; (ii) to make Construction Payment Adjustments and/or to accord Default Points; or (iii) to issue a Notice of Default, the City shall have the following remedial rights at all times during the Term:
City’s Remedial Rights. If Concessionaire violates any of the terms of this Article 13 concerning the presence or use of Hazardous Substances or the handling or storing of hazardous wastes, Concessionaire shall promptly take such action as is necessary to mitigate and correct the violation. If Concessionaire does not act in a prudent and prompt manner, the City reserves the right, but not the obligation, to come onto the Premises and to take such action as the Superintendent deems necessary to ensure compliance or to mitigate the violation. If the City has a reasonable belief that Concessionaire is in violation of any law or regulation, or that Concessionaire’s actions or inactions present a threat of violation or a threat of damage to the Premises, the City reserves the right to enter onto the Premises and take such corrective or mitigating action as the Superintendent deems necessary. All costs and expenses incurred by the City in connection with any such actions shall become immediately due and payable by Concessionaire upon presentation of an invoice therefore.
City’s Remedial Rights. The City may exercise its remedial rights, which include the City requesting Project Co to take such rectification steps as the City considers necessary or expedient, including, if applicable, the termination and replacement of subcontractors. The City may also exercise its remedial rights in an emergency. Subject to the City’s obligation to reimburse Project Co in the event that the City exercises its remedial rights inappropriately, Project Co is responsible for all costs and expenses incurred by the City as a result of the City properly exercising its remedial rights. Variation The City has the right from time to time to prepare and require Project Co to carry out and implement a variation. A variation is an addition, reduction, substitution, omission, modification, deletion, removal or other change to the whole or any part of the project operations, including in relation to the whole or any part of the works or the maintenance and rehabilitation services. Variations are mitigated by performing continued due diligence and thoroughly planning any work or modifications prior to financial close. A variation may arise from a dispute resolution and may impact payments. Where the City proposes a variation, Project Co will deliver an estimate of its cost implications, steps to implement, impact on schedule, impact on the performance of its obligations, impact on its financing arrangements and other relevant matters for consideration by the City. Project Co may object to a variation requested by the City on grounds including that it would have a material and adverse impact on the performance of its obligations, result in a change to the essential nature of the system, infringe applicable laws or result in the revocation of existing or an unobtainable requirement for new permits, licenses or approvals. Project Co may request variations for consideration by the City in its discretion. If accepted, a process like that described above would apply.
City’s Remedial Rights
