Common use of Concessionaire Changes Clause in Contracts

Concessionaire Changes. 11.4.1 If the Concessionaire proposes to vary or amend the design, quality or scope of the Works, including making additions, deletions, substitutions and/or variations in or to the Construction Requirements and/or making material alterations in design which would require a variation in or to the Construction Requirements, such proposal together with all supporting Design Data and an explanation of the reasons for the proposed change (including if appropriate the Designer’s comments) will be submitted in accordance with the Review Procedure as a proposed Concessionaire Change. The Concessionaire will not proceed to implement a proposed Concessionaire Change unless and until there has been no objection in accordance with the Review Procedure (on the grounds set out in paragraph 3.2 of Part 2 of Schedule 8 [Review Procedure]) and the relevant Concessionaire Change Certificate has been issued by the Concessionaire’s Representative and duly countersigned by the Province's Representative in accordance with paragraph 7 of Part 2 of Schedule 8 [Review Procedure]. A Concessionaire Change pursuant to this Section 11.4.1 will not, unless it is consented to by the Province’s Representative as provided in Section 11.4.3, in any way qualify or relieve the Concessionaire of its primary responsibility to comply with, satisfy and perform the Construction Output Specifications notwithstanding any review of or failure to object to the proposed Concessionaire Change by the Province's Representative. For greater certainty, except to the extent provided in Part 3 of Schedule 13 [Concessionaire Changes] or in paragraph (r) of the definition of "Compensation Event" in Section 1 of Schedule 1 [Definitions and Interpretation], no additional payment to the Concessionaire or adjustment to the Total Performance Payment will be made as a consequence of implementation of a Concessionaire Change.

Concessionaire Changes. 11.4.1 If the Concessionaire proposes to vary or amend the design, quality or scope of the WorksWorks or the Decommissioning, including making additions, deletionsomissions, substitutions substitutions, alternations in design and/or variations in or to the Construction Requirements and/or making material alterations in design which would require a variation in or to the Construction Requirements, or any of the Construction Staging Plan, the Decommissioning Plan, the New Crossing Erection Plan, the Graving Dock Construction Facility Plan or the Demolition Plan, such proposal together with all supporting Design Data and an explanation of the reasons for the proposed change (including if appropriate the Designer’s comments) will be submitted in accordance with the Review Procedure as a proposed Concessionaire Change. The Concessionaire will not proceed to implement a proposed Concessionaire Change unless and until there has been no objection in accordance with the Review Procedure (on the grounds set out in paragraph 3.2 of Part 2 of Schedule 8 [Review Procedure]) and the relevant Concessionaire Change Certificate has been issued by the Concessionaire’s Representative and duly countersigned by the Province's ’s Representative in accordance with paragraph 7 of Part 2 of Schedule 8 [Review Procedure]. A Concessionaire Change pursuant to this Section 11.4.1 will not, unless it is consented to by the Province’s Representative as provided in Section 11.4.3, not in any way qualify or relieve the Concessionaire of its primary responsibility to comply with, with and satisfy and perform the Construction Output Specifications notwithstanding any review of or failure to object to the proposed Concessionaire Change by the Province's ’s Representative. For greater certainty, except to the extent provided in Part 3 of Schedule 13 [Concessionaire Changes] or in paragraph (r) of the definition of "Compensation Event" in Section 1 of Schedule 1 [Definitions and Interpretation], no additional payment to the Concessionaire or adjustment to the Total Performance Payment will be made as a consequence of implementation of a Concessionaire Change.