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 or the Decommissioning, including making additions, omissions, substitutions, alternations in design and/or variations in 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 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 in any way qualify or relieve the Concessionaire of its primary responsibility to comply with and satisfy 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], no additional payment to the Concessionaire or adjustment to the Performance Payment will be made as a consequence of implementation of a Concessionaire Change. 11.4.2 If the Concessionaire becomes aware that any element of the Construction Requirements does not comply with and satisfy the Construction Output Specifications, the Concessionaire will so notify the Province’s Representative and as soon as reasonably practicable, and in any event within 30 days of becoming aware of such matter, the Concessionaire will propose (in accordance with Section 11.4.1) a Concessionaire Change to amend the Construction Requirements so that they comply with and satisfy the Construction Output Specifications. 11.4.3 For greater certainty and notwithstanding any other provision of this Agreement (including Part 2 of Schedule 8 [Review Procedure]), no Concessionaire Change proposed by the Concessionaire which amends or varies or, if implemented, would have the effect of amending or varying the Construction Output Specifications will be implemented or effective unless the Concessionaire Change is consented to by the Province’s Representative in its absolute and unfettered discretion.

Concessionaire Changes. 11.4.1 If the Concessionaire proposes to vary or amend the design, quality or scope of the Works or the DecommissioningWorks, including making additions, omissionsdeletions, substitutions, alternations in design 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, 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 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 with, satisfy and satisfy 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. 11.4.2 If the Concessionaire becomes aware that any element of the Construction Requirements does not comply with and satisfy the Construction Output Specifications, the Concessionaire will so notify the Province’s 's Representative and as soon as reasonably practicable, and in any event within 30 days of becoming aware of such matter, the Concessionaire will propose (in accordance with Section 11.4.1) a Concessionaire Change to amend the Construction Requirements so that they comply with and satisfy the Construction Output Specifications. 11.4.3 For greater certainty and notwithstanding any other provision of this Agreement (including Section 11.3.3 and Part 2 of Schedule 8 [Review Procedure]), no Concessionaire Change proposed by the Concessionaire which amends or varies or, if implemented, would have the effect of amending or varying the Construction Output Specifications will be implemented or effective unless the Concessionaire Change is consented to by the Province’s Representative in its absolute and unfettered discretion. 11.4.4 If a departure from Design Data that has already been submitted and not objected to pursuant to the Design and Certification Procedure and Review Procedure is required solely as a result of geological site conditions which were not known to and could not reasonably have been foreseen by the Concessionaire at the time the Design Data was submitted and not objected to, the review period for revised Design Data submitted in connection with the Concessionaire Change proposed by the Concessionaire with respect to such departure will be 10 Working Days.