Common use of Condition of Existing Infrastructure Clause in Contracts

Condition of Existing Infrastructure. The Province shall ensure that on the EI O&M Start Date the Existing Infrastructure is in a condition as if maintained in accordance with the O&M Requirements, and to that end: (a) the Contractor and the Province shall within 45 days after Execution of this Agreement arrange joint inspections of the condition of the Existing Infrastructure and identify all respects (“EI Deficiencies”) in which the condition of the Existing Infrastructure falls short of the condition required to be maintained pursuant to the O&M Requirements; (b) upon identification of the EI Deficiencies, the Province shall, prior to the EI O&M Start Date, for each EI Deficiency either: (i) remedy the EI Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (c) if the joint inspections fail to identify latent defects in the Existing Infrastructure, but such latent defects come to light on or before the date 10 years after the EI O&M Start Date, then the Province shall correct and repair the defects in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the Project or the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements. The Province undertakes that it will during the Construction Period and the Operating Period from time to time rehabilitate the Existing Infrastructure (“EI Rehab”) as is reasonably appropriate, provided that the Province shall be obliged to carry out such rehabilitation only (“EI Rehab Standard”): (d) to the extent that such rehabilitation work is not required to be performed by the Contractor pursuant to the O&M Requirements, and (e) on such timetable and to such standard as is generally commensurate with rehabilitation on high volume, high profile, major penetrator highway bridge structures under the jurisdiction of the Province and adjacent to the City of Calgary and the City of Edmonton; such highways currently being Highways 1, 2, 2A, 14, 16, 16A, and 28. The Province shall ensure that during the Construction Period and the Operating Period the Existing Infrastructure is rehabilitated to the EI Rehab Standard, and to that end and provided the Contractor has not been contracted to do the EI Rehab: (f) when the Province anticipates that an EI Rehab will be substantially completed within the ensuing 30 days, the Province shall so notify the Contractor, and the Province and the Contractor shall: (i) within 15 days thereafter; and (ii) no earlier than 21 days prior to the anticipated substantial completion date of the EI Rehab and no later than seven days prior to the anticipated substantial completion date of the EI Rehab; arrange joint inspections of the condition of the EI Rehab and identify all respects (“EI Rehab Deficiencies”) in which the condition of the EI Rehab falls short of the condition required to be maintained pursuant to the O&M Requirements; (g) upon identification of the EI Rehab Deficiencies, the Province shall, as soon as reasonably practicable, for each EI Rehab Deficiency either: (i) remedy the EI Rehab Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Rehab Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Rehab Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (h) if the joint inspections fail to identify latent defects in the EI Rehab, but such latent defects come to light on or before the date 10 years after substantial completion of the EI Rehab, then the Province shall correct and repair the defects at its own cost in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements.

Condition of Existing Infrastructure. The Province shall ensure that on the EI O&M Start Date be responsible to turn over the Existing Infrastructure is on Traffic Availability in a condition as if maintained in accordance with the O&M Requirements, and to that end: (a) when the Contractor anticipates that Traffic Availability will be achieved in six months, the Contractor shall so notify the Province, and the Contractor and the Province shall shall: (i) within 15 days thereafter; and (ii) no earlier than 45 days after Execution prior to the anticipated date of this Agreement Traffic Availability and no later than 30 days prior to the anticipated date of Traffic Availability; arrange joint inspections of the condition of the Existing Infrastructure and identify all respects (“EI Deficiencies”) in which the condition of the Existing Infrastructure falls short of the condition required to be maintained pursuant to the O&M Requirements; (b) upon identification of the EI Deficiencies, the Province shall, prior to the EI O&M Start DateTraffic Availability, for each EI Deficiency either: (i) remedy the EI Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (c) if the joint inspections fail to identify latent defects in the Existing Infrastructure, but such latent defects come to light on or before the date 10 five years after the EI O&M Start DateTraffic Availability, then the Province shall correct and repair the defects in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the Project or the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements. O&M. The Province undertakes that it will during the Construction Period and the Operating Period from time to time rehabilitate the Existing Infrastructure (“EI Rehab”) as is reasonably appropriate, provided that the Province shall be obliged to carry out such rehabilitation only (“EI Rehab Standard”): (d) to the extent that such rehabilitation work is not required to be performed by the Contractor pursuant to the O&M Requirements, and (e) on such timetable and to such standard as is generally commensurate with rehabilitation on high volume, high profile, major penetrator highway bridge structures under the jurisdiction of the Province and adjacent to the City of Calgary and the City of Edmonton; such highways currently being Highways 1, 2, 2A, 14, 16, 16A, and 28. The Province shall ensure that during the Construction Period and the Operating Period the Existing Infrastructure is rehabilitated to the EI Rehab Standard, and to that end and provided the Contractor has not been contracted to do the EI Rehab: (f) when the Province anticipates that an EI Rehab will be substantially completed within the ensuing 30 days, the Province shall so notify the Contractor, and the Province and the Contractor shall: (i) within 15 days thereafter; and (ii) no earlier than 21 days prior to the anticipated substantial completion date of the EI Rehab and no later than seven days prior to the anticipated substantial completion date of the EI Rehab; arrange joint inspections of the condition of the EI Rehab and identify all respects (“EI Rehab Deficiencies”) in which the condition of the EI Rehab falls short of the condition required to be maintained pursuant to the O&M Requirements; (g) upon identification of the EI Rehab DeficienciesDecember 31, the Province shall, as soon as reasonably practicable, for each EI Rehab Deficiency either: (i) remedy the EI Rehab Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Rehab Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Rehab Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (h) if the joint inspections fail to identify latent defects in the EI Rehab, but such latent defects come to light on or before the date 10 years after substantial completion of the EI Rehab, then the Province shall correct and repair the defects at its own cost in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements2006.

Condition of Existing Infrastructure. The Province shall ensure that on the EI O&M Start Date Traffic Availability the Existing Infrastructure is in a condition as if maintained in accordance with the O&M Requirements, and to that end: (a) when the Contractor anticipates that Traffic Availability will be achieved in six months, the Contractor shall so notify the Province, and the Contractor and the Province shall shall: (i) within 15 days thereafter; and (ii) no earlier than 45 days after Execution prior to the anticipated date of this Agreement Traffic Availability and no later than 30 days prior to the anticipated date of Traffic Availability; arrange joint inspections of the condition of the Existing Infrastructure and identify all respects (“EI Deficiencies”) in which the condition of the Existing Infrastructure falls short of the condition required to be maintained pursuant to the O&M Requirements; (b) upon identification of the EI Deficiencies, the Province shall, prior to the EI O&M Start DateTraffic Availability, for each EI Deficiency either: (i) remedy the EI Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (c) if the joint inspections fail to identify latent defects in the Existing Infrastructure, but such latent defects come to light on or before the date 10 years after the EI O&M Start DateTraffic Availability, then the Province shall correct and repair the defects in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the Project or the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements. The Province undertakes that the Existing Infrastructure will be completed no later than October 1, 2011. The Province undertakes that it will during the Construction Period and the Operating Period Term from time to time rehabilitate the Existing Infrastructure (“EI RehabRehabs”) as is reasonably appropriate, provided that the Province shall be obliged to carry out such rehabilitation only (“EI Rehab Standard”): (d) to the extent that such rehabilitation work is not required to be performed by the Contractor pursuant to within the O&M Requirements, and (e) on such timetable and to such standard as is generally commensurate with rehabilitation on high volume, high profile, major penetrator highway bridge structures highways under the jurisdiction of the Province and adjacent to the City of Calgary and the City of Edmonton; such highways currently being Highways 1, 2, 2A, 14, 16, 16A, and 28. The Province shall ensure that during the Construction Period and the Operating Period the Existing Infrastructure is rehabilitated to the EI Rehab Standard, and to that end and provided the Contractor has not been contracted to do the EI Rehab: (f) when the Province anticipates that an EI Rehab will be substantially completed within the ensuing 30 days, the Province shall so notify the Contractor, and the Province and the Contractor shall: (i) within 15 days thereafter; and (ii) no earlier than 21 days prior to the anticipated substantial completion date of the EI Rehab and no later than seven days prior to the anticipated substantial completion date of the EI Rehab; arrange joint inspections of the condition of the EI Rehab and identify all respects (“EI Rehab Deficiencies”) in which the condition of the EI Rehab falls short of the condition required to be maintained pursuant to the O&M Requirements; (g) upon identification of the EI Rehab Deficiencies, the Province shall, as soon as reasonably practicable, for each EI Rehab Deficiency either: (i) remedy the EI Rehab Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Rehab Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Rehab Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (h) if the joint inspections fail to identify latent defects in the EI Rehab, but such latent defects come to light on or before the date 10 years after substantial completion of the EI Rehab, then the Province shall correct and repair the defects at its own cost in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements.

Condition of Existing Infrastructure. The Province shall ensure that on the EI O&M Start Date Traffic Availability the Existing Infrastructure is in a condition as if maintained in accordance with the O&M Requirements, and to that end: (a) when the Contractor anticipates that Traffic Availability will be achieved in six months, the Contractor shall so notify the Province, and the Contractor and the Province shall shall: (i) within 15 days thereafter; and (ii) no earlier than 45 days after Execution prior to the anticipated date of this Agreement Traffic Availability and no later than 30 days prior to the anticipated date of Traffic Availability; arrange joint inspections of the condition of the Existing Infrastructure and identify all respects (“EI Deficiencies”) in which the condition of the Existing Infrastructure falls short of the condition required to be maintained pursuant to the O&M Requirements; (b) upon identification of the EI Deficiencies, the Province shall, prior to the EI O&M Start DateTraffic Availability, for each EI Deficiency either: (i) remedy the EI Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (c) if the joint inspections fail to identify latent defects in the Existing Infrastructure, but such latent defects come to light on or before the date 10 years after the EI O&M Start DateTraffic Availability, then the Province shall correct and repair the defects in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the Project or the O&M, it being acknowledged that, except to the extent O&M. The Province undertakes that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing InfrastructureInfrastructure will be completed no later than October 31, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirements2009. The Province undertakes that it will during the Construction Period and the Operating Period Term from time to time rehabilitate the Existing Infrastructure (“EI Rehab”) as is reasonably appropriate, provided that the Province shall be obliged to carry out such rehabilitation only (“EI Rehab Standard”):only: (d) to the extent that such rehabilitation work is not required to be performed by the Contractor pursuant to within the O&M Requirements, and (e) on such timetable and to such standard as is generally commensurate with rehabilitation on high volume, high profile, major penetrator highway bridge structures under the jurisdiction portions of the Province and adjacent to ring roads in the City of Calgary and the City of Edmonton; such highways currently being Highways 1Edmonton the operation and maintenance of which is procured other than via an agreement to design, 2build, 2A, 14, 16, 16A, finance and 28. The Province shall ensure that during the Construction Period and the Operating Period the Existing Infrastructure is rehabilitated to the EI Rehab Standard, and to that end and provided the Contractor has not been contracted to do the EI Rehab: (f) when the Province anticipates that an EI Rehab will be substantially completed within the ensuing 30 days, the Province shall so notify the Contractor, and the Province and the Contractor shall: (i) within 15 days thereafter; and (ii) no earlier than 21 days prior to the anticipated substantial completion date of the EI Rehab and no later than seven days prior to the anticipated substantial completion date of the EI Rehab; arrange joint inspections of the condition of the EI Rehab and identify all respects (“EI Rehab Deficiencies”) in which the condition of the EI Rehab falls short of the condition required to be maintained pursuant to the O&M Requirements; (g) upon identification of the EI Rehab Deficiencies, the Province shall, as soon as reasonably practicable, for each EI Rehab Deficiency either: (i) remedy the EI Rehab Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Rehab Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Rehab Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (h) if the joint inspections fail to identify latent defects in the EI Rehab, but such latent defects come to light on or before the date 10 years after substantial completion of the EI Rehab, then the Province shall correct and repair the defects at its own cost in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the O&M Requirements and the Handback Requirementsoperate.

Condition of Existing Infrastructure. ‌ The Province shall ensure that on the EI O&M Start Date the Existing Infrastructure is in a condition as if maintained in accordance with the O&M Requirements, and to that end: (a) the Contractor and the Province shall within 45 days after Execution of this Agreement arrange joint inspections of the condition of the Existing Infrastructure and identify all respects (“EI Deficiencies”) in which the condition of the Existing Infrastructure falls short of the condition required to be maintained pursuant to the O&M Requirements; (b) upon identification of the EI Deficiencies, the Province shall, prior to the EI O&M Start Date, for each EI Deficiency either: (i) remedy the EI Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (c) if the joint inspections fail to identify latent defects in the Existing Infrastructure, but such latent defects come to light on or before the date 10 years after the EI O&M Start Date, then the Province shall correct and repair the defects in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the Project or the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the Project Requirements or the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the Project Requirements, the O&M Requirements and the Handback Requirements. The Province undertakes that it will during the Construction Period and the Operating Period from time to time rehabilitate the Existing Infrastructure (“EI Rehab”) as is reasonably appropriate, provided that the Province shall be obliged to carry out such rehabilitation only (“EI Rehab Standard”): (d) to the extent that such rehabilitation work is not required to be performed by the Contractor pursuant to the O&M Requirements, and (e) on such timetable and to such standard as is generally commensurate with rehabilitation on high volume, high profile, major penetrator highway bridge structures under the jurisdiction of the Province and adjacent to the City of Calgary and the City of Edmonton; such highways currently being Highways 1, 2, 2A, 14, 16, 16A, and 28. The Province shall ensure that during the Construction Period and the Operating Period the Existing Infrastructure is rehabilitated to the EI Rehab Standard, and to that end and provided the Contractor has not been contracted to do the EI Rehab: (f) when the Province anticipates that an EI Rehab will be substantially completed within the ensuing 30 days, the Province shall so notify the Contractor, and the Province and the Contractor shall: (i) within 15 days thereafter; and (ii) no earlier than 21 days prior to the anticipated substantial completion date of the EI Rehab and no later than seven days prior to the anticipated substantial completion date of the EI Rehab; arrange joint inspections of the condition of the EI Rehab and identify all respects (“EI Rehab Deficiencies”) in which the condition of the EI Rehab falls short of the condition required to be maintained pursuant to the O&M Requirements; (g) upon identification of the EI Rehab Deficiencies, the Province shall, as soon as reasonably practicable, for each EI Rehab Deficiency either: (i) remedy the EI Rehab Deficiency at its own expense; (ii) make arrangements with the Contractor to remedy the EI Rehab Deficiency, in consideration of such payment as the Province and the Contractor may negotiate; or (iii) notify the Contractor that the EI Rehab Deficiency need not be remedied, in which case the O&M Requirements and the Handback Requirements as they apply to the Existing Infrastructure shall be deemed to be amended accordingly; and (h) if the joint inspections fail to identify latent defects in the EI Rehab, but such latent defects come to light on or before the date 10 years after substantial completion of the EI Rehab, then the Province shall correct and repair the defects at its own cost in such manner and on such timetable as is reasonable in the circumstances and does not unreasonably interfere with the Contractor’s performance of the O&M, it being acknowledged that, except to the extent that the Contractor has failed to fulfill the Project Requirements or the O&M Requirements in respect of the Existing Infrastructure, nothing herein imposes responsibility on the Contractor to correct or repair latent defects to the extent such correction or repair is beyond the scope of the Project Requirements, the O&M Requirements and the Handback Requirements.