Consequences of Compliance Sample Clauses

Consequences of Compliance. If after receiving a notice of default from the Province’s Representative the Operator corrects the Operator’s Event of Default, the Province may not terminate the Agreement by reason of the pertinent Operator’s Event of Default, but the Operator will pay the Province for the Province’s reasonable and substantiated costs of enforcing this Agreement, including the costs of the Province’s staff, overhead costs and costs if any of consultants and contractors retained by the Province (including legal costs, on a full indemnity basis), and for any other costs incurred as a result of the Operator’s Event of Default suffered by the Province. In such event the Province will deliver to the Operator a substantiated record of all such costs claimed, and the Province will be entitled to set off the total of such costs from any payment the Province owes to the Operator, and if such total costs incurred by the Province exceed the amount of payments owing by the Province to the Operator, such shortfall will be immediately due and owing by the Operator to the Province.

Consequences of Compliance. If after receiving a notice of default from the Owner’s Representative the Design-Builder corrects the default, the Owner may not terminate this Contract for reason of that default, but the Design-Builder will pay the Owner for the Owner’s reasonable and substantiated costs of enforcing this Contract, including the costs of the Owner’s staff, overhead costs and costs if any of consultants and Other Contractors retained by the Owner, and for any other costs reasonably incurred as a result of the default, including delay suffered by the Owner subject to the applicable limits set out in section 15. In such event the Owner will deliver to the Design-Builder a substantiated record of all such costs claimed, and then the Owner will be entitled to set off the total of such costs from any payment the Owner owes to the Design-Builder, and if such total costs incurred by the Owner exceed the amount of payments owing by the Owner to the Design-Builder, then such shortfall will be immediately due and owing by the Design-Builder to the Owner and will bear interest at the Default Rate until paid.

Consequences of Compliance. If the Operator has submitted a written objection in accordance with Article 13.7. and demonstrates that any liabilities which have arisen are a consequence of the Owner’s decision then the Operator shall have no liability in respect of those consequences, provided always that the Operator has acted in accordance with Good Utility Practice and has used its reasonable endeavors to minimize such consequences and liabilities.