Common use of COR Certification Clause in Contracts

COR Certification. ‌ (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (I) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (II) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌ (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌ (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌ (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a), and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

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COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b15.1(h); and‌or and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required, or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(h), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, ; or (vii) within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌Section 11.25(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, Certification which time period shall not be less than 30 days, ; and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and; (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, ; or (vii) within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌Section 11.25(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.23 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b11.24(a); and‌or and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(d), if required, or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.23(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a11.24(a), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(d), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.27 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, ; and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation or ISO 45001 Accreditation until such time as the COR-COR- Qualified Construction Project Co Party has obtained its COR Certification, and; (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation or ISO 45001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation or ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation or ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, ; or (vii) within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.27(b)(iv) or (v):‌Section 11.27(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-COR- Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b15.1(h); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required, orand (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌11.24(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(h), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works Works, cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.23 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and; (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), ) in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or; (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; Agreement (each each, a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b11.24(a); and‌and (D) arrange to have conducted an a H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(d), if required, ; or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.23(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a11.24(a), and‌; and (D) arrange to have conducted an a H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(d), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. ‌ (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; oror‌ (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b15.1(h); and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required, orand (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(h), and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 ISO 45001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 ISO 45001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each each, a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b15.5(a); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.5(d), if required, ; or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.5(a), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.5(d), if required.

Appears in 1 contract

Samples: Project Agreement

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COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b15.1(h); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required, orand (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(h), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e15.1(k), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, Certification which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, ; or (vii) within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌Section 11.25(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; andMaintenance (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works Works, cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.23 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and; (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), ) in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or; (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; Agreement (each each, a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b11.24(a); and‌and (D) arrange to have conducted an a H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(c), if required, ; or (vii) within 5 Business Days of receipt of the Notice notice from Contracting Authority under Section 11.24(b)(iv11.23(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a11.24(a), and‌; and (D) arrange to have conducted an a H&S Construction Re-Inspection in accordance with Section 15.1(e11.24(c), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. ‌ (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works Work cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.26 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) if applicable, maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation (if a COR- Qualified Construction Project Co Party) as applicable, or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Work: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) if applicable, a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each each, a “H&S Certification Default Event”); or (iv) if applicable, Contracting Authority delivers a Notice notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a the COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; oror‌ (v) Contracting Authority delivers a Notice notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a the COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires require any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(bSection11.28(a); and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e11.28(d), if required, or (vii) within 5 Business Days of receipt of the Notice notice from Contracting Authority under Section 11.24(b)(iv11.26(b)(iv) or (v):‌Section 11.26(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires require any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(awith11.28(a), and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e11.28(d), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.27 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, ; and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation or ISO 45001 Accreditation until such time as the COR-COR- Qualified Construction Project Co Party has obtained its COR Certification, and; (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 Accreditation or ISO 45001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌Works: (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or; (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation or ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or; (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation or ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority;H&S (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, ; or (vii) within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.27(b)(iv) or (v):‌Section 11.27(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or Certification, OHSAS 18001 Accreditation or ISO 45001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) : to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen 18 months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 11.25 and the COR-Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen 18 month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) and once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) and comply with all requirements of its OHSAS 18001 Accreditation (if a COR- COR-Qualified Construction Project Co Party) or COR Certification (if a COR- COR-Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌ (i) Works: a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) or a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; , (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ 18001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (v) or Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Agreement, Project Co shall: (vi) : immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- COR-Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 five Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, or (vii) ; or within 5 five Business Days of after receipt of the Notice from Contracting Authority under Section 11.24(b)(iv11.25(b)(iv) or (v):‌Section 11.25(b)(v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended and H&S Certification Maintenance Plan not more than 5 five Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌and (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

COR Certification. ‌ (a) Project Co shall, at its own cost and risk, at all times during the performance of the Works cause a COR-Qualified Construction Project Co Party or COR-Certified Construction Project Co Party, as the case may be, to: (i) to the extent a COR-Qualified Construction Project Co Party has not obtained COR Certification prior to Financial Close, (IA) use best efforts to obtain its COR Certification no later than eighteen months following Financial Close. In the event that Contracting Authority is satisfied, in its sole discretion, that the COR-Qualified Construction Project Co Party has used best efforts to obtain its COR Certification in accordance with this Section 11.24 and the COR-COR- Qualified Construction Project Co Party has not obtained COR Certification by the end of such eighteen month period, then Contracting Authority shall establish a time period during which the COR-Qualified Construction Project Co Party shall obtain its COR Certification, which time period shall not be less than 30 days, and (IIB) maintain in good standing and, as applicable, renew its OHSAS 18001 ISO 45001 Accreditation until such time as the COR-Qualified Construction Project Co Party has obtained its COR Certification, and (ii) once the COR-Qualified Construction Project Co Party is certified (thereafter referred to as a “COR-Certified Construction Project Co Party”), maintain in good standing, and, as applicable, renew its COR Certification; and (iii) comply with all requirements of its OHSAS 18001 ISO 45001 Accreditation (if a COR- Qualified Construction Project Co Party) or COR Certification (if a COR- Certified Construction Project Co Party), in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works:‌ (i) a COR-Qualified Construction Project Co Party fails to obtain its COR Certification in accordance with this Project Agreement and Contracting Authority determines that the failure to obtain the COR Certification is as a result of such COR-Qualified Construction Project Co Party not using best efforts to obtain such certification and Contracting Authority delivers a Notice to Project Co indicating that a COR-Qualified Construction Project Co Party has failed to obtain its COR Certification in accordance with this Project Agreement; or (ii) a COR-Qualified Construction Project Co Party fails to maintain its OHSAS 18001 ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; or (iii) a COR-Certified Construction Project Co Party fails to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement; (each a “H&S Certification Default Event”); or (iv) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Qualified Construction Project Co Party will fail to maintain its OHSAS 18001‌ ISO 45001 Accreditation in good standing in accordance with its terms or in accordance with this Project Agreement; oror‌ (v) Contracting Authority delivers a Notice to Project Co indicating that Contracting Authority is of the reasonable opinion that a COR-Certified Construction Project Co Party will fail to maintain its COR Certification in good standing in accordance with its terms or in accordance with this Project Agreement,‌ Project Co shall: (vi) immediately upon the occurrence of a H&S Certification Default Event, notify Contracting Authority that a H&S Certification Default Event has occurred, and:‌and: (A) produce and deliver to Contracting Authority a report identifying the reasons for the failure to obtain or maintain in good standing the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be; (B) produce and deliver to Contracting Authority a plan showing the steps that are to be taken to have the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, obtained or reinstated in good standing within a period of not more than 30 days (the “H&S Certification Reinstatement Plan”), which H&S Certification Reinstatement Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Reinstatement Plan, Project Co shall take, and shall cause the COR- Qualified Construction Project Co Party or the COR-Certified Construction Project Co Party, as the case may be, to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(b); and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required, or (vii) within 5 Business Days of receipt of the Notice from Contracting Authority under Section 11.24(b)(iv) or (v):‌v): (A) produce and deliver to the Contracting Authority Representative a report identifying the manner in which the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, shall be maintained in good standing or obtained, as applicable; (B) produce and deliver to the Contracting Authority Representative a plan showing the steps that are to be taken to ensure that the COR Certification or OHSAS 18001 ISO 45001 Accreditation, as the case may be, will be maintained in good standing without interruption (the “H&S Certification Maintenance Plan”), which H&S Certification Maintenance Plan shall be subject to review and approval by Contracting Authority and, to the extent Contracting Authority requires any amendments or revisions to be made to the H&S Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority an amended H&S Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by Contracting Authority; and; (C) arrange to have conducted a complete H&S Construction Inspection in accordance with Section 15.1(a15.1(b), and‌ (D) arrange to have conducted an H&S Construction Re-Inspection in accordance with Section 15.1(e), if required.

Appears in 1 contract

Samples: Project Agreement

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