Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works: (i) conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code; (ii) ensure that all Project Co Parties having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”); (iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and (iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party: (A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”); (B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and (C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively the “Demolition Requirements”). (b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to: (i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event; (ii) cease all work in respect of such Demolition; and (iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative: (A) a report identifying the reasons for the occurrence of the Demolition Default Event; and (B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority. (c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until: (i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and (ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan. (d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 3 contracts
Samples: Project Agreement, Project Agreement, Project Agreement
Demolition Requirements.
(a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site Lands at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site Lands at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either is:
(i) not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), ,
(c) Project Co shall shall, and shall cause any applicable Project Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties Party 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 revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authority.
(cd) No Demolition shall be recommenced at the Site Lands that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site Lands has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice from Contracting Authority or any Province Person Persons or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c11.28(c).
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
Demolition Requirements. (a) Without limiting Project DB Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project DB Co shall, and shall cause each applicable Project DB Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project DB Co Parties having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project DB Co or any applicable Project DB Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project DB Co or any Project DB Co Party that is performing any part of any Demolition receives Notice from Contracting Authority the City or any Province Person City Party or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project DB Co shall and shall cause any applicable Project DB Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, to notify Contracting Authority the City that a Demolition Default Event has occurred, unless Contracting Authority the City was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority City Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority the City and, to the extent Contracting Authority the City requires any amendments or revisions to be made to such Demolition Plan, Project DB Co and the applicable Project DB Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority the City an amended and revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authoritythe City.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority the City is satisfied that Project DB Co or the applicable Project DB Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority the City has received a report, in form and substance satisfactory to Contracting Authoritythe City, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project DB Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively collectively, the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority the College or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:,
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority the College that a Demolition Default Event has occurred, unless Contracting Authority the College was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event Event, produce and deliver to the Contracting Authority College Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority the College and, to the extent Contracting Authority the College requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority the College an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authoritythe College.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority the College is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority the College has received a report, in form and substance satisfactory to Contracting Authoritythe College, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party, Project Co shall:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition; (collectively, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority JBH or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority JBH that a Demolition Default Event has occurred, unless Contracting Authority JBH was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event produce and deliver to the Contracting Authority JBH Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority JBH and, to the extent Contracting Authority JBH requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority JBH an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting AuthorityJBH.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority JBH is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority JBH has received a report, in form and substance satisfactory to Contracting AuthorityJBH, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) : conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code;
(ii) ; ensure that all Project Co Parties having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) ; observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) and in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:
(i) : be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) ; cease all work in respect of such Demolition; and
(iii) and within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) : Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) and Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements.
(a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works Work at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the WorksWork:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolitioninclude, without limitation, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) ensure at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans demolition workplan and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, (collectively collectively, the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority THP or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall Co, and shall cause any applicable Project Co Party toParty, shall:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority THP that a Demolition Default Event has occurred, unless Contracting Authority THP was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event produce and deliver to the Contracting Authority RepresentativeTHP:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority THP and, to the extent Contracting Authority THP requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority THP an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting AuthorityTHP.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority THP is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority THP has received a report, in form and substance satisfactory to Contracting AuthorityTHP, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition toWorks, at such person’s own cost and risk and risk, at all times during any period in which the performance of the WorksWorks that are being performed pursuant to this Project Agreement involving any Demolition, to:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building CodeRegulation;
(ii) ensure that all Project Co Parties having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of connection with any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party, shall:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolitioninclude, colour-without limitation, colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans workplan and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (the obligations to be performed by Project Co or any Project Co Party that is performing any part of the Works in connection with any Demolition as set forth in this Section 11.23(a) are collectively referred to as the “Demolition Requirements”).
(b) If Without limiting any other provision of this Project Agreement, if at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority SMH, any SMH Party or any Province Person or Governmental Authority that the Demolition is is:
(i) not being conducted in a manner that is either not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise being conducted in a manner that is in accordance with this Project Agreement Agreement; (such event referred to as a “Demolition Default Event”), Project Co shall Co, and shall cause any the applicable Project Co Party toParty, shall:
(iA) be required immediately upon the occurrence of a Demolition Default Event, to notify Contracting Authority SMH of that a Demolition Default Event has occurred, unless Contracting Authority SMH was the person that provided Notice notice of the Demolition Default Event;,
(iiB) cease all work in respect of such Demolition; , and
(iiiC) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event produce and deliver to the Contracting Authority SMH Representative:
(AI) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(BII) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority SMH and, to the extent Contracting Authority SMH requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties Party shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority SMH an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting AuthoritySMH.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
until (i) Contracting Authority SMH is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
Plan and (ii) Contracting Authority SMH has received a report, in form and substance satisfactory to Contracting AuthoritySMH, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan. SMH shall have the right to require Project Co and the applicable Project Co Party, each at its sole cost and expense, to take all corrective and remedial action as SMH, acting reasonably, believes is necessary to ensure that the Site that was the subject of the Demolition Default Event is remediated and prepared so that the Demolition can proceed in accordance with the Demolition Plan. If Project Co and the applicable Project Co Party do not take such actions within the time period required by SMH, SMH shall have the right to, or to cause a third party to, at the sole cost and expense of Project Co, take all such corrective and remedial action as may be required to put the Site in a condition that will allow the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Provided that Project Co shall not be eligible has complied with Section 11.23(b), for a Delay Event or a Compensation Event in connection with greater certainty, the occurrence of a Demolition Default Event or shall not be a Project Co Event of Default for the recommencement purposes of a Demolition pursuant to Section 11.26(c34.1(a)(vi).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either is:
(i) not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall shall, and shall cause any applicable Project Co Party to:
(iA) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice notice of the Demolition Default Event;
(iiB) cease all work in respect of such Demolition; and
(iiiC) within five 5 Business Days after of receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(AI) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(BII) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties Party 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 revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co PartyParty at each Site, Project Co shall:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Path Diagram, be present and available at the Site Lands at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site Lands at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either is:
(i) not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall shall, and shall cause any applicable Project Co Party to:
(iA) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice notice of the Demolition Default Event;
(iiB) cease all work in respect of such Demolition; and
(iiiC) within five 5 Business Days after of receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(AI) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(BII) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties Party 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 revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site Lands that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site Lands has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineerProfessional Engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either is:
(i) not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall shall, and shall cause any applicable Project Co Party to:
(iA) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice notice of the Demolition Default Event;
(iiB) cease all work in respect of such Demolition; and
(iiiC) within five 5 Business Days after of receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(AI) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(BII) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties Party 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 revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer Professional Engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed performed, that the Demolition Specifications, Demolition work plans and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition. (collectively, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority Osler or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority Xxxxx that a Demolition Default Event has occurred, unless Contracting Authority Xxxxx was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event produce and deliver to the Contracting Authority Osler Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority Xxxxx and, to the extent Contracting Authority Osler requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority Osler an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting AuthorityXxxxx.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority Xxxxx is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority Xxxxx has received a report, in form and substance satisfactory to Contracting AuthorityXxxxx, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements.
(a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Load- Path Diagram, be present and available at the Site Lands at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site Lands at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works Work at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the WorksWork:
(i) conduct all work in connection with any Demolition at all times in compliance with section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolitiondemolition, colour-coded Loadload-Path Diagrams path diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition demolition work plans and Loadload-Path Diagrampath diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition; (collectively, (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority CHH or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party to:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority CHH that a Demolition Default Event has occurred, unless Contracting Authority CHH was the person that provided Notice notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five 5 Business Days after of receipt of a Notice notice of a Demolition Default Event Event, produce and deliver to the Contracting Authority RepresentativeCHH:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition Plan shall be subject to review and approval by Contracting Authority CHH and, to the extent Contracting Authority CHH requires any amendments or revisions to be made to such Demolition Plan, Project Co and the applicable Project Co Parties shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to Contracting Authority CHH an amended and revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting AuthorityCHH.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority CHH is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority CHH has received a report, in form and substance satisfactory to Contracting AuthorityCHH, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party, Project Co shall:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either not in compliance with the Demolition Requirements or not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall and shall cause any applicable Project Co Party tois:
(i) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice of the Demolition Default Event;
(ii) cease all work in respect of such Demolition; and
(iii) within five Business Days after receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(A) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(B) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties 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 revised Demolition Plan not more than five Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement
Demolition Requirements. (a) Without limiting Project Co’s obligation to perform the Works at all times in accordance with Applicable Law, in respect of any Demolition, Project Co shall, and shall cause each applicable Project Co Party that is performing any part of the Demolition to, at such person’s own cost and risk and at all times during the performance of the Works:
(i) conduct all work in connection with any Demolition at all times in compliance with section Section 3 of the Performance Standards Regulation and the Building Code;
(ii) ensure that all Project Co Parties persons having responsibility for the supervision of any such Demolition are qualified as either a professional engineer, limited license holder or provisional license holder (as such terms are used in the Performance Standards Regulation) (such person is hereinafter referred to as a “Demolition Supervisor”);
(iii) observe and perform the Demolition in a manner that is consistent with the recommendations set forth in the Demolition Guidelines in all material respects; and
(iv) in respect of any Complex Structure Demolition to be conducted by Project Co or any applicable Project Co Party:
(A) prepare detailed specifications relating to such Complex Structure Demolition which specifications will include include, without limitation, a detailed risk assessment and risk mitigation plan assessing all apparent or inferable risks that might be associated with the Demolition, colour-colour- coded Load-Path Diagrams (which will include a description of the Demolition Requirements set forth herein) to supplement the Site work plans and blueprints relating to the Demolition and all other technical requirements relating to the Complex Structure Demolition (the “Demolition Specifications”);
(B) at all times when a Complex Structure Demolition is being performed that the Demolition Specifications, Demolition work plans plan and Load-Path Diagram, be present and available at the Site at which such Complex Structure Demolition is being performed; and
(C) ensure at all times when a Complex Structure Demolition is being performed that a Demolition Supervisor will be on the Site at which such Complex Structure Demolition is being performed and actively supervising all activities in respect of the Complex Structure Demolition, ; (collectively the “Demolition Requirements”).
(b) If at any time while any Demolition is being performed pursuant to this Project Agreement, Project Co or any Project Co Party that is performing any part of any Demolition receives Notice notice from Contracting Authority or any Province Person or Governmental Authority that the Demolition is being conducted in a manner that is either is:
(i) not in compliance with the Demolition Requirements or Requirements; or
(ii) not otherwise in accordance with this Project Agreement (such event referred to as a “Demolition Default Event”), Project Co shall shall, and shall cause any applicable Project Co Party to:
(iA) be required immediately upon the occurrence of a Demolition Default Event, notify Contracting Authority that a Demolition Default Event has occurred, unless Contracting Authority was the person that provided Notice notice of the Demolition Default Event;
(iiB) cease all work in respect of such Demolition; and
(iiiC) within five 5 Business Days after of receipt of a Notice of a Demolition Default Event produce and deliver to the Contracting Authority Representative:
(AI) a report identifying the reasons for the occurrence of the Demolition Default Event; and
(BII) a Demolition Plan showing the steps that are to be taken to rectify the Demolition Default Event within a period of not more than 30 days from the occurrence of the Demolition Default Event, which Demolition 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 such Demolition Plan, Project Co and the applicable Project Co Parties Party 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 revised Demolition Plan not more than five 5 Business Days from the date on which such request is made by Contracting Authority.
(c) No Demolition shall be recommenced at the Site that was the subject of the Demolition Default Event until:
(i) Contracting Authority is satisfied that Project Co or the applicable Project Co Party has taken all necessary steps to remediate such Demolition Default Event in accordance with Demolition Plan; and
(ii) Contracting Authority has received a report, in form and substance satisfactory to Contracting Authority, prepared by a professional engineer that the Demolition Default Event has been remediated and the Site has been properly prepared for the Demolition to proceed in accordance with the Demolition Plan.
(d) For clarity, Project Co shall not be eligible for a Delay Event or a Compensation Event in connection with a Demolition Default Event or the recommencement of a Demolition pursuant to Section 11.26(c).
Appears in 1 contract
Samples: Project Agreement