Common use of Design and Plan Submission Clause in Contracts

Design and Plan Submission. The Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of any O&M until five Business Days following the Province's receipt of all detailed designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications), all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule required in respect of such part of the Project or the O&M. Neither comment nor failure to provide comment by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the O&M in accordance with the Project Requirements or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 of the DBFO Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (Section 3 below). The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 to the DBFO Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.

Design and Plan Submission. The Subject to Section 3.9, the Contractor shall not commence or permit the commencement of construction of any part of the Project until the Contractor receives from the Province the endorsement of “Received” or the performance of any O&M until five Business Days following the Province's receipt “Received with Observations” in respect of all detailed designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications)designs, all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule required in respect of such part of the Project or the O&M. Project. Neither comment nor failure to provide comment by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the O&M in accordance with the Project Requirements or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 12 of the DBFO DB Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (Section 3 below). The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 12 to the DBFO DB Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.

Design and Plan Submission. The Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of performing any O&M until five Business Days following the Province's receipt of all detailed designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications)designs, all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule required in respect of such part of the Project or the O&M. Neither No comment nor or response (and no failure to provide comment or response) by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the O&M in accordance with the Project Requirements or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 of the DBFO Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (Section 3 below). The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 to the DBFO Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.

Design and Plan Submission. The Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of performing any O&M until five Business Days following the Province's receipt of all detailed designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications), all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule certificates required in respect of such part of the Project or the O&M. Neither No comment nor or response (and no failure to provide comment or response) by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the O&M in accordance with the Project Requirements or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 of the DBFO Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (Section 3 Procedure, set out below). The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 to the DBFO Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and, (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.

Design and Plan Submission. The Subject to Sections 3.3, 3.4 and 3.9, the Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of any Existing Facilities O&M or the O&M until five 10 Business Days following the Province's receipt of all detailed designs Detailed Designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications), all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule required in respect of such part of the Project Project, Existing Facilities O&M or the O&M. Neither comment nor failure to provide comment by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the Existing Facilities O&M or the O&M in accordance with the Project Requirements Requirements, or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 22 (Contractor’s Construction Schedule), 33 (Contractor’s Designs), 4 (Contractor’s Management Systems and Plans) or 16 (Safety Requirements) of the DBFO Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (in Section 3 below)3. The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 to the DBFO Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.;

Design and Plan Submission. The Subject to Sections 3.3, 3.4 and 3.9, the Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of any O&M until five 10 Business Days following the Province's receipt of all detailed designs (including, but not limited to, design reports, detailed design drawings, shop drawings and construction specifications), all relevant certificates, all the Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule required in respect of such part of the Project or the O&M. Neither comment nor failure to provide comment by the Province shall relieve against or excuse any failure by the Contractor to carry out the Project or perform the O&M in accordance with the Project Requirements or the O&M Requirements, as applicable. If any submitted element of the design and construction does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 of the DBFO Agreement, the Contractor shall notify the Province as soon as is reasonably practicable of any such failure to comply by making a written submission (the "Non-Compliance Submission") through the Review Procedure (in Section 3 below)3. The Non-Compliance Submission shall contain the following information: (a) the circumstances in which such non-compliance with the Technical Requirements or the material deviation from the subject matter of Schedules 2, 3, 4 or 16 to the DBFO Agreement occurred; (b) explanation of the causes for such non-compliance and, where applicable, for any delay in providing notification; and (c) the measures, if any, which the Contractor proposes to adopt in order to rectify such non-compliance.