Design, Plan and Schedule Submission. The Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of any part of the M&R, or, if applicable, the commencement of construction in connection with any Modification, until 10 Business Days following the Province's receipt of all Detailed Designs, certificates, Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule, each as are relevant to and are required in respect of such part of the Project or the M&R, (the “Required Submission”). If the Required Submission has an unreasonable number of deficiencies or defects, as determined by the Province acting reasonably and on notice to the Contractor, the 10 Business Days shall not start to run. 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 M&R, or, if applicable, carry out any Modification, in accordance with the Project Requirements or the M&R Requirements, as applicable. If any submitted element of the design and construction, including without limitation the Contractor’s Construction Schedule, does not comply with or satisfy the Technical Requirements or materially deviates from the subject matter of Schedules 2, 3, 4 or 16 to the DBFM 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. 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 DBFM 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, that the Contractor proposes to adopt in order to rectify such non-compliance.
Design, Plan and Schedule Submission. The Contractor shall not commence or permit the commencement of construction of any part of the Project or the performance of any part of the M&R, or, if applicable, the commencement of construction in connection with any Modification, until five Business Days following the Province's receipt of all Detailed Designs, certificates, Contractor’s Management Systems and Plans, and the Contractor’s Construction Schedule, each as are relevant to and are required in respect of such part of the Project or the M&R. 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 M&R, or, if applicable, carry out any Modification, in accordance with the Project Requirements or the M&R Requirements, as applicable. If any submitted element of the design and construction, including without limitation the Contractor’s Construction Schedule, 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 DBFM 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. 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 DBFM 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, that the Contractor proposes to adopt in order to rectify such non-compliance.
