During the Construction Period Sample Clauses

During the Construction Period. Beginning on the Effective Date and continuing until the Commercial Operation Date, System Owner shall maintain (or shall cause its Subcontractors to maintain), with a company or companies licensed or qualified to do business in the Commonwealth of Pennsylvania, the following insurance coverage: (a) workers' compensation insurance as required by the Commonwealth of Pennsylvania; and (b) comprehensive general liability insurance for bodily injury in an amount not less than $1,000,000 per occurrence/ $3,000,000 in total and for property damage in an amount not less than $1,000,000 per occurrence/$3,000,000 in total.

During the Construction Period the Concessionaire shall implement the CIP on behalf of the Authority in accordance to Good Industry Practice and reasonable care shall be taken by the Concessionaire to minimize supply interruptions, traffic disruptions and ensure good and timely communications with Users in the Service Area. All the works and interventions proposed as part of the CIP shall be in conformity with the relevant industry standards and the Environmental Code of Practice.

During the Construction Period the Concessionaire shall: i. ensure that professionally competent persons are appointed to manage the Construction Works; ii. provide adequate safety at the Site; iii. undertake that all the Construction Works, materials, equipment, systems and procedures are new, in good condition and in conformity with the Standards and Specifications (ref: Schedule D), Good Industry Practice, the Applicable Laws and the Applicable Permits; iv. the Storage Facility is fabricated, erected, installed and completed in accordance with the final designs and Drawings approved by the Independent Expert under Clause 12.2; and v. reasonably consider the comments/suggestions made by the Independent Expert during any meetings of the Concessionaire with its Contractors.

During the Construction Period the Concessionaire shall take all necessary measures to: (a) maintain the safety and security of all goods, materials and the personnel at the Concession Area; (b) prevent nuisance and unreasonable noise and disturbance when carrying out the Works; and (c) ensure that emissions, discharges and effluent from the Concessionaire's activities comply with the Applicable Law and EHS Guidelines whichever is more stringent.

During the Construction Period. The City shall make payments to Project Co for achievement of various milestones including the Highway 417 milestone plus, for clarity, applicable HST on the relevant milestone payment date. The City shall pay the revenue service availability payment plus, for clarity, applicable HST, less all mobility matters deductions contemplated under the Project Agreement on the revenue service availability payment date. The Independent Certifier will certify that payment is due in respect of the revenue service availability payment and in respect of all milestones other than the Highway 417 milestone. A consultant will issue a highway substantial completion certificate before payment is due in respect of the Highway 417 milestone payment. No payment will be made in respect of any milestone containing as a component thereof all or any part of the vehicles unless and until Project Co delivers to the City a Canadian content certificate that demonstrates that the vehicles meet the Canadian content requirements as of the date of payment, includes appropriate back-up information, is true and accurate and is in form and content satisfactory to the City. b) During the Maintenance Term The City will make monthly service payments to Project Co for the provision of facilities and services as contracted. The payments are subject to various adjustments including dollar deductions for underperformance in accordance with the payment mechanism schedule (Schedule 20), adjustments based on annual drivers hours in accordance with the operations matters schedule (Schedule 39), gainshare or painshare adjustments based on energy utilities consumption under the energy matters schedule (Schedule 8) and to upwards adjustments as a consequence of compensation events. Deductions to the monthly service payments will reasonably reflect the severity of the consequences to the City of a particular failure (availability, quality or service). Deductions due to underperformance would never exceed 100% of the monthly service payment. Material Term Description The City will also make an annual service payment to Project Co which payments will be adjusted in the ordinary course in accordance with the Project Agreement. The annual service payment represents the fee for service calculations for the Project Agreement that are subject to market driven adjustment mechanisms. General Audit Rights All information, reports, documents and records in the possession of or available to Project Co, which are requir...

During the Construction Period. The City shall pay to Project Co the construction period payments, plus applicable HST, on an earned value approach. Earned value means the budgeted cost of work performed in respect of each payment period. The City shall pay to Project Co the substantial completion payment, plus applicable HST, less any lane closure adjustment, on the substantial completion payment commencement date. The City shall also pay to Project Co monthly service payments, plus any applicable HST, calculated as being due to Project Co in respect of each payment period following the payment commencement date. Project Co shall not be entitled to any monthly service payments for any period prior to the payment commencement date. The amount of any monthly service payment may be adjusted pursuant to the Project Agreement.

During the Construction Period. (a) firstly, an annual amount equal to TWO HUNDRED THOUSAND DOLLARS ($200,000.00) of Net Cash Flow from the operations of the Project shall be distributed monthly to Shelter during each fiscal year during the Construction Period, subject to adjustment pursuant to Section 19.02 hereof; (b) secondly, an amount up to TWO HUNDRED THOUSAND DOLLARS ($200,000.00) annually out of any available Net Cash Flow shall be paid to Participation monthly, subject to adjustment pursuant to Section 19.02 hereof; (c) thirdly, any available Net Cash Flow shall be paid to Shelter in payment of all interest and/or principal owing under notes delivered by the Partnership to Shelter in respect of Capital Loans then unpaid; (d) fourthly, any available Net Cash Flow shall be paid to Shelter in repayment of any interest or principal owing under any "guaranteed return notes," as defined in Section 19.06 hereof, remaining due and unpaid; (e) fifthly, any available Net Cash Flow shall be paid to Participation in repayment of any principal and/or interest due and owing under any notes delivered by the Partnership to Participation in respect of any Operating Loans remaining due and unpaid; (f) sixthly, any remaining available Net Cash Flow shall be distributed equally to Participation and Shelter, subject to the provisions of Article 20.00 hereof.

During the Construction Period the Borrower shall promptly notify the Lender of any dispute over the terms of any Construction Contract which may have a Material Adverse Effect and shall provide the Technical Adviser with information regarding how such disputes are being resolved.

During the Construction Period the Developer shall: (i) co-operate with the other developers/occupants of land/site in the Composite Logistic Hub so that the other facilities therein/thereat and works are not detrimentally affected by the construction undertaken by the Developer; (ii) co-ordinate access within the common corridors within the Composite Logistic Hub; (iii) make reasonable endeavours to attend all co-ordinating meetings called by the Mandi Board and work faithfully with the Mandi Board and cooperate with the Mandi Board and other developers in the interest of overall development of the Composite Logistic Hub; and (iv) comply with reasonable requests from the other developers in connection with the development of their facility within the Composite Logistic Hub.

During the Construction Period the Concessionaire shall: i. ensure that professionally competent persons are appointed to manage the Construction Works; ii. provide adequate safety at the Site; iii. undertake that all the Construction Works, materials, equipment, systems and procedures are new, in good condition and in conformity with the Standards and Specifications (ref: Schedule D), Good Industry Practice, the Applicable Laws and the Applicable Permits;