Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, in the event that the Design-Builder or any Subcontractor fails at any time to comply with Applicable Law with respect to the Design-Build Work, the Design- Builder shall: (1) immediately correct such failure and resume compliance with Applicable Law;
Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, in the event that the Company or any Subcontractor fails at any time to comply with Applicable Law, the Company shall, without limiting any other remedy available to the County upon such an occurrence and notwithstanding any other provision of this Contract: (1) immediately correct such failure and resume compliance with Applicable Law; (2) indemnify, defend and hold harmless the County Indemnitees from any Loss-and-Expense resulting therefrom in the manner provided in Section 15.3;
Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, in the event that the DBOM Contractor or any Subcontractor fails at any time to comply with Applicable Law (including any Governmental Approval) with respect to the Project, Sourced Seawater, Product Water or any other Contract Services (including air emissions, odor, Facility By-Products or other environmental or operating conditions), the DBOM Contractor shall:
(1) Promptly respond to any notice of non-compliance, warning letter, notice of violation or other enforcement and seek amicable resolution of the issues;
(2) Immediately correct such failure and resume compliance with Applicable Law;
(3) Pay any resulting fines, assessments, levies, impositions, penalties or other charges;
(4) Indemnify, defend and hold harmless the BWS Indemnitees in accordance with Article 20 (Indemnification) from any Loss-and-Expense resulting therefrom; Board of Water Supply, City and County of Honolulu Kalaeloa Seawater Desalination Facility Design-Build-Operate-Maintain Project Service Agreement Article 4 - General Performance Requirements
(5) Make all changes in performing the Contract Services that are necessary to assure that the failure of compliance with Applicable Law will not recur; and
(6) Comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the DBOM Contractor to comply with Applicable Law. The DBOM Contractor shall have the right to contest any fine or penalty imposed under this subsection so long as the DBOM Contractor is contesting any such action in good faith by appropriate proceedings conducted with due diligence and the BWS has no liability as a result of the failure of the DBOM Contractor to pay any such fine or penalty during the period of contest. Any capital investment, improvement or modification required to be made pursuant to this subsection, reasonably expected to result in a material change to the Project during the Operation Period, shall be considered a Capital Modification subject to the provisions of Article 14 (Capital Modifications).
Fines, Penalties and Remediation. In the event that the Design-Builder or any Subcontractor fails at any time to comply with Applicable Law with respect to the Design-Build Work, the Design-Builder shall:
(1) Promptly respond to any notice of non-compliance, warning letter, notice of violation or other enforcement action and seek amicable resolution of the issues;
(2) Immediately correct such failure and resume compliance with Applicable Law;
(3) Pay any resulting fines, assessments, levies, impositions, penalties or other charges;
(4) Indemnify, defend and hold harmless the City Indemnitees in accordance with and to the extent provided in Article 40 from and against all Loss-and-Expense resulting therefrom;
(5) Make all changes in performing the Contract Obligations which are necessary to assure that the failure of compliance with Applicable Law will not recur; and
(6) Comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the Design-Builder to comply with Applicable Law.
Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances, in the event that the Company or any Subcontractor fails at any time to comply with Applicable Law a Governmental Approval with respect to the Design-Build Work, the Company shall: (1) immediately correct such failure and resume compliance with Applicable Law or Governmental Approval; (2) pay any resulting fines, assessments, levies, impositions, penalties or other charges; (3) indemnify, defend and hold harmless SRWA Indemnitees in accordance with Section 8.5 (Indemnification by the Company) from any Loss and Expense resulting therefrom;
Fines, Penalties and Remediation. Except to the extent excused by Supervening Events, in the event that the Developer or a Project Subcontractor fails at any time to comply with applicable Law with respect to the Contract Services, the Developer shall:
(1) immediately correct such failure and resume compliance with applicable Law;
(2) pay any resulting fines, assessments, levies, impositions, penalties or other charges;
(3) indemnify and hold harmless the City and the City Indemnitees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Developer, a Project Subcontractor and persons employed or utilized by the Developer or a Project Subcontractor in the performance of the Contract Services construction contract.’
(4) make all changes in performing the Contract Services which are necessary to assure that the failure of compliance with applicable Law will not recur; and
(5) comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the Developer or a Project Subcontractor to comply with Applicable Law.
Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances or County Fault, in the event that the Company or any Subcontractor fails at any time to comply with Applicable Law, the Company shall, without limiting any other remedy available to the County upon such an occurrence and notwithstanding any other provision of this Agreement: (1) immediately correct such failure and resume compliance with Applicable Law; (2) bear all Loss-and-Expense of the Company and the County resulting therefrom; (3) pay any resulting damages, fines, assessments, levies, impositions, penalties or other charges; (4) make all Capital Modifications and changes in operating and management practices which are necessary to assure that the failure of compliance with Applicable Law will not recur; and (5) comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the Company to comply with Applicable Law. To the extent not inconsistent with this section, the Company shall retain the right to contest any finding of violation by any Governmental Body and any resulting fine, penalty or corrective action order
Fines, Penalties and Remediation. In the event that Contractor or any Subcontractor fails at any time to comply with Applicable Law with respect to Contractor Work, Contractor shall, at its own cost, without limiting any other remedy available to Authority upon such an occurrence and notwithstanding any other provision of this Contract: (1) immediately correct such failure and resume compliance with Applicable Law; (2) bear all loss and expense of Contractor and Authority resulting therefrom; (3) pay or reimburse Authority for any resulting damages, fines, assessments, levies, impositions, penalties, fees or other charges; (4) make all changes in performing Contractor Work which are necessary to assure that the failure of compliance with Applicable Law will not recur; and (5) comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy the failure of Contractor to comply with Applicable Law. All such costs, expenses, damages, fines, assessments, levies, impositions, penalties, fees, and/or other charges shall be available out of the contingency unless due to Contractor’s fault, negligence, or misconduct.
Fines, Penalties and Remediation. Except to the extent excused by Unforeseen Conditions, in the event that the DBE or any Subcontractor fails at any time to comply with applicable law with respect to the Design Build Work, the DBE shall, without limiting any other remedy available to WRD upon such an occurrence and notwithstanding any other provision of this Contract: (1) immediately correct such failure and resume compliance with applicable law; (2) bear all loss and expense of the DBE and WRD resulting therefrom;
Fines, Penalties and Remediation. Except to the extent excused by Uncontrollable Circumstances or as otherwise excused in this Agreement, in the event that the Company or any agent of the Company fails at any time to comply with Applicable Law with respect to the Contract Services, the System, or other environmental or operating conditions, the Company shall, at Company expense and without limiting any other remedy available to the WPCA upon such an occurrence and notwithstanding any other provision of this Service Agreement: (1) take all necessary steps to correct such failure and resume compliance with Applicable Law; (2) indemnify, defend and hold harmless the WPCA from all Loss-and-Expense of the Company and the WPCA resulting therefrom; (3) pay or reimburse the WPCA for its proportionate share of any resulting damages, fines, assessments, levies, impositions, penalties or other charges; (4) make all Capital Modifications and changes in operating and management practices necessary to assure that the failure of compliance with Applicable Law will not recur; and (5) comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the Company to comply with Applicable Law.
