General Responsibilities and Standards. (a) Project Co shall, at its own cost and risk, perform and complete the Works: (i) in accordance with the Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement, (A) achieve Phase Completion by the Scheduled Phase Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and (C) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities that are comparable to the Facility; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any of the Contracting Authority Parties or any Government Entity to comply with Applicable Law; and (x) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement. (c) If at any time during the Project Term, any of the Works carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement, Project Co shall, at its own cost and expense, rectify the Works, the Facility and any part thereof so that: (i) the Works, the Facility and all parts thereof shall, at all times, comply with and satisfy in full the Output Specifications and the other terms and conditions of this Project Agreement; and (ii) the Works, the Facility and all parts thereof will, at all times, be able to meet the structural, mechanical, electrical and other performance standards set out in the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities and Standards. (a) Project Co shall, at its own cost and risk, perform and complete the Works:
(i) in accordance with the Project Works Schedule Schedules and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement, ,
(A) achieve Phase Completion by the Scheduled Phase Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and
(CB) achieve Final Completion by the Scheduled Final Completion Date;
(ii) in compliance with Applicable Law;
(iii) so as to satisfy the Output Specifications;
(iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities infrastructure that are is comparable to the FacilityNew Metrolinx Infrastructure and the New Third Party Infrastructure;
(vi) in a manner consistent with the Quality Plans and the Project Co Proposal Extracts;
(vii) in a timely and professional manner;
(viii) with due regard to the health and safety of persons and property;
(ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any of the Contracting Authority Parties Province Person or any Government Entity to comply with Applicable Law;
(x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Governmental Activities;
(xi) coordinate with the applicable Municipality, the Region of Peel and MTO all Construction Activities relating to Existing Third Party Infrastructure owned by the applicable Municipality, the Region of Peel and MTO and the New Third Party Infrastructure, including the provision of any Project Works Schedule relating to such infrastructure, so as to minimize the impact of Construction Activities on the applicable Municipality, the Region of Peel and MTO services provided by the applicable Municipality, the Region of Peel and MTO to the public; and
(xxii) in accordance with all other terms of this Project Agreement.
(b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.
(c) If at any time during the Project Term, any of the Works carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement, [Intentionally Deleted].
(d) Project Co shall, at its own cost and expenserisk, rectify immediately notify Contracting Authority upon the receipt or notice of (and provide Contracting Authority with copies of any correspondence received in relation to), any incident report, investigation report or similar correspondence (in each case, whether in draft or final form) issued by the MOL or any other Governmental Authority in respect of the Works, the Facility and any part thereof so that:
(i) the Works, the Facility and all parts thereof shall, at all times, comply with and satisfy in full the Output Specifications and the other terms and conditions of this Project Agreement; and
(ii) the Works, the Facility and all parts thereof will, at all times, be able to meet the structural, mechanical, electrical and other performance standards set out in the Output Specifications.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities and Standards. (a) Project Co shall, at its own cost and risk, perform and complete the Works:
(i) in accordance with the Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement, ,
(A) achieve Phase Completion by the Scheduled Phase Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and
(CB) achieve Final Completion by the Scheduled Final Completion Date;
(ii) in compliance with Applicable Law;
(iii) so as to satisfy the Output Specifications;
(iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities infrastructure that are is comparable to the FacilityNew Metrolinx Infrastructure and the New Third Party Infrastructure;
(vi) in a manner consistent with the Quality Plans and the Project Co Proposal Extracts;
(vii) in a timely and professional manner;
(viii) with due regard to the health and safety of persons and property;
(ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any of the Contracting Authority Parties Province Person or any Government Entity to comply with Applicable Law;
(x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Governmental Activities;
(xi) coordinate with MTO and the City of Toronto all Construction Activities relating to Existing Third Party Infrastructure owned by MTO and the City of Toronto and the New Third Party Infrastructure, including the provision of the Works Schedule, Progress Schedule and any updates to the Works Schedule or Progress Works Schedule relating to such infrastructure, so as to minimize the impact of Construction Activities on the MTO and the City of Toronto and services provided by the MTO and the City of Toronto to the public; and
(xxii) in accordance with all other terms of this Project Agreement.
(b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.
(c) If at any time during the Project Term, any of the Works carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement, Project Co shall, at its own cost and expense, rectify the Works, the Facility and any part thereof so thatrisk:
(i) coordinate with the WorksCity of Toronto and MTO all Construction Activities relating to Existing Third Party Infrastructure owned by the City of Toronto or MTO and the New Third Party Infrastructure, including the Facility provision of the Works Schedule, Progress Works Schedule and all parts thereof any updates to the Works Schedule or Progress Works Schedule relating to such infrastructure, so as to minimize the impact of Construction Activities on City of Toronto or MTO operations and services provided by the City of Toronto or MTO to the public.
(d) [Intentionally Deleted];
(e) Project Co shall, at all timesits own cost and risk, comply immediately notify Contracting Authority upon the receipt or notice of (and provide Contracting Authority with and satisfy copies of any correspondence received in full relation to), any incident report, investigation report or similar correspondence (in each case, whether in draft or final form) issued by the Output Specifications and MOL or any other Governmental Authority in respect of the other terms and conditions Works.
(f) If Metrolinx has executed or intends to execute an agreement with the City of Toronto or MTO in relation to this Project (a “Stakeholder Agreement; and”), then the following shall apply:
(i) If Metrolinx provides a copy of the Stakeholder Agreement to Project Co, Project Co shall not, and shall ensure that the Project Co Parties do not, in any way whatsoever, contravene or cause Metrolinx to contravene the Stakeholder Agreement.
(ii) If Metrolinx provides the WorksStakeholder Agreement to Project Co, (A) at any time prior to the Facility and all parts thereof willRFP Submission Deadline, at all times, be able to meet the structural, mechanical, electrical and other performance standards then Project Co shall carry out its obligations set out in the Output Specifications.Section 10.3(f)(i) at Project Co’s own cost; and
Appears in 1 contract
Samples: Project Agreement
General Responsibilities and Standards. (a) Project Co shall, at its own cost and risk, perform and complete the Works:
(i) in accordance with the Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement, ,
(A) achieve Phase each Interim Completion by the applicable Scheduled Phase Interim Completion Date; ;
(B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and
(C) achieve Final Completion by the Scheduled Final Completion Date;
(ii) in compliance with Applicable Law;
(iii) so as to satisfy the Output Specifications;
(iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities infrastructure that are is comparable to the FacilityNew Metrolinx Infrastructure and the New Third Party Infrastructure;
(vi) in a manner consistent with the Quality Plans and the Project Co Proposal Extracts;
(vii) in a timely and professional manner;
(viii) with due regard to the health and safety of persons and property;
(ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any of the Contracting Authority Parties Province Person or any Government Entity to comply with Applicable Law;
(x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Governmental Activities;
(xi) coordinate with the applicable Municipality all Construction Activities relating to Existing Third Party Infrastructure owned by the City of Toronto and the New Third Party Infrastructure, including the provision of the Works Schedule, Progress Works Schedule and any updates to the Works Schedule or Progress Works Schedule relating to such infrastructure, so as to minimize the impact of Construction Activities on the applicable Municipality and services provided by the applicable Municipality to the public; and
(xxii) in accordance with all other terms of this Project Agreement.
(b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.
(c) If If, at any time during the Project Term, any of the Works Works, the New Metrolinx Infrastructure, the New Third Party Infrastructure or any parts thereof carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement, Project Co shall, at its own cost and expense, rectify the Works, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and any part thereof so that:
(i) the Works, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and all parts thereof shall, at all times, comply with and satisfy in full the Output Specifications and the other terms and conditions of this Project Agreement; and
(ii) the Works, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and all parts thereof will, at all times, be able to meet the all structural, mechanical, electrical electrical, safety and other performance standards and requirements set out in the Output SpecificationsSpecifications and the Project Agreement.
(d) Project Co shall, at its own cost and risk, immediately notify Contracting Authority upon the receipt or notice of (and provide Contracting Authority with copies of any correspondence received in relation to), any incident report, investigation report or similar correspondence (in each case, whether in draft or final form) issued by the MOL or any other Governmental Authority in respect of the Works.
(e) If Metrolinx has executed or intends to execute an agreement with any Municipality in relation to this Project (a “Municipal Agreement”), or if Metrolinx has executed or intends to execute an agreement with CP in relation to this Project (a “CP Agreement”), then the following shall apply:
(i) If Metrolinx provides a copy of the Municipal Agreement or the CP Agreement, as applicable, to Project Co, Project Co shall not, and shall ensure that the Project Co Parties do not, in any way whatsoever, contravene or cause Metrolinx to contravene the Municipal Agreement or the CP Agreement, as applicable.
(ii) If Metrolinx provides a copy of the Municipal Agreement or the CP Agreement, as applicable, to Project Co,
(A) at any time prior to the RFP Submission Deadline, then Project Co shall carry out its obligations set out in Section 10.3(e)(i) at Project Co’s own cost; and
(B) at any time following the RFP Submission Deadline, then, to the extent that Project Co’s performance of its obligations set out in Section 10.3(e)(i) would result in a material change to the Works and would not otherwise be required of Project Co under the Project Agreement, then such change shall, subject and in accordance with Schedule 22 – Variation Procedure, result in a Variation.
(f) If Project Co has entered into any agreement with a Utility Company with respect to the Works, Project Co shall provide a copy of such agreement to Contracting Authority no later than 15 days after executing such agreement.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities and Standards. (a) Project Co shall, at its own cost and risk, shall perform and complete the Works including, for clarity, the Post Games Works:
(i) so as to satisfy and in strict accordance with the Project Agreement;
(ii) in accordance with the Works Schedule and, and in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement, (A) achieve Phase Completion by the Scheduled Phase Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and (CB) achieve Final Completion by the Scheduled Final Completion Date; (C) achieve PGW Substantial Completion by the Scheduled PGW Substantial Completion Date; and (D) achieve PGW Final Completion by the Scheduled PGW Final Completion Date;
(iiiii) in compliance with Applicable Law;
(iii) so as to satisfy the Output Specifications, including giving all required notices;
(iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital high performance athletics and aquatics facilities that are comparable to the Facility;
(vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts;
(vii) in a timely and professional manner;
(viiivii) with due regard to the health and safety of persons and property;
(ixviii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authorityand which will enable HMQ, any of City, UofT or TO2015 and the Contracting Authority HMQ Parties or any Government Entity to comply with Applicable Law; and
(xix) in accordance with all other terms of this Project Agreement.
(b) Project Co shall cooperate furnish necessary certificates as evidence that the Works installed conform with Contracting Authority in Applicable Law, including all certificates necessary for the fulfillment of HMQ Representative to certify as required to obtain a permit for HMQ‟s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.
(c) If at any time during the Project Term, any portions of the Works carried out by or on behalf of Project Co do not fully satisfy the Output Specifications and/or any other term or condition of this Project Agreement, Project Co shall, at its own cost and expense, rectify the Works, the Facility and any part thereof so that:
(i) the Works, the Facility and all parts thereof shall, at all times, comply with and satisfy in full the Output Specifications and the other terms and conditions of this Project Agreement; and
(ii) the Works, the Facility and all parts thereof will, at all times, be able to meet the structural, mechanical, electrical and other performance standards set out in the Output Specificationsfor which they are obtained.
Appears in 1 contract
Samples: Project Agreement
