Common use of Health and Safety Certification Clause in Contracts

Health and Safety Certification. (a) Project Co shall cause the Construction Contractor at its own cost and risk, at all times during the performance of the Works to: (i) to the extent the Construction Contractor has not obtained its Health and Safety Certification prior to Financial Close, to use best efforts to obtain its Health and Safety Certification no later than six months following Financial Close. In the event that the College is satisfied, in its sole discretion, that the Construction Contractor has used best efforts to obtain its Health and Safety Certification in accordance with this Section 11.22 and the Construction Contractor has not obtained its Health and Safety Certification by the end of such six month period, then the College shall establish a time period during which the Construction Contractor shall obtain its Health and Safety Certification, which time period shall not be less than 60 days; (ii) maintain, and, as applicable, renew its Health and Safety Certification; and (iii) comply with all requirements of the Health and Safety Certification in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works: (i) The Construction Contractor fails, (A) to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; or (B) to obtain its Health and Safety Certification in accordance with this Project Agreement and the College determines that the failure to obtain the Health and Safety Certification is as a result of the Construction Contractor not using best efforts to obtain such certification and the College delivers a notice to Project Co indicating that the Construction Contractor has failed to obtain its Health and Safety Certification in accordance with this Project Agreement, (collectively, an “H&S Certification Default Event”); or (ii) the College delivers a notice to Project Co indicating that the College is of the opinion that the Construction Contractor will fail to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; Project Co shall either: (iii) immediately upon the occurrence of an H&S Certification Default Event, notify the College that an H&S Certification Default Event has occurred and produce and deliver to the College: (A) a report identifying the reasons for the failure to obtain or maintain the Health and Safety Certification; (B) a plan showing the steps that are to be taken to have the Health and Safety Certification reinstated or obtained, as applicable, within a period of not more than 30 days (the “Health and Safety Certification Reinstatement Plan”), which Health and Safety Certification Reinstatement Plan shall be subject to review and approval by the College and, to the extent the College requires any amendments or revisions to be made to the Health and Safety Certification Reinstatement Plan, Project Co shall take, and shall cause the Construction Contractor to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College an amended Health and Safety Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by the College; and (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a); or (iv) within 5 Business Days of receipt of the notice from the College under 11.22(b)(ii), produce and deliver to the College: (A) a report identifying the manner in which the Health and Safety Certification shall be maintained or obtained, as applicable; (B) a plan showing the steps that are to be taken to ensure that the Health and Safety Certification will be maintained without interruption (the “Health and Safety Certification Maintenance Plan”), which Health and Safety Certification Maintenance Plan shall be subject to review and approval by the College and, to the extent the College requires any amendments or revisions to be made to the Health and Safety Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College an amended Health and Safety Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by the College; and (C) arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a).

Health and Safety Certification. ‌ (a) Project Co shall cause the Construction Contractor Contractor, at such its own cost and risk, at all times during the performance of the Works Work to: (i) to the extent the Construction Contractor has not obtained its Health and Safety Certification prior to Financial Close, to use best efforts to obtain its Health and Safety Certification no later than six months following Financial Close. In the event that the College STEGH is satisfied, in its sole discretion, that the Construction Contractor has used best efforts to obtain its Health and Safety Certification in accordance with this Section 11.22 11.26 and the Construction Contractor has not obtained its Health and Safety Certification by the end of such six month period, then the College STEGH shall establish a time period during which the Construction Contractor shall obtain its Health and Safety Certification, which time period shall not be less than 60 days; (ii) maintain, and, as applicable, renew its Health and Safety Certification; and (iii) comply with all requirements of the Health and Safety Certification in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the WorksWork: (i) The Construction the Contractor fails,: (A) to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; or (B) to obtain its Health and Safety Certification in accordance with this Project Agreement and the College STEGH determines that the failure to obtain the Health and Safety Certification is as a result of the Construction Contractor not using best efforts to obtain such certification and the College STEGH delivers a notice to Project Co indicating that the Construction Contractor has failed to obtain its Health and Safety Certification in accordance with this Project Agreement, (collectively, an “H&S Certification Default Event”); or (ii) the College STEGH delivers a notice to Project Co indicating that the College STEGH is of the opinion that the Construction Contractor will fail to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; Agreement;‌ Project Co shall either: (iii) immediately upon the occurrence of an H&S Certification Default Event, notify the College STEGH that an H&S Certification Default Event has occurred and produce and deliver to the CollegeSTEGH: (A) a report identifying the reasons for the failure to obtain or maintain the Health and Safety Certification; (B) a plan showing the steps that are to be taken to have the Health and Safety Certification reinstated or obtained, as applicable, within a period of not more than 30 days (the “Health and Safety Certification Reinstatement Plan”), which Health and Safety Certification Reinstatement Plan shall be subject to review and approval by the College STEGH and, to the extent the College STEGH requires any amendments or revisions to be made to the Health and Safety Certification Reinstatement Plan, Project Co shall take, and shall cause the Construction Contractor to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College STEGH an amended Health and Safety Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by the CollegeSTEGH; and (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a11.28(a); oror‌ (iv) within 5 Business Days of receipt of the notice from the College STEGH under 11.22(b)(ii11.26(b)(ii), produce and deliver to the CollegeSTEGH: (A) a report identifying the manner in which the Health and Safety Certification shall be maintained or obtained, as applicable; (B) a plan showing the steps that are to be taken to ensure that the Health and Safety Certification will be maintained without interruption (the “Health and Safety Certification Maintenance Plan”), which Health and Safety Certification Maintenance Plan shall be subject to review and approval by the College STEGH and, to the extent the College STEGH requires any amendments or revisions to be made to the Health and Safety Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College STEGH an amended Health and Safety Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by the CollegeSTEGH; and (C) arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a).11.28(a).‌

Health and Safety Certification. (a) Project Co shall cause the Construction Contractor at its own cost and risk, at all times during the performance of the Works toWorks: (i) to the extent the Construction Contractor has not obtained its Health and Safety Certification prior to Financial Close, to use best efforts to obtain its Health and Safety Certification no later than six months following Financial Close. In the event that the College Xxxxx is satisfied, in its sole discretion, that the Construction Contractor has used best efforts to obtain its Health and Safety Certification in accordance with this Section 11.22 9.9 and the Construction Contractor has not obtained its Health and Safety Certification by the end of such six month period, then the College Osler shall establish a time period during which the Construction Contractor shall obtain its Health and Safety Certification, which time period shall not be less than 60 days; (ii) to maintain, and, as applicable, renew its Health and Safety Certification; and (iii) to comply with all requirements of the Health and Safety Certification in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the Works: (i) The the Construction Contractor fails,: (A) to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; or (B) to obtain its Health and Safety Certification in accordance with this Project Agreement and the College Osler determines that the failure to obtain the Health and Safety Certification is as a result of the Construction Contractor not using best efforts to obtain such certification and the College Osler delivers a notice to Project Co indicating that the Construction Contractor has failed to obtain its Health and Safety Certification in accordance with this Project Agreement, ; (collectively, an “H&S Certification Default Event”); or (ii) the College Xxxxx delivers a notice to Project Co indicating that the College Xxxxx is of the opinion that the Construction Contractor will fail to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; Project Co shall either: (iii) immediately upon the occurrence of an H&S Certification Default Event, notify the College Osler that an H&S Certification Default Event has occurred and produce and deliver to the CollegeOsler: (A) a report identifying the reasons for the failure to obtain or maintain the Health and Safety Certification; (B) a plan showing the steps that are to be taken to have the Health and Safety Certification reinstated or obtained, as applicable, within a period of not more than 30 days (the “Health and Safety Certification Reinstatement Plan”), which Health and Safety Certification Reinstatement Plan shall be subject to review and approval by the College Xxxxx and, to the extent the College Osler requires any amendments or revisions to be made to the Health and Safety Certification Reinstatement Plan, Project Co shall take, and shall cause the Construction Contractor to take, all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College Osler an amended Health and Safety Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by the CollegeXxxxx; and (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a13.1(i); or (iv) within 5 Business Days of receipt of the notice from the College Osler under 11.22(b)(iiSection 9.9(b)(ii), produce and deliver to the CollegeOsler: (A) a report identifying the manner in which the Health and Safety Certification shall be maintained or obtained, as applicable; (B) a plan showing the steps that are to be taken to ensure that the Health and Safety Certification will be maintained without interruption (the “Health and Safety Certification Maintenance Plan”), which Health and Safety Certification Maintenance Plan shall be subject to review and approval by the College Xxxxx and, to the extent the College Osler requires any amendments or revisions to be made to the Health and Safety Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College Osler an amended Health and Safety Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by the CollegeXxxxx; and (C) arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a13.1(i).

Health and Safety Certification. (a) Project Co shall cause the Construction Contractor Contractor, at such its own cost and risk, at all times during the performance of the Works Work to: (i) to the extent the Construction Contractor has not obtained its Health and Safety Certification prior to Financial Close, to use best efforts to obtain its Health and Safety Certification no later than six months following Financial Close. In the event that the College CHH is satisfied, in its sole discretion, that the Construction Contractor has used best efforts to obtain its Health and Safety Certification in accordance with this Section 11.22 11.25 and the Construction Contractor has not obtained its Health and Safety Certification by the end of such six month period, then the College CHH shall establish a time period during which the Construction Contractor shall obtain its Health and Safety Certification, which time period shall not be less than 60 days; (ii) maintain, and, as applicable, renew its Health and Safety Certification; and (iii) comply with all requirements of the Health and Safety Certification in accordance with its terms. (b) Without limiting any other provision of this Project Agreement, if at any time during the performance of the WorksWork: (i) The Construction Contractor fails,: (A) to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; or (B) to obtain its Health and Safety Certification in accordance with this Project Agreement and the College CHH determines that the failure to obtain the Health and Safety Certification is as a result of the Construction Contractor not using best efforts to obtain such certification and the College CHH delivers a notice to Project Co indicating that the Construction Contractor has failed to obtain its Health and Safety Certification in accordance with this Project Agreement, (collectively, an “H&S Certification Default Event”); or (ii) the College CHH delivers a notice to Project Co indicating that the College CHH is of the opinion that the Construction Contractor will fail to maintain its Health and Safety Certification in accordance with its terms or in accordance with this Project Agreement; Project Co shall either: (iii) immediately upon the occurrence of an H&S Certification Default Event, notify the College CHH that an H&S Certification Default Event has occurred and produce and deliver to the CollegeCHH: (A) a report identifying the reasons for the failure to obtain or maintain the Health and Safety Certification; (B) a plan showing the steps that are to be taken to have the Health and Safety Certification reinstated or obtained, as applicable, within a period of not more than 30 days (the “Health and Safety Certification Reinstatement Plan”), which Health and Safety Certification Reinstatement Plan shall be subject to review and approval by the College CHH and, to the extent the College CHH requires any amendments or revisions to be made to the Health and Safety Certification Reinstatement Plan, Project Co shall take, and shall cause the Construction Contractor to take, take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College CHH an amended Health and Safety Certification Reinstatement Plan not more than 5 Business Days from the date on which such request is made by the CollegeCHH; and (C) no later than 5 Business Days after the H&S Certification Default Event occurs, arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a11.27 (Health and Safety Inspection Reports); or (iv) within 5 Business Days of receipt of the notice from the College CHH under 11.22(b)(ii11.25(b)(ii), produce and deliver to the CollegeCHH: (A) a report identifying the manner in which the Health and Safety Certification shall be maintained or obtained, as applicable; (B) a plan showing the steps that are to be taken to ensure that the Health and Safety Certification will be maintained without interruption (the “Health and Safety Certification Maintenance Plan”), which Health and Safety Certification Maintenance Plan shall be subject to review and approval by the College CHH and, to the extent the College CHH requires any amendments or revisions to be made to the Health and Safety Certification Maintenance Plan, Project Co shall take all reasonable steps as may be necessary to make all such required amendments and revisions and deliver to the College CHH an amended Health and Safety Certification Maintenance Plan not more than 5 Business Days from the date on which such request is made by the CollegeCHH; and (C) arrange to have conducted a complete H&S Inspection in accordance with Section 15.5(a11.27(a).