Common use of Modification of O&M Requirements Clause in Contracts

Modification of O&M Requirements. If the Province wishes to modify the O&M or the O&M Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the O&M or the O&M Requirements, it may invite the Province to proceed under Schedule 1. Upon a Change Order Confirmation or a Change Order Directive being issued by the Province pursuant to Schedule 1 in respect of the O&M or the O&M Requirements: (a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (b) below) shall be amended accordingly; and (b) except as otherwise agreed between the Province and the Contractor, if the Change Order will increase or decrease the cost to the Contractor of carrying out the O&M or the O&M Requirements, then the O&M Payments in Schedule 14 (Payment Schedule) shall thereafter be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate would: (i) effect a reduction in the O&M or the O&M Requirements of such magnitude as could reasonably be expected to materially and adversely affect the Contractor; or (ii) involve an alteration in the scope of the O&M of such magnitude that it could reasonably be expected to materially and adversely alter the risk profile of the O&M (including, without limitation, increased exposure to Payment Adjustments).

Modification of O&M Requirements. ‌ If the Province wishes to modify the O&M or the O&M Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the O&M or the O&M Requirements, it may invite the Province to proceed under Schedule 1. Upon a Change Order Confirmation or a Change Order Directive being issued by the Province pursuant to Schedule 1 in respect of the O&M or the O&M Requirements: (a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (b) below) shall be amended accordingly; and (b) except as otherwise agreed between the Province and the Contractor, if the Change Order will increase or decrease the cost to the Contractor of carrying out the O&M or the O&M Requirements, then the O&M Payments in Schedule 14 (Payment Schedule) shall thereafter be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate would: (i) effect a reduction in the O&M or the O&M Requirements of such magnitude as could reasonably be expected to materially and adversely affect the Contractor; or (ii) involve an alteration in the scope of the O&M of such magnitude that it could reasonably be expected to materially and adversely alter the risk profile of the O&M (including, without limitation, increased exposure to Payment Adjustments).