Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements: (a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly; (b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasioned, which payment shall be made as those costs are incurred following the Traffic Availability Target Date; (c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and (d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period Period, the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the PNI Project or the RNI Project, as applicable, or the Project Requirements, it may invite the Province to proceed as provided in 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 PNI Project or the RNI Project, as applicable, or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the PNI Project or the RNI Project, as applicable, or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasionedoccasioned by the delay in Traffic Availability, which payment shall be made as those costs are incurred following the Traffic Availability Target DateDate for those incurred costs;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the PNI Project or the RNI Project, as applicable, of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve PNI Traffic Availability or RNI Traffic Availability by the PNI Traffic Availability Target Date or the RNI Traffic Availability Target Date respectively or otherwise materially and adversely alter the risk profile of the PNI Project or the RNI Project, as applicable (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 (Payment Schedule), which is addressed in clause (de) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (cd) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, calculated in accordance with Schedule 1 (Change Orders), of carrying out the Project or the Project Requirements, including;
(c) in addition to the amounts determined in accordance with clause (b), if the Change Order will delay Traffic School Availability for any School, then, in respect only of delay caused directly by the Change Order, the Contractor shall be entitled to the following payments from the Province (without duplication):
(i) if Total Availability would have been achieved by the Total Availability Target Date but for the Change Order, then the Contractor shall be entitled to receive each of the following amounts:
(A) the School Capital Payments for each School for which School Availability is delayed by the Change Order calculated from but excluding the Total Availability Target Date to and including the earlier of the revised date that School Availability is scheduled to be achieved as a result of the Change Order and the date that School Availability is achieved for each such School; and
(B) for those Schools that are not delayed by the Change Order and for those Schools that were delayed by the Change Order but that achieve School Availability prior to Total Availability, any costs the 20% portion of the School Capital Payments not included in the Adjusted School Capital Payments for such Schools calculated from but excluding the later of the Total Availability Target Date and the date that each such School achieves School Availability to and including the Contractor thereby occasionedearlier of the date that Total Availability is achieved and the revised date on which Total Availability is scheduled to be achieved as a result of the Change Order, payment for which payment shall be made as those costs are incurred following on a monthly basis on the Traffic Availability Target Datedates that the Payment would have been payable had no Change Order been issued;
(cii) if Total Availability would not have been achieved by the Total Availability Target Date notwithstanding the Change Order, then the Contractor shall be entitled to receive:
(A) the Adjusted School Capital Payments for each School for which School Availability is delayed by the Change Order calculated for each such School from but excluding the later of the Total Availability Target Date and the day that the School would have achieved School Availability but for the Change Order to and including the day that Total Availability would have been achieved but for the Change Order;
(B) School Capital Payments for each School for which School Availability is delayed by the Change Order calculated from but excluding the day that Total Availability would have been achieved but for the Change Order to and including the earlier of the revised date that School Availability is scheduled to be achieved as a result of the Change Order and the date that School Availability is achieved for each such School; and
(C) for those Schools that are not delayed by the Change Order and for those Schools that were delayed by the Change Order but that achieve School Availability prior to Total Availability, the 20% portion of the School Capital Payments not included in the Adjusted School Capital Payments for such Schools, calculated from but excluding the later of the date that Total Availability would have been achieved but for the Change Order and the date that each such School achieves School Availability to and including the earlier of the date that Total Availability is achieved and the revised date that Total Availability is scheduled to be achieved as a result of the Change Order, provided that if a School delayed by a Change Order fails to achieve School Availability by the revised date on which School Availability is scheduled to be achieved then, from and after that revised date, no payments shall be made pursuant to this subparagraph in respect of any School, payment for which shall be made on a monthly basis on the dates that Adjusted School Capital Payments would have been payable had no Change Order been issued;
(d) if the Contractor anticipates that the Change Order will delay Traffic AvailabilitySchool Availability for any School, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and;
(de) 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 M&R Requirements, then the O&M M&R Payments in Schedule 14 (Payment Schedule) shall be adjusted commensurately; and
(f) in the event that the parties cannot, for the purpose of determining the payment amounts pursuant to clause (c), agree on the date that Total Availability would have been achieved or the date that a School would have achieved School Availability but for the Change Order, or the revised date on which Total Availability should be scheduled to be achieved or on which a School should be scheduled to achieve School Availability following the issuance of a Change Order, having used reasonable commercial efforts to resolve their dispute through negotiation, then either the Contractor or the Province may refer the matter to the Project Adjudicator (as defined in Schedule 5 (Design and Plan Certification Process and Review Procedure)) for determination in accordance with the procedure set out in section 4 of Schedule 5. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Total Availability by the Traffic Total Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province)Contractor, the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasioned, which payment shall be made as those costs are incurred following the Traffic Availability Target Date;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(dc) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments)Project.
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasioned, which payment shall be made as those costs are incurred following the Traffic Availability Target Date;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasionedoccasioned by the delay in Traffic Availability, which payment shall be made as those costs are incurred following the Traffic Availability Target DateDate for those incurred costs;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 (Payment Schedule), which is addressed in clause (df) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (ce) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, calculated in accordance with Schedule 1 (Change Orders), of carrying out the Project or the Project Requirements, including;
(c) in addition to the amounts determined in accordance with clause (b), if the Change Order will delay Traffic School Availability for any School, then, in respect only of delay caused directly by the Change Order, the Contractor shall be entitled to the following payments from the Province (without duplication):
(i) if Total Availability would have been achieved by the Total Availability Target Date but for the Change Order, then the Contractor shall be entitled to receive each of the following amounts:
(A) the School Capital Payments for each School for which School Availability is delayed by the Change Order calculated from but excluding the Total Availability Target Date to and including the earlier of the revised date that School Availability is scheduled to be achieved as a result of the Change Order and the date that School Availability is achieved for each such School;
(B) for those Schools that are not delayed by the Change Order and for those Schools that were delayed by the Change Order but that achieve School Availability prior to Total Availability, the 20% portion of the School Capital Payments not included in the Adjusted School Capital Payments for such Schools calculated from but excluding the later of the Total Availability Target Date and the date that each such School achieves School Availability to and including the earlier of the date that Total Availability is achieved and the revised date on which Total Availability is scheduled to be achieved as a result of the Change Order; and
(C) subject to clause (d), the commercially reasonable incremental financing costs and commercially reasonable breakage costs or make whole premiums (an estimate of and explanation for which the Contractor shall provide to the Province in accordance with Schedule 1 (Change Orders)) on financing to be repaid from the Provincial Funding Final Payment, calculated from but excluding the date that the Provincial Funding Final Payment would have been paid but for the Change Order to and including the earlier of the revised date that the Provincial Funding Final Payment is scheduled to be paid as a result of the Change Order and the date that the Provincial Funding Final Payment is actually paid, payment for which shall be made on a monthly basis on the dates that the Payment would have been payable had no Change Order been issued;
(ii) if Total Availability would not have been achieved by the Total Availability Target Date notwithstanding the Change Order, then the Contractor shall be entitled to receive:
(A) the Adjusted School Capital Payments for each School for which School Availability is delayed by the Change Order calculated for each such School from but excluding the later of the Total Availability Target Date and the day that the School would have achieved School Availability but for the Change Order to and including the day that Total Availability would have been achieved but for the Change Order;
(B) School Capital Payments for each School for which School Availability is delayed by the Change Order calculated from but excluding the day that Total Availability would have been achieved but for the Change Order to and including the earlier of the revised date that School Availability is scheduled to be achieved as a result of the Change Order and the date that School Availability is achieved for each such School;
(C) for those Schools that are not delayed by the Change Order and for those Schools that were delayed by the Change Order but that achieve School Availability prior to Total Availability, the 20% portion of the School Capital Payments not included in the Adjusted School Capital Payments for such Schools, calculated from but excluding the later of the date that Total Availability would have been achieved but for the Change Order and the date that each such School achieves School Availability to and including the earlier of the date that Total Availability is achieved and the revised date that Total Availability is scheduled to be achieved as a result of the Change Order, provided that if a School delayed by a Change Order fails to achieve School Availability by the revised date on which School Availability is scheduled to be achieved then, from and after that revised date, no payments shall be made pursuant to this subparagraph in respect of any School;
(D) subject to clause (d) the commercially reasonable incremental financing costs and commercially reasonable breakage costs or make whole premiums (an estimate of and explanation for which the Contractor shall provide to the Province in accordance with Schedule 1 (Change Orders)) on financing to be repaid from the Provincial Funding Final Payment, calculated from but excluding the day that the Provincial Funding Final Payment would have been paid but for the Change Order to and including the earlier of the revised date that the Provincial Funding Final Payment is scheduled to be paid as a result of the Change Order and the date that the Provincial Funding Final Payment is actually paid, payment for which shall be made on a monthly basis on the dates that Adjusted School Capital Payments would have been payable had no Change Order been issued;
(d) the Province may elect in its sole discretion to pay to the Contractor thereby occasionedthe Provincial Funding Final Payment on the date that the Provincial Funding Final Payment would have been payable but for the Change Order, in which payment case Section 7.1(c)(i)(C) and Section 7.1(c)(ii)(D), as applicable, shall be made as those costs are incurred following the Traffic Availability Target Datenot apply;
(ce) if the Contractor anticipates that the Change Order will delay Traffic AvailabilitySchool Availability for any School, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and;
(df) 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 M&R Requirements, then the O&M M&R Payments in Schedule 14 (Payment Schedule) shall be adjusted commensurately; and
(g) in the event that the parties cannot, for the purpose of determining the payment amounts pursuant to clause (c), agree on the date that Total Availability would have been achieved or the date that a School would have achieved School Availability but for the Change Order, or the revised date on which Total Availability should be scheduled to be achieved or on which a School should be scheduled to achieve School Availability following the issuance of a Change Order, having used reasonable commercial efforts to resolve their dispute through negotiation, then either the Contractor or the Province may refer the matter to the Project Adjudicator (as defined in Schedule 5 (Design and Plan Certification Process and Review Procedure)) for determination in accordance with the procedure set out in section 4 of Schedule 5. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Total Availability by the Traffic Total Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If If, during the Construction Period Period, the Province wishes to modify the Project Project, the Existing Facilities O&M or the Project Requirements, it shall proceed as provided in accordance with Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project Project, the Existing Facilities O&M or the Project Requirements, it may invite the Province to proceed as provided in accordance with 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 Project Project, the Existing Facilities O&M or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 14, which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project Project, the Existing Facilities O&M or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasionedoccasioned by the delay in Availability, which payment shall be made as those costs are incurred following the Traffic Availability Target DateDate for these incurred costs;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Modification of Project Requirements. If If, during the Construction Period Period, the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in accordance with Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in accordance with Schedule 11 (Change Orders). Upon a Change Order Confirmation or a Change Order Directive being issued by the Province pursuant to Schedule 1 (Change Orders) in respect of the Project or the Project Requirements:
(a) Schedule 18 14 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasioned, which payment shall be made as those costs are incurred following the Traffic Availability Target Date;; and
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments)Project.
Appears in 1 contract
Samples: Agreement to Design and Build
Modification of Project Requirements. If during the Construction Period the Province wishes to modify the Project or the Project Requirements, it shall proceed as provided in Schedule 1 (Change Orders). If the Contractor wishes to recommend modification of the Project or the Project Requirements, it may invite the Province to proceed as provided in 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 Project or the Project Requirements:
(a) Schedule 18 (Technical Requirements) or any other affected Schedule (other than Schedule 14 which is addressed in (d) below) shall be amended accordingly;
(b) except as otherwise agreed between the Province and the Contractor (including without limitation any arrangement proposed by the Contractor under clause (c) and agreed to by the Province), the Contractor shall be entitled to payment from the Province on a progress basis, invoiced and paid on a monthly basis, of the reasonable incremental costs, if any, of carrying out the Project or the Project Requirements, including, if the Change Order will delay Traffic Availability, any costs to the Contractor thereby occasionedoccasioned by the delay in Traffic Availability, which payment shall be made as those costs are incurred following the Traffic Availability Target DateDate for those incurred costs ;
(c) if the Contractor anticipates that the Change Order will delay Traffic Availability, but is of the opinion the delay can be avoided or mitigated through extraordinary measures, the Contractor may propose to the Province that such extraordinary measures be taken by the Contractor at the Province’s expense; and
(d) 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 be adjusted commensurately. The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Project Financing or the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project (including, without limitation, increased exposure to Payment Adjustments).
Appears in 1 contract
Samples: Dbfo Agreement
