Common use of Notice of Failure to Comply Clause in Contracts

Notice of Failure to Comply. 9.7.1 In this Section 9.7 [Notice of Failure to Comply] the terms “employer” and “workers” do not include the Concessionaire, the MOT Section Contractor, or any of the contractors or subcontractors of any tier of either of them, or the employees of any of them. 9.7.2 If the Concessionaire determines in its reasonable discretion that any employer or its workers creates an unsafe or harmful condition or does or omits to do something that constitutes an unsafe or harmful act, or has failed to comply with the Workers Compensation Act, the OHS Regulation, or the Safety Program, and that on written notice from the Concessionaire to the employer of such condition, act or failure the employer has failed or refused to take action to correct the condition or act, including any condition or act of a worker, the Concessionaire may issue a notice to the applicable employer stipulating in reasonable detail the basis for the issuance of the notice and the Concessionaire will deliver a copy of the notice to the Province. 9.7.3 On receipt of the Concessionaire’s notice referenced in Section 9.7.2, the Province may take whatever action the Province deems necessary to ensure that any risk to workers is eliminated or minimized, and such action may include suspension of work at the location specified in the Concessionaire’s notice, and suspension of any payment due by the Province to any person, including to the Concessionaire. 9.7.4 The Province will be deemed to have relied on the terms of and the reasons set out in the Concessionaire’s notice, notwithstanding any subsequent investigation or inquiry of the matter by the Province, which the Province may but will not be obligated to undertake, and the Concessionaire will indemnify and hold the Province and BCTFA, and either of them, harmless in connection with any and all Losses or Claims arising in connection with the issuance of the Concessionaire’s notice referenced in Section 9.7.2 and any acts or omissions of the Province in reliance on such Concessionaire’s notice. 9.7.5 On rectification of the condition, act, or failure set out in the Concessionaire’s notice the Concessionaire will withdraw the Concessionaire’s notice referenced in Section 9.7.2 by endorsing on a copy thereof confirmation of the rectification and the Concessionaire will deliver a copy of the endorsed notice to the applicable employer and to the Province. 9.7.6 On receipt of a copy of the endorsed notice referenced in Section 9.7.5, the Province will, if the Province suspended work or payments under Section 9.7.3, issue an order to resume work or release any payments, as the case may be.

Notice of Failure to Comply. 9.7.1 In this Section 9.7 [Notice of Failure to Comply] the terms “employer” and “workers” do not include the Concessionaire, the MOT Section Contractor, Concessionaire or any of the its contractors or subcontractors of any tier of either of them, or the employees of any of them. 9.7.2 If the Concessionaire determines in its reasonable discretion that any employer or its workers creates an unsafe or harmful condition or does or omits to do something that constitutes an unsafe or harmful act, or has failed to comply with the Workers Compensation Act, the OHS RegulationOccupational Health and Safety Regulations, or the Safety Program, and that on written notice from the Concessionaire to the employer of such condition, act or failure failure, the employer has failed or refused to take action to correct the condition or act, including any condition or act of a worker, the Concessionaire may issue a notice to the applicable employer stipulating in reasonable detail the basis for the issuance of the notice and the Concessionaire will deliver a copy of the notice to the Province. 9.7.3 On receipt of the Concessionaire’s notice referenced in Section 9.7.2, the Province may take whatever action the Province deems necessary to ensure that any risk to workers is eliminated or minimized, and such action may include suspension of work at the location specified in the Concessionaire’s notice, and suspension of any payment due by the Province to any person, including to excluding the Concessionaire. 9.7.4 The Province will be deemed to have relied on the terms of and the reasons set out in the Concessionaire’s notice, notwithstanding any subsequent investigation or inquiry of the matter by the Province, which the Province may but will not be obligated to undertake, and the Concessionaire will indemnify and hold the Province and BCTFA, and either of them, harmless in connection with any and all Losses or Claims arising in connection with the issuance of the Concessionaire’s notice referenced in Section 9.7.2 and any acts or omissions of the Province in reliance on such Concessionaire’s notice. 9.7.5 On rectification of the condition, act, or failure set out in the Concessionaire’s notice the Concessionaire will withdraw the Concessionaire’s notice referenced in Section 9.7.2 by endorsing on a copy thereof confirmation of the rectification and the Concessionaire will deliver a copy of the endorsed notice to the applicable employer and to the Province. 9.7.6 On receipt of a copy of the endorsed notice referenced in Section 9.7.5, the Province will, will if the Province suspended work or payments under Section 9.7.3, issue an order to resume work or release any payments, as the case may be.