O&M Contracts. If Developer elects not to self-perform the O&M Work, it shall enter into an O&M Contract for the O&M Work, which O&M Contract shall be a Major Subcontract. For purposes of this Section 5.2, “self-perform” means performance of at least thirty percent of the aggregate value of the O&M Work over the Term (excluding Renewal Work and Handback Requirements Work). The O&M Contractor shall have the expertise, qualifications, experience, competence, skills and know-how to perform the O&M Work and related obligations of Developer in accordance with this Agreement.
O&M Contracts. If Developer elects not to self-perform any aspect of the operations and maintenance of the Project, including toll operations, it shall enter into an O&M Contract for such O&M Work. Each O&M Contract will be a Principal Project Document. Each O&M Contractor, if any, shall have the expertise, qualifications, experience, competence, skills and know-how to perform the O&M Work and related obligations of Developer in accordance with this Agreement.
O&M Contracts. 16.1 O&M Contracts 67 16.2 Transition of Operations and Maintenance Responsibilities 67
17.1 By Independent Engineer 67 17.2 By TxDOT 67 17.3 General Inspections 68 17.4 Meetings 68
O&M Contracts. Not later than six months prior to the end of the Term, Emera shall:
(i) deliver to Nalcor copies of all O&M Contracts, together with a statement of:
(A) the items ordered and not yet delivered pursuant to each agreement;
(B) the expected delivery dates of all such items; and
(C) the total cost of each agreement and the terms of payment;
(ii) submit to Nalcor detailed information relating to each O&M Contractor or otherwise relating to the O&M Activities in sufficient detail so that Nalcor may contact each such O&M Contractor and determine the role or function of each such O&M Contractor in regard to the O&M Activities; and Nalcor, if it so elects, may seek to engage each O&M Contractor on substantially the same terms as those upon which each had been contracted by Xxxxx;
(iii) deliver to Nalcor a list of:
(A) all items specially designed for the Maritime Link previously delivered or fabricated by Emera or any O&M Contractor and intended to be but not yet incorporated in the Maritime Link (“Special Items”); and
(B) all other supplies, materials, machinery, equipment and special tools specifically designed for use in the operation or maintenance of the Maritime Link; and
(iv) advise Nalcor of any special circumstances which might limit or prohibit cancellation of any O&M Contract.
