Common use of Project Co Material Breach Cure and Remedial Program Clause in Contracts

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. ‌ After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; oror‌ (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. remedied.‌ If Project Co puts forward a program in accordance with Section 12.3(b), the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five 5 Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five 5 Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority Owner may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority Owner (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority Owner within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority Owner will have 10 Business Days from receipt of the program within which to notify Project Co that the AuthorityOwner, acting reasonably, does not accept the program, failing which the Authority Owner will be deemed to have accepted the program. If the Authority Owner notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority Province may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority Province (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority Province within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b)) [Project Co Material Breach Cure and Remedial Program], the Authority Province will have 10 Business Days from receipt of the program within which to notify Project Co that the AuthorityProvince, acting reasonably, does not accept the program, failing which the Authority Province will be deemed to have accepted the program. If the Authority Province notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. ‌ After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; oror‌ (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b)) [Project Co Material Breach Cure and Remedial Program], the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority PUC may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority PUC (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority PUC within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material BreachBreach and if accepted and agreed by PUC, acting reasonably, Project Co shall thereafter begin to diligently pursue such remediation. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If In the event that a program proposed by Project Co puts forward a program in accordance with pursuant to this Section 12.3(b), ) for the Authority will have 10 Business Days from receipt remediation of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such a Project Co Material Breach in a reasonable manner and is not agreed by PUC within a reasonable time period (and10 Business Days of submission of the same to PUC, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with may refer such matter to [] pursuant to Section [] of the Dispute Resolution ProcedureProcedure for an expedited determination (which shall be binding on both parties) of both the scope of the program for remediation of the Project Co Material Breach and a reasonable period within which the Project Co Material Breach shall be required to be remedied pursuant to such program.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority BC Hydro may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (notice, if it is continuing) , within 20 Business Days of after such notice; or (b) if either the Authority (BC Hydro, as set out in its notice) , or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of after such notice, Project Co will deliver to the Authority BC Hydro within 10 Business Days of after such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b)) [Project Co Material Breach Cure and Remedial Program], the Authority BC Hydro will have 10 Business Days from after receipt of the program within which to notify Project Co that the AuthorityBC Hydro, acting reasonably, does not accept the program, failing which the Authority BC Hydro will be deemed to have accepted the program. If the Authority BC Hydro notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (period, and, if not, what would be a reasonable program) , may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority BC Hydro may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority BC Hydro (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority BC Hydro within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b)13.3(b) of this Agreement, the Authority BC Hydro will have 10 Business Days from receipt of the program within which to notify Project Co that the AuthorityBC Hydro, acting reasonably, does not accept the program, failing which the Authority BC Hydro will be deemed to have accepted the program. If the Authority BC Hydro notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority Province may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; or (b) if either the Authority Province (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority Province within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority Province will have 10 Business Days from receipt of the program within which to notify Project Co that the AuthorityProvince, acting reasonably, does not accept the program, failing which the Authority Province will be deemed to have accepted the program. If the Authority Province notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days of such notice; oror‌ (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days of such notice, Project Co will deliver to the Authority within 10 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonable, the parties will use all reasonable efforts within the following five Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.

Project Co Material Breach Cure and Remedial Program. After the occurrence of a Project Co Material Breach and while it is subsisting, the Authority may serve a notice on Project Co and Operations Co specifying in reasonable detail the type and nature of the Project Co Material Breach and: (a) Project Co will remedy such Project Co Material Breach referred to in such notice (if it is continuing) within 20 Business Days 45 days of such notice; or (b) if either the Authority (as set out in its notice) or Project Co reasonably considers that a Project Co Material Breach cannot reasonably be remedied within 20 Business Days 45 days of such notice, Project Co will deliver to the Authority within 10 15 Business Days of such notice a reasonable program (set out, if appropriate, in stages) for remedying the Project Co Material Breach. The , which program will specify in reasonable detail the manner in, and the latest date by, which the Project Co Material Breach is proposed to be remedied. If Project Co puts forward a program in accordance with Section 12.3(b), the Authority will have 10 Business Days from receipt of the program within which to notify Project Co that the Authority, acting reasonably, does not accept the program, failing which the Authority will be deemed to have accepted the program. If the Authority notifies Project Co that it does not accept the program as being reasonablereasonable or does not respond within 10 Business Days from receipt of the program, the parties will use all commercially reasonable efforts within the following five 5 Business Days to agree to any necessary amendments to the program put forward. In the absence of an agreement within such five 5 Business Days, the question of whether the program (as it may have been amended by agreement) will remedy such Project Co Material Breach in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable program) may be referred by either party for resolution in accordance with the Dispute Resolution Procedure.