PROTECTION OF WORKS AND PROPERTY. (a) Project Co shall protect the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure, and the property of Contracting Authority on the Lands, including the Existing Infrastructure, and the property adjacent to the Lands, from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party. (b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of, (i) the Interim Completion Works, including any New Metrolinx Infrastructure and New Third Party Infrastructure that forms part of the Interim Completion Works, is damaged or destroyed prior to the Interim Completion Date; (ii) the Remainder Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (including the New Municipal Infrastructure prior to Handover of the New Municipal Infrastructure) that forms part of the Remainder Works, is damaged or destroyed prior to the Substantial Completion Date; (iii) the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (prior to the Handover of the New Municipal Infrastructure) is damaged or destroyed after Substantial Completion as a result of an act or omission of Project Co or a Project Co Party; or (iv) any existing property of Contracting Authority on the Lands, including any Existing Infrastructure, or any property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any Project Co Party, then Project Co shall, at its own cost and expense, Make Good the Works (including the New Metrolinx Infrastructure and the New Third Party Infrastructure), and the Existing Infrastructure, and repair and replace the property of Contracting Authority on the Lands, including the Existing Infrastructure, and any property adjacent to the Lands, or any part thereof, as applicable, (the “Reinstatement Work”) promptly and in any event as soon as practicable in the circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Works (including the New Metrolinx Infrastructure or the New Third Party Infrastructure) shall not terminate this Project Agreement or relieve Project Co of any of its obligations hereunder or entitle Project Co to any compensation from Contracting Authority. For clarity, after Handover of New Municipal Infrastructure, damage or destruction to the New Municipal Infrastructure shall be dealt with pursuant to the Project Agreement as damage or destruction to the property of third parties. (c) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjacent property without first consulting Contracting Authority and receiving written instructions as to the course of action to be followed. (d) Notwithstanding Sections 11.9(b) and 11.9(e), Reinstatement Work carried out by Project Co in respect of New Third Party Infrastructure that is not owned by a Municipality shall be planned and implemented by Project Co in consultation with the applicable third party. (e) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] (index linked) or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (i) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction; (ii) Project Co’s proposed schedule for the execution of the Reinstatement Work; and (iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate, and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. Notwithstanding Section 11.9(c), where there is danger to life or property which arises out of or in connection with the performance of the Works, either Party may, but Project Co shall, immediately take such emergency action as is necessary to remove the danger. (f) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement. (g) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work. (h) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure.
Appears in 1 contract
Samples: Project Agreement
PROTECTION OF WORKS AND PROPERTY. (a) Project Co shall protect the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure, and the property of Contracting Authority on the Lands, including the Existing Infrastructure, and the property adjacent to the Lands, from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party.
(b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of,
(i) the Interim Completion Works, including any New Metrolinx Infrastructure and New Third Party Infrastructure that forms part of the Interim Completion Works, is damaged or destroyed prior to the Interim Completion Date;
(ii) the Remainder Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (including the New Municipal Infrastructure prior to Handover of the New Municipal Third Party Infrastructure) that forms part of the Remainder Works), is damaged or destroyed prior to the Substantial Completion Date;
(iiiii) the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (prior to the Handover of the New Municipal Third Party Infrastructure) ), is damaged or destroyed after the Substantial Completion Date as a result of an act or omission of Project Co or a Project Co Party;
(iii) the Existing Third Party Infrastructure is damaged or destroyed at any time during the Project Term as a result of an act or omission of Project Co or a Project Co Party; or
(iv) any existing property of Contracting Authority on the Lands, including any Existing Infrastructure, or any property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any a Project Co Party, then Project Co shall, at its own cost and expense, Make Good the Works (including the New Metrolinx Infrastructure and the New Third Party Infrastructure), ) and the Existing Infrastructure, and repair and replace the property of Contracting Authority on the Lands, including the Existing Infrastructure, Infrastructure and any property adjacent to the Lands, or any part thereof, as applicable, (the “Reinstatement Work”) promptly and in any event as soon as practicable in the circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Works (including the New Metrolinx Infrastructure or the New Third Party Infrastructure) shall not terminate this Project Agreement or relieve Project Co of any of its obligations hereunder or entitle Project Co to any compensation from Contracting Authority. For clarity, after Handover of New Municipal Third Party Infrastructure, damage or destruction to the New Municipal Third Party Infrastructure shall be dealt with pursuant to the Project Agreement as damage or destruction to the property of third parties.
(c) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjacent property property, or Existing Third Party Infrastructure, without first consulting Contracting Authority Authority, and, in the case of infrastructure owned by MTO, without first consulting with MTO, an in each case, and receiving written instructions from Contracting Authority as to the course of action to be followed.
(d) Without derogating from any obligations which Project Co may have under any MTO Encroachment Permit, Project Co acknowledges and agrees that the timely performance of Reinstatement Work relating to damage or destruction to Existing Third Party Infrastructure owned by MTO is critical to the ability of MTO to maintain effective operations of such infrastructure. To the extent that Project Co is required to perform Reinstatement Work on Existing Third Party Infrastructure owned by MTO pursuant to this Section 11.11, Project Co shall respond to any requirement by MTO to perform such Reinstatement Work within the time periods required by MTO. Project Co acknowledges and agrees that if MTO is unable to contact Project Co, or if Project Co is unable to perform such Reinstatement Work within the time specified by MTO, MTO may take such emergency steps as are reasonable and appropriate to correct any damage or destruction or failures to comply with the Project Agreement, at Project Co’s sole risk, cost and expense. Except in the case of damage caused by MTO’s own forces, such emergency steps taken by MTO shall not invalidate any Project Co warranties in respect of any of the Works.
(e) Notwithstanding Sections 11.9(b11.11(b) and 11.9(e11.11(f), and without derogating from Project Co’s obligations under Section 11.11(d) or any MTO Encroachment Permit, Reinstatement Work carried out by Project Co in respect of Existing Third Party Infrastructure and New Third Party Infrastructure that is not owned by a Municipality or the Region of Peel shall be planned and implemented by Project Co in consultation with the applicable third party.
(ef) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] (index linked) or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia:
(i) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction;
(ii) Project Co’s proposed schedule for the execution of the Reinstatement Work; and
(iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate, and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - – Review Procedure except to the extent necessary to address any Emergency or public safety needs. Notwithstanding Section 11.9(c11.11(c), where there is danger to life or property which arises out of or in connection with the performance of the Works, either Party may, but Project Co shall, immediately take such emergency action as is necessary to remove the danger.
(fg) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - – Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement.
(gh) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - – Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work.
(hi) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.12(g11.14(g) and Schedule 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.12(g11.14(g) and Schedule 27 – Dispute Resolution Procedure.
Appears in 1 contract
Samples: Project Agreement
PROTECTION OF WORKS AND PROPERTY. (a) Project Co shall protect the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure, and the property of Contracting Authority on the Lands, including the Existing Infrastructure, and the property adjacent to the Lands, from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party.
(b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of,
(i) the First Interim Completion Works, including any New Metrolinx Infrastructure and New Third Party Infrastructure that forms part of the First Interim Completion Works, is damaged or destroyed prior to the First Interim Completion Date;
(ii) the Second Interim Completion Works, including any New Metrolinx Infrastructure and New Third Party Infrastructure that forms part of the Second Interim Completion Works, is damaged or destroyed prior to the Second Interim Completion Date;
(iii) the Remainder Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (including the New Municipal Infrastructure prior to Handover of the New Municipal Infrastructure) that forms part of the Remainder Works, is damaged or destroyed prior to the Substantial Completion Date;
(iiiiv) the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (prior to the Handover of the New Municipal Infrastructure) is damaged or destroyed after Substantial Completion as a result of an act or omission of Project Co or a Project Co Party; or
(ivv) any existing property of Contracting Authority on the Lands, including any Existing Infrastructure, or any property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any Project Co Party, then Project Co shall, at its own cost and expense, Make Good the Works (including the New Metrolinx Infrastructure and the New Third Party Infrastructure), and the Existing Infrastructure, and repair and replace the property of Contracting Authority on the Lands, including the Existing Infrastructure, and any property adjacent to the Lands, or any part thereof, as applicable, (the “Reinstatement Work”) promptly and in any event as soon as practicable in the circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Works (including the New Metrolinx Infrastructure or the New Third Party Infrastructure) shall not terminate this Project Agreement or relieve Project Co of any of its obligations hereunder or entitle Project Co to any compensation from Contracting Authority. For clarity, after Handover of New Municipal Infrastructure, damage or destruction to the New Municipal Infrastructure shall be dealt with pursuant to the Project Agreement as damage or destruction to the property of third parties.
(c) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjacent property without first consulting Contracting Authority and receiving written instructions as to the course of action to be followed.
(d) Notwithstanding Sections 11.9(b) and 11.9(e), Reinstatement Work carried out by Project Co in respect of New Third Party Infrastructure that is not owned by a Municipality shall be planned and implemented by Project Co in consultation with the applicable third party.
(e) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] (index linked) or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia:
(i) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction;
(ii) Project Co’s proposed schedule for the execution of the Reinstatement Work; and
(iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate, and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. Notwithstanding Section 11.9(c), where there is danger to life or property which arises out of or in connection with the performance of the Works, either Party may, but Project Co shall, immediately take such emergency action as is necessary to remove the danger.
(f) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement.
(g) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work.
(h) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure.
Appears in 1 contract
Samples: Project Agreement
PROTECTION OF WORKS AND PROPERTY. (a) Project Co shall protect the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure, and the property of Contracting Authority on the Lands, including the Existing Infrastructure, and the property adjacent to the Lands, from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party.
(b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of,
(i) , the Interim Completion Works, including any New Metrolinx Infrastructure and New Third Party Infrastructure that forms part of the Interim Completion Works, is damaged or destroyed prior to the Interim Completion Date;
(ii) the Remainder Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (including the Kipling Bus Terminal and the New Municipal Third Party Infrastructure prior to the Handover of the Kipling Bus Terminal or the New Municipal Third Party Infrastructure, as the case may be) that forms part of the Remainder Works, is damaged or destroyed prior to the Substantial Completion Date;
(iii) Completion; the Works, including the New Metrolinx Infrastructure and the New Third Party Infrastructure (prior to the Handover of the New Municipal Third Party Infrastructure) is damaged or destroyed after Substantial Completion as a result of an act or omission of Project Co or a Project Co Party; or
(iv) or any existing property of Contracting Authority on the Lands, including any Existing Infrastructure, or any property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any Project Co Party, then Project Co shall, at its own cost and expense, Make Good the Works (including the New Metrolinx Infrastructure and the New Third Party Infrastructure), and the Existing Infrastructure, Infrastructure and repair and replace the property of Contracting Authority on the Lands, including the Existing Infrastructure, and any property adjacent to the Lands, or any part thereof, as applicable, (the “Reinstatement Work”) promptly and in any event as soon as practicable in the circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Works (including the New Metrolinx Infrastructure or the New Third Party Infrastructure) shall not terminate this Project Agreement or relieve Project Co of any of its obligations hereunder or entitle Project Co to any compensation from Contracting Authority. For clarity, after Handover of New Municipal Third Party Infrastructure, damage or destruction to the New Municipal Third Party Infrastructure shall be dealt with pursuant to the Project Agreement as damage or destruction to the property of third parties.
(c) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjacent property without first consulting Contracting Authority and receiving written instructions as to the course of action to be followed.
(d) Notwithstanding Sections 11.9(b) and 11.9(e), Reinstatement Work carried out by Project Co in respect of New Third Party Infrastructure that is not owned by a Municipality shall be planned and implemented by Project Co in consultation with the applicable third party.
(e) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] (index linked) or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia:
(i) : a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction;
(ii) ; Project Co’s proposed schedule for the execution of the Reinstatement Work; and
(iii) and the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate, and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. Notwithstanding Section 11.9(c), where there is danger to life or property which arises out of or in connection with the performance of the Works, either Party may, but Project Co shall, immediately take such emergency action as is necessary to remove the danger.
(f) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement.
(g) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work.
(h) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.12(g) and Schedule 27 – Dispute Resolution Procedure.Notwithstanding
Appears in 1 contract
Samples: Project Agreement
