Common use of Province Access and Monitoring Clause in Contracts

Province Access and Monitoring. 11.9.1 Without limiting the Concessionaire's obligations under Section 11.7 [Access and Facilities for Province's Representative] or under any other provision of this Agreement, the Concessionaire acknowledges and agrees that, subject to complying with all relevant safety procedures and any reasonable directions with regard to site safety that may be issued by or on behalf of the Concessionaire’s Representative from time to time, the Province and its representatives will have unrestricted access at all reasonable times during normal working hours to view the Works at the Site and the Adjacent Areas on reasonable prior notice appropriate to the circumstances, provided that no notice will be required for the Province's Representative, staff and visitors to use any office and other facilities provided at the site for the Province’s use; provided that the Province’s exercise of such access rights will not limit or restrict the Concessionaire’s responsibilities or obligations hereunder. The Province and its representatives will also have unrestricted access at all times to the Project Facilities, the Site and the Adjacent Areas: 11.9.1.1 in relation to the matters described in Sections 8.18.10 and 8.18.12 and Section 18.2 [Items of Geological, Historical or Archaeological Interest or Value]; and 11.9.1.2 in an emergency as the Province, acting reasonably, considers suitable in the circumstances. 11.9.2 If following any viewing, visit or inspection made pursuant to Section 11.9.1 or otherwise it is discovered that there are defects in the Works or that the Concessionaire has failed to comply with any of the requirements of this Agreement pertaining to the performance of the Works, the Province may, without prejudice to any other right or remedy available to it, by notice to the Concessionaire increase the level of its monitoring of the Concessionaire and the performance of the Works until such time as the Concessionaire shall have demonstrated to the satisfaction of the Province that it is capable of performing and will perform all of its obligations under this Agreement. The Concessionaire will compensate the Province for costs incurred by the Province as a result of such increased level of monitoring (including the relevant administrative expenses of the Province, including an appropriate sum in respect of general staff costs and overheads) unless the Concessionaire refers the matter to the Disputes Resolution Procedure and it is determined pursuant to the Disputes Resolution Procedure that no such defect or failure to comply existed to justify the increased level of monitoring. 11.9.3 The Concessionaire will ensure that the Province’s Representative is afforded advance notice of and a full opportunity to witness inspection and test activity in accordance with the Inspection and Test Plan included or referenced in the Construction Quality Management Plan and the witness and hold points specified by the Province’s Representative in connection with its review of such Inspection and Test Plan, failing which the Concessionaire will at the request of the Province’s Representative uncover any relevant part of the Works which has been covered up or otherwise put out of view or remove any relevant part of the Works that has been proceeded with in order to permit the Province’s Representative to witness the relevant inspection or test activity. The Concessionaire will bear all costs of any such uncovering or removal, regardless of whether or not any defect is discovered in the relevant Works. 11.9.4 The Province's Representative will have the right, at any time prior to the issue of a Final Completion Certificate in respect of any Works, to request the Concessionaire to open up and inspect any part or parts of such Works where the Province's Representative (following consultation with the Concessionaire) reasonably believes that such part or parts of the Works is or are defective or that the Concessionaire has failed to comply with the requirements of this Agreement, and the Concessionaire will comply with such request. If the Province's Representative exercises its rights under this Section it will consult with the Concessionaire as to the timing of the opening up and inspection of the relevant part or parts of the Works with a view to avoiding or, if unavoidable, minimizing any delay caused to the conduct of the remaining Works. 11.9.5 If any inspection, including pursuant to Section 11.9.3 or Section 11.9.4, shows a defect or defects in the relevant part or parts of the Works or that the Concessionaire has failed to comply with the requirements of this Agreement, the Concessionaire will: 11.9.5.1 without limiting the Concessionaire’s obligation to bear the costs of any uncovering or removal pursuant to Section 11.9.3, bear the cost of such inspection; and 11.9.5.2 rectify all such defects and non-compliances diligently and in a timely manner, and the Concessionaire will bear all cost and consequences of such inspection and rectification and will not be entitled to any additional compensation or extension of time or other relief in relation thereto. 11.9.6 [Not Used] 11.9.7 The Concessionaire acknowledges that the exercise by the Province or the Province's Representative of the rights under this Section 11.9 [Province Access and Monitoring] is without prejudice to any other rights or remedies of the Province under this Agreement and will in no way affect the obligations of the Concessionaire under this Agreement except as expressly set out in this Section.

Province Access and Monitoring. 11.9.1 Without limiting the Concessionaire's ’s obligations under Section 11.7 [Access and Facilities for Province's ’s Representative] or under any other provision of this Agreement, the Concessionaire acknowledges and agrees that, subject to complying with all relevant safety and site security procedures and any reasonable directions with regard to site safety that may be issued by or on behalf of the Concessionaire’s Representative from time to time, the Province and its representatives will have unrestricted access at all reasonable times during normal working hours (other than to the extent that restriction may be necessary to satisfy health and safety requirements) to view the Works and the Decommissioning at the Site and the Adjacent Areas on reasonable prior notice appropriate to the circumstances, provided that no notice will be required for the Province's Representative, staff and visitors to use any office and other facilities provided or at the site for the Province’s use; Graving Dock Site; provided that the Province’s exercise of such access rights will not limit or restrict the Concessionaire’s responsibilities or obligations hereunder. The Province and its representatives will also have unrestricted access at all times (other than to the extent that restriction may be necessary to satisfy health and safety requirements) to the Project Facilities, the Site Site, the Adjacent Areas and the Adjacent AreasGraving Dock Site: 11.9.1.1 at all reasonable times during normal working hours in relation to the matters described in Sections 8.18.10 and 8.18.12 and Section 18.2 [Items of Geological, Historical or Archaeological Interest or Value]; Value]; and 11.9.1.2 in an emergency as the Province, acting reasonably, considers suitable in the circumstances. 11.9.2 If following any viewing, visit or inspection made pursuant to Section 11.9.1 or otherwise it is discovered that there are defects in the Works or the Decommissioning or that the Concessionaire has failed to comply with any of the requirements of this Agreement pertaining to the performance design, construction, completion, commissioning and testing of the WorksWorks or the design and completion of the Decommissioning, the Province may, without prejudice to any other right or remedy available to it, by notice to the Concessionaire increase the level of its monitoring (to an extent reasonable in the circumstances) of the Concessionaire and the performance of the design, construction, completion, commissioning and testing of the Works and the design and completion of the Decommissioning until such time as the Concessionaire shall have demonstrated to the satisfaction of the Province Province, acting reasonably, that it is capable of performing and will perform all of its obligations under this AgreementAgreement in respect of those Works and/or the Decommissioning. The Concessionaire will compensate the Province for all direct costs incurred by the Province as a result of such increased level of monitoring (including the relevant administrative expenses of the Province, including an appropriate sum in respect of general staff costs and overheads) unless the Concessionaire refers the matter to the Disputes Resolution Procedure and it is determined pursuant to the Disputes Resolution Procedure that no such defect or failure to comply existed to justify the increased level of monitoring in which event the Province will compensate the Concessionaire for its costs associated with the increased level of monitoring. 11.9.3 The Concessionaire will ensure that the Province’s Representative is afforded advance notice of and a full opportunity to witness inspection and test activity in accordance with the Inspection and Test Plan included or referenced in the Construction Quality Management Plan and the witness points and hold points specified by the Province’s Representative in connection with its review of such Inspection and Test Plan, failing which the Concessionaire will at the request of the Province’s Representative uncover any relevant part of the Works which has been covered up or otherwise put out of view or any works relating to the Decommissioning or remove any relevant part of the Works that has been proceeded with in order to permit the Province’s Representative to witness the relevant inspection or test activity. The Concessionaire will bear all costs of any such uncovering or removal, regardless of whether or not any defect is discovered in the relevant WorksWorks or Decommissioning. 11.9.4 The Province's ’s Representative will have the right, right at any time prior to the issue of a Final Completion Certificate in respect of any Works, Date to request the Concessionaire to open up and inspect any part or parts of such the Works or works relating to the Decommissioning where the Province's ’s Representative (following consultation with the Concessionaire) reasonably believes that such part or parts of the Works or works relating to the Decommissioning is or are defective or that the Concessionaire has failed to comply with the requirements of this Agreement, and the Concessionaire will comply with such request. If the Province's ’s Representative exercises its rights under this Section it will consult with the Concessionaire as to the timing of the opening up and inspection of the relevant part or parts of the Works or works relating to the Decommissioning with a view to avoiding or, if unavoidable, minimizing any delay caused to the conduct of the remaining WorksWorks and the remainder of the Decommissioning. 11.9.5 If Subject to Section 11.9.5A, if any inspection, including pursuant to Section 11.9.3 or Section 11.9.4, shows a defect or defects in the relevant part or parts of the Works or works relating to the Decommissioning or that the Concessionaire has failed to comply with the requirements of this Agreement, the Concessionaire will: 11.9.5.1 without limiting the Concessionaire’s obligation to bear the costs of any uncovering or removal pursuant to Section 11.9.3, bear the cost of such inspection; inspection; and 11.9.5.2 rectify all such defects and non-compliances non­compliances diligently and in a timely manner, and the Concessionaire will bear all cost and consequences of such inspection and rectification and will not be entitled to any additional compensation or extension of time or other relief in relation thereto. 11.9.6 [Not Used] 11.9.7 The Concessionaire acknowledges that the exercise by the Province or the Province's Representative of the rights under this Section 11.9 [Province Access and Monitoring] is without prejudice to any other rights or remedies of the Province under this Agreement and will in no way affect the obligations of the Concessionaire under this Agreement except as expressly set out in this Section.

Province Access and Monitoring. 11.9.1 Without limiting the Concessionaire's ’s obligations under Section 11.7 [Access and Facilities for Province's ’s Representative] or under any other provision of this Agreement, the Concessionaire acknowledges and agrees that, subject to complying with all relevant safety and site security procedures and any reasonable directions with regard to site safety that may be issued by or on behalf of the Concessionaire’s Representative from time to time, the Province and its representatives will have unrestricted access at all reasonable times during normal working hours (other than to the extent that restriction may be necessary to satisfy health and safety requirements) to view the Works and the Decommissioning at the Site and the Adjacent Areas on reasonable prior notice appropriate to the circumstances, provided that no notice will be required for the Province's Representative, staff and visitors to use any office and other facilities provided or at the site for the Province’s use; Graving Dock Site; provided that the Province’s exercise of such access rights will not limit or restrict the Concessionaire’s responsibilities or obligations hereunder. The Province and its representatives will also have unrestricted access at all times (other than to the extent that restriction may be necessary to satisfy health and safety requirements) to the Project Facilities, the Site Site, the Adjacent Areas and the Adjacent AreasGraving Dock Site: 11.9.1.1 at all reasonable times during normal working hours in relation to the matters described in Sections 8.18.10 and 8.18.12 and Section 18.2 [Items of Geological, Historical or Archaeological Interest or Value]; Value]; and 11.9.1.2 in an emergency as the Province, acting reasonably, considers suitable in the circumstances. 11.9.2 If following any viewing, visit or inspection made pursuant to Section 11.9.1 or otherwise it is discovered that there are defects in the Works or the Decommissioning or that the Concessionaire has failed to comply with any of the requirements of this Agreement pertaining to the performance design, construction, completion, commissioning and testing of the WorksWorks or the design and completion of the Decommissioning, the Province may, without prejudice to any other right or remedy available to it, by notice to the Concessionaire increase the level of its monitoring (to an extent reasonable in the circumstances) of the Concessionaire and the performance of the design, construction, completion, commissioning and testing of the Works and the design and completion of the Decommissioning until such time as the Concessionaire shall have demonstrated to the satisfaction of the Province Province, acting reasonably, that it is capable of performing and will perform all of its obligations under this AgreementAgreement in respect of those Works and/or the Decommissioning. The Concessionaire will compensate the Province for all direct costs incurred by the Province as a result of such increased level of monitoring (including the relevant administrative expenses of the Province, including an appropriate sum in respect of general staff costs and overheads) unless the Concessionaire refers the matter to the Disputes Resolution Procedure and it is determined pursuant to the Disputes Resolution Procedure that no such defect or failure to comply existed to justify the increased level of monitoring in which event the Province will compensate the Concessionaire for its costs associated with the increased level of monitoring. 11.9.3 The Concessionaire will ensure that the Province’s Representative is afforded advance notice of and a full opportunity to witness inspection and test activity in accordance with the Inspection and Test Plan included or referenced in the Construction Quality Management Plan and the witness points and hold points specified by the Province’s Representative in connection with its review of such Inspection and Test Plan, failing which the Concessionaire will at the request of the Province’s Representative uncover any relevant part of the Works which has been covered up or otherwise put out of view or any works relating to the Decommissioning or remove any relevant part of the Works that has been proceeded with in order to permit the Province’s Representative to witness the relevant inspection or test activity. The Concessionaire will bear all costs of any such uncovering or removal, regardless of whether or not any defect is discovered in the relevant WorksWorks or Decommissioning. 11.9.4 The Province's ’s Representative will have the right, right at any time prior to the issue of a Final Completion Certificate in respect of any Works, Date to request the Concessionaire to open up and inspect any part or parts of such the Works or works relating to the Decommissioning where the Province's ’s Representative (following consultation with the Concessionaire) reasonably believes that such part or parts of the Works or works relating to the Decommissioning is or are defective or that the Concessionaire has failed to comply with the requirements of this Agreement, and the Concessionaire will comply with such request. If the Province's ’s Representative exercises its rights under this Section it will consult with the Concessionaire as to the timing of the opening up and inspection of the relevant part or parts of the Works or works relating to the Decommissioning with a view to avoiding or, if unavoidable, minimizing any delay caused to the conduct of the remaining WorksWorks and the remainder of the Decommissioning. 11.9.5 If Subject to Section 11.9.5A, if any inspection, including pursuant to Section 11.9.3 or Section 11.9.4, shows a defect or defects in the relevant part or parts of the Works or works relating to the Decommissioning or that the Concessionaire has failed to comply with the requirements of this Agreement, the Concessionaire will: 11.9.5.1 without limiting the Concessionaire’s obligation to bear the costs of any uncovering or removal pursuant to Section 11.9.3, bear the cost of such inspection; inspection; and 11.9.5.2 rectify all such defects and non-compliances diligently and in a timely manner, and the Concessionaire will bear all cost and consequences of such inspection and rectification and will not be entitled to any additional compensation or extension of time or other relief in relation thereto. 11.9.6 [Not Used] 11.9.7 The Concessionaire acknowledges that the exercise by the Province or the Province's Representative of the rights under this Section 11.9 [Province Access and Monitoring] is without prejudice to any other rights or remedies of the Province under this Agreement and will in no way affect the obligations of the Concessionaire under this Agreement except as expressly set out in this Section.