Common use of Province May Prevent Road Opening Clause in Contracts

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $16,250 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order Directive.

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $16,250 12,500 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order Directive.

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority Existing Infrastructure and the New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: of $16,250 2,000 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order DirectiveOrder.

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is and the Service Roads are not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure and the Service Roads can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority Existing Infrastructure and the New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was and the Service Roads were safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was and the Service Roads were not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was and the Service Roads were safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: of $16,250 2,000 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure Service Roads was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order DirectiveOrder.

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority Existing Infrastructure and the New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: of $16,250 2,500 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; concerns plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order Directive.

Province May Prevent Road Opening. ‌ Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Priority New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Priority New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Priority New Infrastructure is safe for vehicle traffic. In that event: (a) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Priority New Infrastructure can be opened to the public at the earliest possible date; (b) PNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the PNI Payment accordingly, and the Contractor shall commence performing the O&M on the Priority New Infrastructure; (c) the difference of opinion and the question of whether and on what date the Priority New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (d) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Priority New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Priority New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: of $16,250 2,500 for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; plus the PNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Priority New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. Notwithstanding a recommendation and deemed certification under Section 5.14, the Province may, if it considers, based on safety concerns (i) identified in writing by the Province during the design review process, (ii) notified by the Province in accordance with Section 5.13, or (iii) that could not reasonably have been identified by the Province at the time of its inspection under Section 5.13, that the Remaining New Infrastructure is not safe for vehicle traffic, immediately and upon so notifying the Contractor and the Independent Safety Auditor (which notice must set out the specific safety concerns), prevent the opening of the Remaining New Infrastructure to vehicle traffic until such time as the Province is satisfied that the Remaining New Infrastructure is safe for vehicle traffic. In that event: (e) the Province and the Contractor will work cooperatively together to arrive at a mutually agreeable plan for the Contractor to rectify the safety concerns so that the Remaining New Infrastructure can be opened to the public at the earliest possible date; (f) RNI Traffic Availability shall for all purposes of this Agreement be considered to have been achieved, the Province shall commence making the RNI Payment accordingly, and the Contractor shall commence performing the O&M on the Remaining New Infrastructure; (g) the difference of opinion and the question of whether and on what date the Remaining New Infrastructure was safe for vehicle traffic shall be resolved pursuant to the Dispute Resolution Procedure; (h) if it should be determined pursuant to the Dispute Resolution Procedure that by reason of the safety concerns identified by the Province in the notice to the Contractor under this Section 5.15, the Remaining New Infrastructure was not safe for vehicle traffic on or before the date of the recommendation by the Independent Safety Auditor under Section 5.14, then: (i) the arbitrator making that determination shall determine the date on which the Remaining New Infrastructure was safe for vehicle traffic, and award a credit to the Province, to be applied against the Payment next coming due, in the amount of: $8,750 for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; plus the RNI New O&M Payment (as defined in Schedule 14) on a per day rate for each day that the opening of the Remaining New Infrastructure was delayed by the safety concerns; and (ii) the Contractor shall as soon as practicable and at its expense rectify such of the safety concerns as have not yet been rectified. In the event that the Contractor notifies the Province that it disputes safety concerns identified by the Province but intends to address such safety concerns as requested by the Province while reserving the right to dispute such safety concerns, then the Contractor may thereafter through the Dispute Resolution Procedure seek a determination that the work done by the Contractor in response to the Province’s concerns shall be deemed to be work done pursuant to a Change Order Directive.