Common use of Public Use Clause in Contracts

Public Use. 3.3.1 At all times during the Contract Period the Concessionaire will keep the Concession Highway open for public use except for Lane Closures or diversions of traffic flow: 3.3.1.1 by the Concessionaire in accordance with the provisions of the Traffic Management Requirements, the Traffic Management Plan and Section 15.3 [Lane Closures]; 3.3.1.2 by the Minister under the Transportation Act or any other Laws and Regulations; 3.3.1.3 by the Police or fire, ambulance or other emergency services authorities; 3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement; and 3.3.1.5 in the case of the MOT Section, by the MOT Section Contractor in connection with the carrying out of the MOT Section Works. 3.3.2 Except as may otherwise be expressly provided in this Agreement, the Concessionaire does not have any Claim whatsoever against the Province, BCTFA, the Police or any other Governmental Authority for or in respect of any Lane Closure or diversion, including any Lane Closure or diversion referred to in Section 3.3.1, or as a result of the exercise of any other rights or powers or the discharge of any other duties or functions by the Province, BCTFA, the Police or any other Governmental Authority affecting the Project Facilities, the Site and the Adjacent Areas or any part thereof. 3.3.3 All Operations will be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public and the access to and use of any of the Connecting Roads or any other public or private roads or highways, whether under the control or in the possession of the Province or any other person. 3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province or another Governmental Authority which is subordinate to the Province levies tolls specifically on members of the general public for the use of some or all of the Concession Highway or a Connecting Road that is under the jurisdiction of the Province or such other Governmental Authority, as the case may be, by a vehicle travelling thereon will be deemed to constitute a Relevant Change in Law for purposes of this Agreement.

Public Use. 3.3.1 At all times during the Contract Period after Substantial Completion the Concessionaire will keep the Concession Highway open for public use except for Lane Closures or diversions detours of traffic flow: 3.3.1.1 by the Concessionaire in accordance with the provisions of the Traffic Management Requirements, the Traffic Management Plan Requirements and Section 15.3 [Lane Closures];Closures]; 3.3.1.2 by the Minister under the Transportation Act or any other Laws and Regulations;Regulations; 3.3.1.3 by the Police or fire, ambulance or other emergency services authorities;authorities; and 3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement; and 3.3.1.5 in the case of the MOT Section, by the MOT Section Contractor in connection with the carrying out of the MOT Section Works. 3.3.2 Except as may otherwise be expressly provided in this AgreementAgreement (including in the provisions relating to Compensation Events, Province Change and/or Force Majeure and/or in the definition of Excepted Closure), the Concessionaire does not have any Claim whatsoever against the Province, BCTFA, the Police or any other Governmental Authority for or in respect of any Lane Closure or diversiondetour, including any Lane Closure or diversion detour referred to in Section 3.3.1, or as a result of the exercise of any other rights or powers or the discharge of any other duties or functions by the Province, BCTFA, the Police or any other Governmental Authority affecting the Project Facilities, the Site and the Adjacent Areas or the Graving Dock Site or any part thereof. 3.3.3 All Operations Undertakings will be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public and the access to and use of any of the Connecting Roads or any other public or private roads or highways, whether under the control or in the possession of the Province or any other person. 3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province or another Governmental Authority which is subordinate to the Province levies tolls tolls: 3.3.4.1 specifically on members of the general public Users for the use of some or all of the Concession Highway or a Connecting Road that is under the jurisdiction of the Province or such other Governmental Authority, as the case may be, by a vehicle travelling thereon on the Concession Highway; or 3.3.4.2 for the use of any of the Connecting Roads by a vehicle travelling on those Connecting Roads; will be deemed to constitute a Relevant Change in Law for purposes of this Agreement.

Public Use. 3.3.1 At all times during the Contract Period the Concessionaire will (a) Project Co shall keep the Concession Highway open for public use at all times from and after they are made available to Project Co for the purposes of the Project Work pursuant to Section 1.3 [Commencement of Access to Project Site] of Schedule 8 until the expiry of the Access Period in respect of the part of the Project Site upon which they are situated, all parts of the Project Facilities that are open for public use as at the date they are made available to Project Co for the purposes of the Project Work pursuant to Section 1.3 [Commencement of Access to Project Site] of Schedule 8, except for Lane Closures temporary or permanent lane closures or diversions of traffic flowflow instituted: 3.3.1.1 (i) by the Concessionaire Project Co in accordance with the provisions of the Traffic Management Requirements, the Traffic Management Plan or any other provision of Schedule 4 [Design and Section 15.3 [Lane ClosuresConstruction]; 3.3.1.2 (ii) by the Minister or any other Governmental Authority under the Transportation Act (British Columbia), the Motor Vehicle Act (British Columbia), the Community Charter (British Columbia) or any other Laws and Regulations;Laws; or 3.3.1.3 (iii) by the Police or fire, ambulance or other emergency services authorities; 3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement; , and 3.3.1.5 in the case of the MOT Section, by the MOT Section Contractor in connection with the carrying out of the MOT Section Works. 3.3.2 Except except as may otherwise be expressly provided in this Agreement, the Concessionaire does Project Co shall not have any Claim whatsoever against the Province, BCTFA, any Governmental Authority, the Police or any fire, ambulance or other Governmental Authority emergency services authority for or in respect of any Lane Closure or diversion, including any Lane Closure or diversion referred to in Section 3.3.1, or as a result of the exercise of any other such rights or powers or the discharge of any other such duties or functions by any such authority affecting all or any part of the Province, BCTFA, Project Site or the Police Project Infrastructure at any time. (b) Project Co may not charge tolls or any other Governmental Authority affecting user charges for the use of the Project Facilities, the Site and the Adjacent Areas or any part thereof. 3.3.3 All Operations will (c) Subject to temporary and permanent closures or diversions of traffic flow with respect to the Project Facilities permitted by Sections 4.6(a)(i) to 4.6(a)(iii), Project Co shall cause all Project Work to be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public in respect of, and the access of the public to and use of of, any of the Connecting Roads or any other public or private streets, roads or highwaysand highways other than the Project Facilities, whether under the control or in the possession of the Province Province, BCTFA or any other person. 3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province or another Governmental Authority which is subordinate to the Province levies tolls specifically on members of the general public for the use of some or all of the Concession Highway or a Connecting Road that is under the jurisdiction of the Province or such other Governmental Authority, as the case may be, by a vehicle travelling thereon will be deemed to constitute a Relevant Change in Law for purposes of this Agreement.