Refusal to Recognize Concessionaire as Prime Contractor Sample Clauses

Refusal to Recognize Concessionaire as Prime Contractor. If the Workers’ Compensation Board refuses to recognize or accept the Concessionaire at any time as the Prime Contractor, including by making a determination to that effect, then: (a) the Concessionaire shall not be relieved of any obligations, duties and liabilities as Prime Contractor but shall be responsible to the Province and BCTFA and to those for whom the Concessionaire would have been responsible if the Concessionaire had been accepted or recognized by the Workers’ Compensation Board as the Prime Contractor for fulfilling all obligations, duties and liabilities imposed on the Province or BCTFA or any contractor or subcontractor of any tier of the Province or BCTFA pursuant to Health and Safety Laws in the same manner and to the same extent and for the same purposes as if the Concessionaire undertook the obligations of a Prime Contractor for the Project Site at all times throughout the Term, including the liability for any assessments, levies, penalties, fees or fines assessed, levied or charged from time to time against the Concessionaire or against the Province or BCTFA under Health and Safety Laws; and (b) if the Workers’ Compensation Board recognizes or accepts, including by making a determination to that effect, any Principal Contractor or Subcontractor as the Prime Contractor, then the Concessionaire shall not be considered to be in breach of this Agreement solely by reason of the refusal to accept the Concessionaire as the Prime Contractor or the determination by the Workers’ Compensation Board to that effect, provided that and only to the extent that: (i) the Concessionaire has not failed to observe, abide by or comply with any term of this Agreement; (ii) such refusal to recognize or accept, or other determination, of the Workers’ Compensation Board was for a reason other than a failure by any person, including for greater certainty by the Concessionaire, to discharge the duties as a Prime Contractor under the Workers Compensation Act (British Columbia) or the OHS Regulation; (iii) the Concessionaire has not entered into a contract with any person, including any Principal Contractor or Subcontractor, under which that person has agreed to be the Prime Contractor in connection with the Project or any part of the Project Site and, for greater certainty, nothing in this subsection prevents the Concessionaire from entering into such arrangements as are appropriate to fulfil its obligations as the Prime Contractor; (iv) the Concessionaire indemni...
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Related to Refusal to Recognize Concessionaire as Prime Contractor

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