Common use of Reinstatement Plan Clause in Contracts

Reinstatement Plan. If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 or in any other case where the Province, 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 Total Completion Date and the Province considers that the continued application of the Design and 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 Province, 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 Province, 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 Province’s Representative pursuant to the Consent Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof); (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (f) Project Co’s proposal for any related amendment to the Traffic Management Plan required in connection with the execution of the Reinstatement Work; and except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province in accordance with the Consent Procedure.

Reinstatement Plan. If all or any part of the Project Infrastructure or the Project Site is damaged or destroyeddestroyed prior to the Substantial Completion Date, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 or in any other case where the Province, 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 Total Completion Date and if the Province considers that the continued application of the Design and Construction Certification Procedure Procedures 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 Province, 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 Province, 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 Province’s Representative for acceptance, acting reasonably, pursuant to the Consent Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia:all aspects of Project Co’s plan for carrying out the Reinstatement Work, including (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof); (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (f) Project Co’s proposal for any related amendment to the Traffic Management Plan required in connection with the execution of the Reinstatement Work; and except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province in accordance with the Consent Procedure.

Reinstatement Plan. If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated likely to cost more than $10,000,000 or in any other case where the Province, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required 10 Million (excluding where the damage or destruction occurs before the Total Completion Date and the Province considers that the continued application of the Design and Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Planindex linked), 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 Province, as the case may be, (or if, with the exercise of all due diligence, 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 Province, 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 ProvinceCity’s Representative pursuant to the Consent Procedure Schedule 2 [Submittal Review Procedure] a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof)destruction; (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected accompanied by a third party, proposed revision to the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project then-current Construction Schedule], as applicable); and (fc) Project Co’s proposal for any related amendment the information required pursuant to the Traffic Management Plan required in connection with the execution of the Reinstatement WorkSchedule 13 [Changes] as if such plan were a Change Estimate; and except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the City’s Representative consents thereto in accordance with Schedule 2 [Submittal Review Procedure] except to the extent necessary to address any Emergency or public safety needs. Project Co shall cause the Reinstatement Plan has been accepted by the Province Work to be carried out in accordance with the Consent Design and Construction Requirements and all other applicable requirements under this Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the City’s Representative in accordance with Schedule 2 [Submittal Review Procedure]. If requested by the City’s Representative, the Persons (and if applicable, a suitable parent entity thereof acceptable to the City) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition of their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co in a form that is satisfactory to the City, acting reasonably, and a direct agreement with the City in substantially the same form as the applicable Collateral Agreement.

Reinstatement Plan. If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 (index linked) or in any other case where the Province’s Representative, having regard to the nature of the damage or destruction, notifies Project Co the Concessionaire that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Total Completion Date and the Province Province’s Representative acting reasonably considers that the continued application of the Design and Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co the Concessionaire 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 Province’s 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 Province’s Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co the Concessionaire exercises and continues to exercise all such due diligence) submit to the Province’s Representative pursuant to the Consent Procedure a plan (a “Reinstatement Plan”) prepared by Project Co the Concessionaire for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof); (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co the Concessionaire from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co the Concessionaire is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co the Concessionaire pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co the Concessionaire to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co the Concessionaire to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project Cothe Concessionaire’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, and the procurement procedure which Project Co the Concessionaire proposes to implement to procure the execution of the Reinstatement Work (which procurement procedure must, in any circumstances in which the Province is required to pay in accordance with the terms of this Agreement, or may otherwise agree to pay, for all or any part of the Reinstatement Work, provided thatcomply with applicable Provincial public procurement policies and requirements and, if required by the Province Province’s Representative in order to comply with such applicable Competitive Procurement RequirementsProvincial public procurement policies and requirements, the execution of the Reinstatement Work shall must be procured through a competitive procedure designated by the Province Province’s Representative and conducted under the supervision of the Province’s Representative); (e) Project Coif the damage or destruction occurs prior to the Total Completion Date, the Concessionaire’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (f) Project Cothe Concessionaire’s proposal for any related amendment to the Traffic Management Plan required in connection with the execution of the Reinstatement Work; and the Reinstatement Work must not be commenced until the Province’s Representative consents thereto in accordance with the Consent Procedure except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province in accordance with the Consent Procedure.

Reinstatement Plan. (a) If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 (index linked) or in any other case where the ProvinceMinistry 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 Total Final Completion Date and the Province Ministry Representative acting reasonably considers that the continued application of the Design and 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 ProvinceMinistry Representative, as the case may be, (or if, with the exercise of all due diligence, 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 ProvinceMinistry 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 Province’s Ministry Representative pursuant to the Consent Schedule 9 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (ai) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof)destruction; (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (cii) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (fiii) Project Co’s proposal for any related amendment the information required pursuant to the Traffic Management Plan required in connection with the execution of the Reinstatement WorkSchedule 19 - Variations as if such plan were an Estimate; and except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province Ministry Representative consents thereto in accordance with Schedule 9 - Review Procedure except to the Consent Procedureextent necessary to address any Emergency or public safety needs.

Reinstatement Plan. (a) If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 (index linked) or in any other case where the ProvinceCity 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 Total Final Completion Date and the Province City Representative acting reasonably considers that the continued application of the Design and 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 ProvinceCity Representative, as the case may be, (or if, with the exercise of all due diligence, 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 ProvinceCity 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 Province’s City Representative pursuant to the Consent 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: (ai) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof)destruction; (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (cii) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (fiii) Project Co’s proposal for any related amendment the information required pursuant to the Traffic Management Plan required in connection with the execution of Schedule 22 − Variation Procedure as if such plan were an Estimate; and the Reinstatement Work; and Work must not be commenced until the City Representative consents thereto in accordance with Schedule 10 − Review Procedure except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province in accordance with the Consent Procedure.

Reinstatement Plan. (a) If all or the Commonwealth receives an Election to Reinstate, then: (i) the Commonwealth must either: (A) request any part changes to the Proposed Reinstatement Plan that it considers (acting reasonably) are in the best long-term financial interests of electricity customers in the Relevant Jurisdiction; or (B) approve the Proposed Reinstatement Plan, provided that if the Commonwealth does not request any changes to the Proposed Reinstatement Plan within 30 Business Days after receipt of the Project Infrastructure or Election to Reinstate, then the Project Site is damaged or destroyed, in addition Commonwealth will be taken to have approved the Proposed Reinstatement Plan; and (ii) if the Commonwealth requests any changes to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 or in any other case where the Province, having regard to the nature of the damage or destruction, notifies Project Co that a Proposed Reinstatement Plan is required in accordance with subparagraph (excluding where the damage or destruction occurs before the Total Completion Date and the Province considers that the continued application of the Design and Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plana)(i)(A), Project Co shall, as soon as practicable and in any event then: (A) within 20 Business Days after the occurrence of Commonwealth’s request, Project Operator must provide an amended Proposed Reinstatement Plan to the damage or destruction or receipt of notification from the Province, as the case may be, Commonwealth; and (or if, with the exercise of all due diligence, more than B) within 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 Province, 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 ProvinceOperator’s Representative pursuant to the Consent Procedure a plan (a “amended Proposed Reinstatement Plan”, the Commonwealth must (acting reasonably) prepared by Project Co for carrying out approve or reject the amended Proposed Reinstatement Work setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof);Plan. (b) an estimate of Without limitation, it will be unreasonable for the cost Commonwealth to carry out request changes to the Proposed Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation;Plan if it: (ci) Project Co’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with prepared in accordance with the provisions requirements of Schedule 3 [Project Schedule]this agreement; (ii) identifies an express date for the completion of the reinstatement, which is as applicable)soon as reasonably practicable after the Major Casualty Event occurred; and (fiii) demonstrates that Project Co’s proposal for any related amendment Operator will be able to reinstate the Project to the Traffic Management Plan required condition it was in connection with the execution of the Reinstatement Work; and except immediately prior to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted Major Casualty Event (applying Good Industry Practice) by the Province in accordance with the Consent Procedurethat date.

Reinstatement Plan. If all or any part of the Project Infrastructure or the Project Site is damaged or destroyed, in addition to the requirements of Section 8.6 [Termination for Force Majeure Event] or Section 8.7 [Termination for Damage or Destruction], if the Reinstatement Work is reasonably estimated likely to cost more than $10,000,000 or in any other case where the Province, 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 Total Completion Date and the Province considers that the continued application of the Design and Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Planindex linked), Project Co Design-Builder 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 Province, as the case may be, (or if, with the exercise of all due diligence, 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 Province, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co Design-Builder exercises and continues to exercise all such due diligence) submit to the Province’s City Representative pursuant to the Consent Procedure Schedule 2 [Submittal Review Procedure] a plan (a “Reinstatement Plan”) prepared by Project Co Design-Builder for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof)destruction; (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project CoDesign-Builder’s proposed schedule for the execution of the Reinstatement Work; (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected accompanied by a third party, proposed revision to the procurement procedure which Project Co proposes to implement to procure the execution of the Reinstatement Work, provided that, if required by the Province in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province and conducted under the supervision of the Province; (e) Project Co’s proposal for any amended Project Schedule and/or Works Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project then-current Construction Schedule], as applicable); and (fc) Project Co’s proposal for any related amendment the information required pursuant to the Traffic Management Plan required in connection with the execution of the Reinstatement WorkSchedule 13 [Changes] as if such plan were a Change Estimate; and except to the extent necessary to address any emergency or public safety needs, the Reinstatement Work must not be commenced until the City Representative consents thereto in accordance with Schedule 2 [Submittal Review Procedure] except to the extent necessary to address any Emergency or public safety needs. Design-Builder shall cause the Reinstatement Plan has been accepted by the Province Work to be carried out in accordance with the Consent Design and Construction Requirements and all other applicable requirements under this Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the City Representative in accordance with Schedule 2 [Submittal Review Procedure]. If requested by the City Representative, the Persons (and if applicable, a suitable parent entity thereof acceptable to the City) retained by Design-Builder to design and carry out any Reinstatement Work shall, as a condition of their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Design-Builder in a form that is satisfactory to the City, acting reasonably, and a direct agreement with the City in a form that is satisfactory to the City, acting reasonably.

Reinstatement Plan. ‌ If all or any part of the Project Infrastructure or the Project Site that is required to be insured under the Required Insurances is damaged or destroyeddestroyed prior to the Substantial Completion Date, in addition to the requirements of Section 8.6 9.6 [Termination for Force Majeure Event] or Section 8.7 9.7 [Termination for Damage or Destruction], and if the Reinstatement Work is reasonably estimated to cost more than $10,000,000 10,000,000.00 or in any other case where the Province’s Representative, having regard to the nature of the damage or destruction, notifies Project Co the Primary Contractor that a Reinstatement Plan is required (excluding where required, the damage or destruction occurs before the Total Completion Date and the Province considers that the continued application of the Design and Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co Primary Contractor 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 Province’s 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 Province’s Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co the Primary Contractor exercises and continues to exercise all such due diligence) ), submit to the Province’s Representative for acceptance, acting reasonably, pursuant to the Consent Procedure a plan (a “Reinstatement Plan”) prepared by Project Co the Primary Contractor for carrying out the Reinstatement Work Work, setting out, in reasonable detail, inter alia: (a) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction (in accordance, where applicable, with any Province Change issued in respect thereof); (b) an estimate of the cost to carry out the Reinstatement Work and confirmation of whether or not there are sufficient funds available to Project Co from all sources, including debt, equity, letters of credit, construction or other security, insurance proceeds, deductibles for which Project Co is responsible in accordance with this Agreement, recourse against third parties, amounts required to be paid by the Province to Project Co pursuant to Section 8.3(b) or otherwise under this Agreement, but without imposing any obligation on Project Co to obtain any new debt or equity in order to carry out the Reinstatement Work, to allow Project Co to complete the Reinstatement Work while meeting its payment and other obligations under the Senior Lending Agreements, together with reasonable supporting documentation; (c) Project Cothe Primary Contractor’s proposed schedule for the execution of the Reinstatement Work;Work;‌ (d) the proposed terms upon which the Reinstatement Work is to be effected and, if the Reinstatement Work is to be effected by a third party, the procurement procedure which Project Co the Primary Contractor proposes to implement to procure the execution of the Reinstatement Work, Work (provided that, if required by the Province Province’s Representative in order to comply with applicable Competitive Procurement Requirements, the execution of the Reinstatement Work shall be procured through a competitive procedure designated by the Province Province’s Representative and conducted under the supervision of the Province’s Representative); (e) Project Cothe Primary Contractor’s proposal for any amended amendments to the Project Schedule and/or Works and Construction Schedule necessary to accommodate the proposed schedule for the execution of the Reinstatement Work (which proposal shall be dealt with in accordance with the provisions of Schedule 3 [Project Schedule], as applicable); and (f) Project Cothe Primary Contractor’s proposal for any related amendment to the Traffic Management Plan required in connection with the execution of the Reinstatement Work; , and except to the extent necessary to address any emergency or public safety needs, needs the Reinstatement Work must not be commenced until the Reinstatement Plan has been accepted by the Province Province’s Representative in accordance with the Consent Procedure.