Common use of Replacement of Subcontractor Clause in Contracts

Replacement of Subcontractor. The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R (the “M&R Subcontractor”), a replacement M&R Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R Subcontractor is replaced either by the Contractor or pursuant to this Agreement, then provided that: (a) the replacement M&R Subcontractor is at arm’s length from the replaced M&R Subcontractor; and (b) the M&R Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R Subcontractor.

Replacement of Subcontractor. The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R O&M (the “M&R O&M Subcontractor”), a replacement M&R O&M Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R O&M Subcontractor is replaced either by the Contractor or pursuant to this the Direct Lender Agreement, then provided that: (a) the replacement M&R O&M Subcontractor is at arm’s length from the replaced M&R O&M Subcontractor; and (b) the M&R O&M Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R O&M Subcontractor.

Replacement of Subcontractor. The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R O&M (the “M&R O&M Subcontractor”), a replacement M&R O&M Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R O&M Subcontractor is replaced either by the Contractor or pursuant to this Agreement, then provided that: (a) the replacement M&R O&M Subcontractor is at arm’s length from the replaced M&R O&M Subcontractor; and (b) the M&R O&M Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM DBFO Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R O&M Subcontractor.

Replacement of Subcontractor. The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R O&M (the “M&R O&M Subcontractor”), a replacement M&R O&M Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R O&M Subcontractor is replaced either by the Contractor or pursuant to this the Direct Lender Agreement, then provided that: (a) the replacement M&R O&M Subcontractor is at arm’s length from both the Contractor and the replaced M&R O&M Subcontractor; and (b) the M&R O&M Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R O&M Subcontractor.

Replacement of Subcontractor. ‌ The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R (the “M&R Subcontractor”), a replacement M&R Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R Subcontractor is replaced either by the Contractor or pursuant to this the Direct Lender Agreement, then provided that: (a) the replacement M&R Subcontractor is at arm’s length from the replaced M&R Subcontractor; and (b) the M&R Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R Subcontractor.

Replacement of Subcontractor. ‌ The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R O&M (the “M&R O&M Subcontractor”), a replacement M&R O&M Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R O&M Subcontractor is replaced either by the Contractor or pursuant to this AgreementContractor, then provided that: (a) the replacement M&R O&M Subcontractor is at arm’s length from the replaced M&R O&M Subcontractor; and (b) the M&R O&M Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R O&M Subcontractor.

Replacement of Subcontractor. ‌ The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R O&M (the “M&R O&M Subcontractor”), a replacement M&R O&M Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R O&M Subcontractor is replaced either by the Contractor or pursuant to this the Direct Lender Agreement, then provided that: (a) the replacement M&R O&M Subcontractor is at arm’s length from the replaced M&R O&M Subcontractor; and (b) the M&R O&M Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R O&M Subcontractor.

Replacement of Subcontractor. The Province acknowledges that where it becomes necessary for the Contractor to replace the subcontractor performing the M&R (the “M&R Subcontractor”), a replacement M&R Subcontractor can most efficiently be procured only if the consequences of future Payment Adjustments are “reset” to zero. Accordingly, where the M&R Subcontractor is replaced either by the Contractor or pursuant to this the Direct Lender Agreement, then provided that: (a) the replacement M&R Subcontractor is at arm’s length from the replaced M&R Subcontractor; and (b) the M&R Subcontractor has not previously been replaced more than once in the immediately preceding five year period; the first circumstance thereafter giving rise to a Payment Adjustment shall be deemed to be the first Payment Adjustment under the DBFM this Agreement. Nothing in this Section shall operate to relieve the Contractor against any Payment Adjustments arising prior to the replacement of the M&R Subcontractor.