Safety Compliance Orders.
(a) The Department may, but is not obligated to, issue Safety Compliance Orders to the Developer at any time after the Service Commencement Date; provided, that no Safety Compliance Order may in any event order or direct the Developer to do any act in violation of any Law. Compliance with a Safety Compliance Order by the Developer, to the extent it conflicts with another obligation of the Developer under this Agreement, will not be deemed a default by the Developer under the provisions of this Agreement or any other VDOT Project Agreement.
(b) The Department will use good faith efforts to inform the Developer at the earliest practicable time of any circumstance or information relating to the Project which in the Department’s reasonable judgment is likely to result in a Safety Compliance Order. Except in the case of an Emergency, the Department will consult with the Developer, prior to issuing a Safety Compliance Order concerning the risk to public or worker safety, alternative compliance measures, cost impacts and the availability of Developer resources to fund the Safety Compliance Work. The Department may, in its discretion, monitor and inspect the Project Assets at any time and from time to time for the purposes of determining whether any circumstances exist that warrant issuance of a Safety Compliance Order and giving the Department and the Developer reports and recommendations related to such matters.
(c) If the Department issues a Safety Compliance Order, the Developer will proceed, at its sole cost and expense, with the necessary environmental, design and construction Work to carry out the Safety Compliance Order as follows:
(i) if the Safety Compliance Order is of the type described in clause (a) of the definition of that term, the Developer will proceed expeditiously; and
(ii) if the Safety Compliance Order is of the type described in clause (b) of the definition of that term, the Developer will carry it out in accordance with the procedures adopted by the Department for carrying out similar work on similar portions of the State Highways.
(d) The Developer will have the right to dispute a Safety Compliance Order by providing written notice to the Department within 21 Days of the issuance of the Safety Compliance Order setting forth the Developer’s Claim that no condition exists to justify the disputed Safety Compliance Order and the Developer’s estimate of impact costs, Gross Revenues and the construction schedule, if applicable. The Developer w...
Safety Compliance Orders. (i) The Department shall use good faith efforts to inform the Development Entity at the earliest practicable time of any circumstance or information relating to the Project which in the Department’s reasonable judgment is likely to result in a Safety Compliance Order. Except in the case of an Emergency, the Department shall consult with the Development Entity prior to issuing a Safety Compliance Order concerning the risk to public or worker safety, alternative compliance measures, and cost impacts.
(ii) Subject to conducting such prior consultation, the Department may issue Safety Compliance Orders to the Development Entity at any time from and after the Commercial Closing Date.
Safety Compliance Orders. 7.3.1.1 The Authority shall use good faith efforts to inform Developer at the earliest practicable time of any circumstance or information relating to the Project which in the Authority’s reasonable judgment is likely to result in a Safety Compliance Order. Except in the case of an Emergency, the Authority shall consult with Developer prior to issuing a Safety Compliance Order concerning the risk to public or worker safety, alternative compliance measures, and cost impacts.
7.3.1.2 Subject to conducting such prior consultation, the Authority may issue Safety Compliance Orders to Developer at any time from and after the Financial Closing Date.
Safety Compliance Orders. 8.3.1.1 The Department shall use good-faith efforts to inform Xxxxxxxxx at the earliest practicable time of any circumstance or information relating to the Project which in the Department's reasonable judgment is likely to result in a Safety Compliance Order. Except in the case of an emergency, the Department shall consult with Developer prior to issuing a Safety Compliance Order concerning the risk to public or worker safety, alternative compliance measures, cost impacts, and the availability of Developer resources to fund the required Work.
8.3.1.2 Subject to conducting such prior consultation, the Department may issue Safety Compliance Orders to Developer at any time from and after the Effective Date.
Safety Compliance Orders. 8.3.1.1 The Department shall use good-faith efforts to inform Developer at the earliest practicable time of any circumstance or information relating to the Project which
8.3.1.2 Subject to conducting such prior consultation, the Department may issue Safety Compliance Orders to Developer at any time from and after the Effective Date.
Safety Compliance Orders. 12.1.1.1 GDOT shall use good faith efforts to inform DB Team at the earliest practicable time of any circumstance or information relating to the Project which in GDOT’s reasonable judgment is likely to result in a Safety Compliance Order. Except in the case of Emergency, GDOT shall consult with DB Team prior to issuing a Safety Compliance Order concerning the risk to public or worker safety, alternative compliance measures, cost impacts, and the availability of DB Team resources to fund the Safety Compliance work.
12.1.1.2 GDOT’s duties shall include monitoring and inspecting for the purpose of determining whether any circumstances exist that warrant issuance of a Safety Compliance Order with respect to the Design Work and the Construction Work, and giving reports and recommendations to the DB Team with respect thereto.
12.1.1.3 Subject to conducting such prior consultation, GDOT may issue Safety Compliance Orders to DB Team at any time from and after the Effective Date.
Safety Compliance Orders. 67 Section 12.04 Development of Other Facilities.........................................................68
Safety Compliance Orders. (a) Under the CA the Department may, but is not obligated to, issue Safety Compliance Orders to the Concessionaire; provided, that no Safety Compliance Order may in any event order or direct the Concessionaire to do any act in violation of any Law. If the Concessionaire receives a Safety Compliance Order from the Department with respect to a Project Asset that has achieved Substantial Completion but has not yet achieved Final Acceptance and such Safety Compliance Order is attributable to the failure of the DB Work to comply with the requirements of this Agreement, the Concessionaire shall promptly provide notice and a copy of the same to the DB Contractor, and the DB Contractor shall, and shall cause its Subcontractors to, comply with the same. Compliance with a Safety Compliance Order by the DB Contractor will not be deemed a default by the DB Contractor under the provisions of this Agreement, but the Concessionaire shall have all rights otherwise available under this Agreement to the extent the Safety Compliance Order results from the DB Contractor’s failure to comply with its obligations under this Agreement.
(b) To the extent the Department consults with the Concessionaire prior to issuing a Safety Compliance Order regarding matters affecting the cost or performance of the DB Work, the Concessionaire shall afford the DB Contractor a reasonable opportunity to participate in such consultation.
(c) If the Department issues a Safety Compliance Order with which the DB Contractor must comply as provided in Section 12.03(a), the DB Contractor will proceed, at its sole cost and expense, with the necessary environmental, design and construction DB Work to carry out the Safety Compliance Order as follows:
(i) if the Safety Compliance Order is of the type described in clause (a) of the definition of that term, the DB Contractor will proceed expeditiously; and
(ii) if the Safety Compliance Order is of the type described in clause (b) of the definition of that term, the DB Contractor will carry it out in accordance with the procedures adopted by the Department for carrying out similar work on similar portions of the State Highways.
(d) The DB Contractor will have the right, subject to Section 21.06, to direct the Concessionaire to dispute a Safety Compliance Order by providing written notice to the Concessionaire within 10 Days of the issuance of the Safety Compliance Order setting forth the DB Contractor’s Claim that no condition exists to justify the disputed Saf...
Safety Compliance Orders. Section 12.01.
Safety Compliance Orders. (a) The District shall use Good Faith efforts to inform the Developer at the earliest practicable time of any circumstance or information relating to the Project that in the District’s reasonable judgment is likely to result in a Safety Compliance Order and of which the District has actual knowledge with no duty to investigate.
(b) Except in the case of an Emergency, the District shall consult with the Developer prior to issuing a Safety Compliance Order concerning a risk to public or worker safety, alternative compliance measures, and cost impacts.
(c) Subject to conducting prior consultations in accordance with Section 14.2(b) (Safety Compliance Orders), the District may issue Safety Compliance Orders to the Developer at any time from and after the Commercial Closing Date.
(d) Subject to the Developer’s rights under Article 28 (Compensation Events), if the District issues a Safety Compliance Order, the Developer shall proceed, at its sole cost and expense, to carry out the Safety Compliance Order as expeditiously as reasonably possible.
