Common use of Unscheduled Maintenance Work Clause in Contracts

Unscheduled Maintenance Work. ‌ (a) If, in circumstances other than an Emergency, the need arises for maintenance work (excluding any work of a de minimis nature in respect of which this Section 16.7 does not apply) that is not scheduled to be carried out as part of the preventive maintenance (“Unscheduled Maintenance Work”), the Concessionaire shall promptly notify FBR’s Representative of the proposed commencement date, the proposed hours of work and estimated duration of the Unscheduled Maintenance Work. (b) The Concessionaire shall be entitled to perform the Unscheduled Maintenance Work at the time set out in its notice unless FBR, acting reasonably, requires the Concessionaire to defer or accelerate such Unscheduled Maintenance Work. For greater certainty, the Concessionaire shall not be entitled to recover from FBR any costs or losses incurred by Concessionaire as a consequence of any deferral or acceleration of Unscheduled Maintenance Work.

Unscheduled Maintenance Work. ‌ (a) If, in circumstances other than an Emergency, the need arises for maintenance work Maintenance Work (excluding any work of a de minimis nature in respect of which this Section 16.7 26.4 does not apply) that is not scheduled to be carried out as part of the preventive maintenance Preventive Maintenance (“Unscheduled Maintenance Work”), the Concessionaire Project Co shall promptly notify FBR’s the IO Representative of the proposed commencement date, the proposed hours of work and estimated duration of the Unscheduled Maintenance Work. (b) The Concessionaire Project Co shall be entitled to perform the Unscheduled Maintenance Work at the time set out in its notice unless FBRIO, acting reasonably, requires the Concessionaire Project Co to defer or accelerate such Unscheduled Maintenance Work. For greater certainty, the Concessionaire Project Co shall not be entitled to recover from FBR IO any costs or losses incurred by Concessionaire Project Co as a consequence of any deferral or acceleration of Unscheduled Maintenance Work, and nothing in this Section 26.4 shall prevent IO from making any adjustments to the Monthly Service Payments in accordance with Schedule 20 - Payment Mechanism.