Access by Others. (a) Subject to Section 21.5(b) and Section 14.1 of Schedule 40 – Highway Work, in respect of the Highway Work only, and subject to and in accordance with Section 9.7 (to the extent applicable), Project Co shall ensure that throughout the Project Term (taking into account the Timing Principle), without prejudice to any access rights of any such person as a member of the general public or pursuant to Applicable Law: (i) any contractors, consultants or other persons authorized by the City Representative or the City, including the Other Contractors, have access to those parts of the Site, the Highway Site, the System and the Highway and as is necessary for the purpose of carrying out the Other Works; (ii) the Independent Certifier has access to the Site and the System to the extent required to perform its obligations pursuant to Schedule 6 − Independent Certifier Agreement; (iii) the inspectors and other persons authorized to act on behalf of the City have access to the Site and the Highway Site for inspection and acceptance purposes; (iv) all Other Contractors, including the owners or operators of any Third Party Facilities and their agents, have access to the Site, the Highway Site, the System Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 93 CAN: 26350049.2 BD-#30398459-v2 and the Highway at all reasonable times to perform Third Party Works and where applicable, in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law or the Utility Agreements, Railway Orders or encroachment permits, provided that, wherever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any activities within the Project Scope; (v) all Governmental Authorities and Emergency Service Providers have access to the Site, the Highway Site, the System and the Highway in order to carry out any work (including surveys and inspections) in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law and provided that, whenever consistent with the applicable requirements of such Governmental Authority, Emergency Service Providers or Applicable Law and the requirements of this Project Agreement (as the case may be), Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project Scope; (vi) any City Party (provided that for the purposes of this section, access rights for DB Co or any DB Co Party shall be as set out in the DB Co Interface Agreement), Other Contractors, owners or operators of Third Party Facilities, Governmental Authorities, Emergency Service Providers, Utility Companies, and Railway Companies are permitted to enter upon the Site, the Highway Site, the System and the Highway for the purposes of access to and from any other lands and/or facilities adjacent to or in proximity to the Site, the Highway Site, the System and the Highway owned or operated by such person or in which such person has any interest, provided that, whenever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project Scope; and (vii) with the prior authorization of the City, any of the Contribution Agreement Parties have access to the Site and/or the System. (b) In exercising their access rights under Section 21.5(a), each person referred to therein (except for Other Contractors, who shall instead comply with any instructions or procedures made by Project Co pursuant to Section 9.7) shall (except in the case of access rights described in Section 21.5(a) for the purpose of responding to an Emergency (for the purposes of this clause (b), references in the definition of “Emergency” to the City or the City Representative shall be deemed to be references to the applicable Governmental Authority or Emergency Service Provider) and except to the extent inconsistent with the applicable requirements of such Governmental Authority or Emergency Service Provider): (i) provide reasonable prior notice appropriate to the circumstances; Amended and Restated Project Agreement CONFIDENTIAL AND PROPRIETARY Page 94 CAN: 26350049.2 BD-#30398459-v2 (ii) comply with all relevant health and safety procedures and any reasonable directions with regard to health and safety that may be issued by or on behalf of the Project Co Representative from time to time; and (iii) if reasonably required by Project Co, be accompanied by a representative of Project Co or a Project Co Party.
Appears in 1 contract
Sources: Project Agreement
Access by Others. (a) Subject to Section 9.7, Section 14.1(a), Section 21.5(b) and Section 14.1 of Schedule 40 29 – Highway WorkAdditional Works and Third Party Works (in each case, in respect of the Highway Work only, and subject to and in accordance with Section 9.7 (to the extent applicable), Project Co shall ensure that throughout the Project Term (taking into account the Timing Principle)Term, without prejudice to any access rights of any such person as a member of the general public or pursuant to Applicable Law:
(i) any contractors, consultants or other persons authorized by the City Ministry Representative or the CityMinistry, including the Other Contractors, have access to those parts of the Site, the Highway Site, the System Lands and the Highway and Bypass as is necessary for the purpose of carrying out the Other Works;
(ii) the Independent Certifier has access to the Site Lands and the System Bypass to the extent required to perform its obligations pursuant to Schedule 6 − - Independent Certifier Agreement;
(iii) the inspectors and other persons authorized to act on behalf of the City Ministry have access to the Site and the Highway Site for inspection and acceptance purposes;
(iv) all Other Contractors, including the owners or operators of any Third Party Facilities and their agents, have access to the Site, the Highway Site, the System Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 93 CAN: 26350049.2 BD-#30398459-v2 Lands and the Highway Bypass at all reasonable times to perform Third Party Other Works and where applicable, in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law or the Utility Agreements, Railway Agreements, Railway Orders or encroachment permits, provided that, wherever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any activities within the Project ScopeOperations;
(v) all Governmental Authorities and Emergency Service Providers have access to the Site, the Highway Site, the System Lands and the Highway Bypass in order to carry out any work (including surveys and inspections) in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law and provided that, whenever consistent with the applicable requirements of such Governmental Authority, Emergency Service Providers or Applicable Law and the requirements of this Project Agreement (as the case may be), Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project Scope;Operations; and
(vi) any City Party (provided that for the purposes of this section, access rights for DB Co or any DB Co Party shall be as set out in the DB Co Interface Agreement)Province Person, Other Contractors, owners or operators of Third Party Facilities, Governmental Authorities, Emergency Service Providers, Utility Companies, Companies and Railway Companies are permitted to enter upon the Site, the Highway Site, the System Lands and the Highway Bypass for the purposes of access to and from any other lands and/or facilities adjacent to or in proximity to the Site, the Highway Site, the System Lands and the Highway Bypass (including any other highway) owned or operated by such person or in which such person has any interest, provided that, whenever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project Scope; and
(vii) with the prior authorization of the City, any of the Contribution Agreement Parties have access to the Site and/or the SystemOperations.
(b) In exercising their access rights under Section 21.5(a), each person referred to therein (except for Other Contractors, who shall instead comply with any instructions or procedures made by Project Co pursuant to Section 9.7) Schedule 29 shall (except in the case of access rights described in Section 21.5(a) for the purpose of responding to an Emergency (for the purposes of this clause (b), references in the definition of “Emergency” to the City Ministry or the City Ministry Representative shall be deemed to be references to the applicable Governmental Authority or Emergency Service Provider) and except to the extent inconsistent with the applicable requirements of such Governmental Authority or Emergency Service Provider):
(i) provide reasonable prior notice appropriate to the circumstances; Amended and Restated Project Agreement CONFIDENTIAL AND PROPRIETARY Page 94 CAN: 26350049.2 BD-#30398459-v2;
(ii) comply with all relevant health and safety procedures and any reasonable directions with regard to health and safety that may be issued by or on behalf of the Project Co Representative from time to time; and
(iii) if reasonably required by Project Co, be accompanied by a representative of Project Co or a Project Co Party.
Appears in 1 contract
Sources: Project Agreement
Access by Others. (a) Subject to Section 21.5(b) and Section 14.1 of Schedule 40 – Highway Work, in respect of the Highway Work only, and subject to and in accordance with Section 9.7 9.8 (to the extent applicable), Project Co shall ensure that throughout the Project Term (taking into account the Timing Principle)Term, without prejudice to any access rights of any such person as a member of the general public or pursuant to Applicable Law, that it does not restrict access to the Lands, System Infrastructure or the New Municipal Infrastructure for:
(i) any contractors, consultants or other persons authorized by the City Representative or the City, including the Other Contractors, have access to those parts of the Site, the Highway Site, the System and the Highway and as is necessary for the purpose of carrying out the Other Works;
(ii) the Independent Certifier has access to the Site and the System to the extent required to perform its obligations pursuant to Schedule 6 − – Independent Certifier Agreement;
(iiiii) the inspectors and other persons authorized to act on behalf of the City have access and any counterparty to the Site and the Highway Site a Third Party Access Agreement, for inspection and and/or acceptance purposes;
(iviii) all Other Contractors, including the owners or operators of any Third Party Facilities third party facilities and their agents, have access to the Site, the Highway Site, the System Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 93 CAN: 26350049.2 BD-#30398459-v2 and the Highway agents at all reasonable times to perform Third Party Works and where applicable, in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law or the Utility Agreements, Railway Orders or encroachment permits, provided that, wherever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any activities within the Project ScopeOperations;
(viv) all Governmental Authorities and Emergency Service Providers have access to the Site, the Highway Site, the System and the Highway in order to carry out any work (including surveys and inspections) in accordance with or to exercise any right or power or perform any duty or obligation under any Applicable Law and provided that, whenever consistent with the applicable requirements of such Governmental Authority, Emergency Service Providers or Applicable Law and the requirements of this Project Agreement (as the case may be), Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project ScopeOperations;
(viv) any City Party (provided that for the purposes of this section, access rights for DB Co or any DB Co Party shall be as set out in the DB Co Interface Agreement)Party, Other Contractors, owners or operators of Third Party Facilitiesthird party facilities, Governmental Authorities, Emergency Service Providers, Providers and Utility Companies, and Railway Companies are permitted to enter upon the Site, the Highway Site, the System and the Highway for the purposes of access to and from any other lands and/or facilities adjacent to or in proximity to the Site, the Highway SiteLands, the System and Infrastructure or the Highway New Municipal Infrastructure owned or operated by such person or in which such person has any interest, provided that, whenever consistent with the requirements of Applicable Law and the requirements of this Project Agreement, Project Co may limit such access so as to not unnecessarily impede or restrict traffic flows or any Project ScopeOperations; and
(viivi) with the prior authorization of the City, any of the Contribution Agreement Parties have access City Party to undertake emergency training in relation to the Site and/or System Infrastructure or the SystemNew Municipal Infrastructure.
(b) In exercising their Subject to Section 21.5(c), the City shall require persons accessing Site(s) on the Lands in accordance with access rights under Section 21.5(a), each person referred to therein (except for Other Contractors, who shall instead comply with any instructions or procedures made by Project Co pursuant to Section 9.7) shall (except in the case of access rights described in Section 21.5(a) for the purpose of responding to an Emergency (for the purposes of this clause (b), references in the definition of “Emergency” to the City or the City Representative shall be deemed to be references to the applicable Governmental Authority or Emergency Service Provider) and except to the extent inconsistent with the applicable requirements of such Governmental Authority or Emergency Service Provider):to:
(i) provide reasonable prior notice Notice to Project Co appropriate to the circumstances; Amended and Restated Project Agreement CONFIDENTIAL AND PROPRIETARY Page 94 CAN: 26350049.2 BD-#30398459-v2;
(ii) comply with all relevant health and safety procedures and any reasonable directions with regard to health and safety that may be issued by or on behalf of the Project Co Representative from time to time; and
(iii) if reasonably required by Project Co, be accompanied by a representative of Project Co or a Project Co Party.
(c) Section 21.5(b) shall not apply,
(i) to Additional Contractors, who shall instead comply with any instructions or procedures made by Project Co pursuant to Section 9.8;
(ii) in the case of access rights described in Section 21.5(a) for the purpose of responding to an Emergency;
(iii) for the purposes of responding to an emergency declared by the City or by a Governmental Authority; and
(iv) in circumstance where the requirements of Section 21.5(b) are inconsistent with the requirements of the applicable Governmental Authority or Emergency Service Provider.
Appears in 1 contract
Sources: Project Agreement