Common use of Deviation from Designs and Plans Prohibited Clause in Contracts

Deviation from Designs and Plans Prohibited. Subject to any Change Order, designs and plans submitted to the Province in accordance with this Design and Plan Certification and Review Procedure and incorporated into either Schedule 3 or Schedule 4 to the DBFO Agreement shall not be departed from in the construction of the Project or the performance of the O&M. However, in the event that the Contractor proposes that a deviation from designs and plans forming either Schedule 3 or Schedule 4 is required due to unforeseen circumstances beyond the Contractor’s control or that meet the Technical Requirements, then the parties shall first use reasonable commercial efforts to resolve the issue of the proposed deviation through negotiation, failing which either the Contractor or the Province may refer the matter to the Project Adjudicator pursuant to Section 4 below.