Common use of Enforcement of Contracts Clause in Contracts

Enforcement of Contracts. The MCMA acknowledges and agrees that the contracts entered into by the EPC with the Contracted Service Providers including all indemnifications, and all rights under insurance policies, shall be held by the EPC for the benefit of the MCMA and the municipal partners according to their respective interests in the Project. It is understood that the EPC as the direct party to such contracts, shall have the primary responsibility to enforce the provisions of those contracts on behalf of all parties in a manner which, in its reasonable judgement, adequately protects the rights and interests of all parties in relation to the Project. If the EPC is not prepared to enforce such contracts, the MCMA and the municipal partners shall be entitled to require the EPC to assign to the MCMA such rights under the applicable contract or contracts as are necessary to enable the MCMA to do so. In the event of such an assignment, all costs of the enforcement measures undertaken by the MCMA shall be paid by the Councils without contribution from the EPC and same shall not be considered Project Costs.