Failure to Maintain Schedule. (a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time: (i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or (ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software; (iii) Contracting Authority is of the opinion that: (A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule; (B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date; (C) Project Co will not achieve Substantial Completion by the Longstop Date; or (D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required: (iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier: (A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that: (I) its title shall be “Recovery Works Schedule”, and (II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or (III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to: (I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or (II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 2 contracts
Sources: Project Agreement, Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority SMH is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial one or more Phase Completions by the applicable Phase Completion Dates;
(C) Project Co will not achieve Tower Interim Completion by the Scheduled Substantial Tower Interim Completion Date;; or
(CD) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be requiredshall:
(iviii) within 5 Business Days of receiptreceipt of notice from SMH, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority SMH Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, reasons for the delay; and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve the applicable Phase Completion(s) by the relevant Phase Completion Date(s);
(II) achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date;
(III) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date,
(C) a revised Works Schedule incorporating the measures required to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii)(B) and approved by the SMH Representative; and
(iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii)(iii)(B) and approved by the SMH Representative.
(b) Project Co shall notify the SMH Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) For greater certainty, provided that Project Co has complied with this Section 13.4 and is not in default under Section 34.1(a)(iii), the failure to achieve a Phase Completion by the applicable Scheduled Phase Completion Date or Tower Interim Completion by the Scheduled Tower Interim Completion Date on its own shall not be a Project Co Event of Default.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(C), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 10 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article Section 31, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone, including a Phase Completion by the applicable Scheduled Phase Completion Date; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial a Phase Completion by the applicable Scheduled Substantial Phase Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(D) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(D), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Consultant:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 19 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve each Phase Completion by the applicable Scheduled Phase Completion Date;
(II) achieve the applicable requirements for Milestone Payments by the applicable Scheduled Milestone Payment Completion Dates;
(III) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority College is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;; or
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) , the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority College may give Notice notice to Project Co and Project Co shall be requiredshall:
(iviii) within 5 Business Days of receiptreceipt of notice from the College, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority College Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, reasons for the delay; and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(C) a revised Works Schedule incorporating the measures required to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii); and
(iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii) and approved by the College Representative.
(b) Project Co shall notify the College Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) In any of the circumstances set out in Sections 13.4(a)(i) and 13.4(a)(ii), the College may, in its sole discretion, give notice to the Lenders’ Agent pursuant to Section 13 of the Lenders’ Direct Agreement that the College has delivered notice to Project Co pursuant to Section 13.4(a)(ii) of this Agreement, together with the relevant information support the College’s reasons for delivering such notice to Project Co.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article Section 31, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Key Works Milestone or Primary Works Milestone; or;
(ii) the actual progress of the Works has fallen significantly behind the current Recovery Schedule, if applicable;
(iii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;; or
(iiiiv) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule or the current Recovery Schedule, if applicable;
(B) Project Co will not achieve an Interim Completion by the applicable Scheduled Interim Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(CD) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to then Project Co and Project Co shall be requiredshall:
(ivv) within 5 five Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), after receipt of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 10 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the and which Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(IIV) achieve the applicable Interim Completion by the applicable Scheduled Interim Completion Date;
(V) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIVI) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date,
(B) a report (the “Recovery Schedule Report”) which shall comply with all requirements of a Works Schedule Progress Report as set out in Section 9 of Schedule 12 – Works Scheduling Requirements except that:
(I) its title shall be “Recovery Schedule Report”;
(II) the Recovery Schedule Report shall describe in narrative form:
(i) all variances between the Works Schedule and the Recovery Schedule, or, if applicable, between the current Recovery Schedule and a new Recovery Schedule; and
(ii) if applicable, the reasons for the delay and/or changes to the implementation strategy together with a description of the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to Project Co, i. achieving the applicable Interim Completion by the applicable Scheduled Interim Completion Date;
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 40, if, at any time:time:
(i) the actual progress of the Works Design and Construction Works, including, without limitation, the Milestones, the 2017 Readiness Work or the Highway Work has significantly fallen behind the Baseline Works Schedule or a Recovery Works Highway Construction Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestonerespectively; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority City is of the opinion that:that:
(A) the actual progress of the Works Design and Construction Works, including, without limitation, the 2017 Readiness Work has significantly fallen behind the Current Progress Works Schedule;; or Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 99 CAN: 26350049.2 BD-#30398459-v2
(B) Project Co will not achieve 2017 Readiness by the 2017 Readiness Date, Substantial Completion of the Highway Work by the Highway Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion , Revenue Service Availability by the Required Revenue Service Availability Date or Revenue Service Availability by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iviii) within 5 Business Days of receipt, or within one month in receipt of notice from the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting AuthorityCity, to produce and deliver to each of the Contracting Authority City Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, reasons for the delay; and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve 2017 Readiness by the 2017 Readiness Date, Substantial Completion of the Highway Work by the Highway Scheduled Substantial Completion Date or Revenue Service Availability by the Required Revenue Service Availability Date, as applicable; or
(II) if Substantial Completion Revenue Service Availability will not be achieved by the Scheduled Substantial Completion Required Revenue Service Availability Date, achieve Substantial Completion Revenue Service Availability by the Longstop Date; and
(iv) to bring the progress of the Design and Construction Works, including, without limitation, the 2017 Readiness Work or the Highway Work, as applicable, back on schedule in accordance with the plan delivered under Section 22.3(a)(iii)(B) and approved by the City Representative.
(b) Project Co shall notify the City Representative if, at any time, the actual progress of the Design and Construction Works, including, without limitation, the 2017 Readiness Work or the Highway Work is significantly ahead of the Works Schedule or the Highway Construction Schedule, respectively.
(c) Provided that Project Co has complied with this Section 22.3 and is not in default under Section 45.1(a)(iii), for greater certainty, the failure to achieve: (i) 2017 Readiness by the 2017 Readiness Date; (ii) Substantial Completion of the Highway Work by the Highway Scheduled Substantial Completion Date; (iii) Revenue Service Availability by the Required Revenue Service Availability Date; (iv) Milestone Acceptance by the relevant Scheduled Milestone Acceptance Date; (v) Substantial Completion by the Scheduled
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Phase Completion by the Scheduled Substantial Phase Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Scheduled Substantial Completion Date; oror
(D) Project Co will not achieve Substantial Completion by the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works ScheduleLongstop Date, Contracting Authority may give Notice notice to Project Co and Project Co shall be requiredshall:
(iviii) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), receipt of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) reasons for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, ordelay;
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Phase Completion by the Scheduled Phase Completion Date;
(II) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(C) a revised Works Schedule incorporating the measures required to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii)(B); and
(iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii)(B) and approved by the Contracting Authority Representative.
(b) Project Co shall notify the Contracting Authority Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) For greater certainty, provided that Project Co has complied with this Section 13.4 and is not in default under Section 34.1(a)(iii), the failure to achieve Phase Completion by the Scheduled Phase Completion Date or Substantial Completion by the Scheduled Substantial Completion Date on its own shall not be a Project Co Event of Default.
(d) In any of the circumstances set out in Sections 13.4(a)(i) and 13.4(a)(ii), Contracting Authority may, in its sole discretion, give notice to the Lenders’ Agent pursuant to Section 13 of the Lenders’ Direct Agreement that Contracting Authority has delivered notice to Project Co pursuant to Section 13.4(a)(ii) of this Project Agreement, together with the relevant information supporting Contracting Authority’s reasons for delivering such notice to Project Co.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 37, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority ▇▇▇▇▇ is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;; or
(B) Project Co will not achieve Substantial Completion one or more Phase Completions by the Scheduled Substantial applicable Phase Completion Date;Dates; or
(C) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iviii) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), receipt of Notice notice from Contracting Authority▇▇▇▇▇, to produce and deliver to each of the Contracting Authority Osler Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) reasons for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, ordelay;
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve the applicable Phase Completion(s) by the relevant Phase Completion Date(s);
(II) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(C) a revised Works Schedule incorporating the measures required to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 20.3(a)(iii) and approved by the Osler Representative; and
(iv) to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 20.3(a)(iii)(B) and approved by the Osler Representative.
(b) Project Co shall notify the Osler Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) For greater certainty, provided that Project Co has complied with this Section 20.3 and is not in default under Sections 42.1(a)(ii) or 42.1(a)(iii), the failure to achieve a Phase Completion by the applicable Scheduled Phase Completion Date or Substantial Completion by the Scheduled Substantial Completion Date on its own shall not be a Project Co Event of Default.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 32, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Key Works Milestone or Primary Works Milestone; or;
(ii) the actual progress of the Works has fallen significantly behind the current Recovery Schedule, if applicable;
(iii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;; or
(iiiiv) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule or the current Recovery Schedule, if applicable;
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to then Project Co and Project Co shall be requiredshall:
(ivv) within 5 five Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), after receipt of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 11 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the and which Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(IIV) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date,
(B) a report (the “Recovery Schedule Report”) which shall comply with all requirements of a Works Schedule Progress Report as set out in Section 10 of Schedule 12 – Works Scheduling Requirements except that:
(I) its title shall be “Recovery Schedule Report”;
(II) the Recovery Schedule Report shall describe in narrative form:
(i) all variances between the Works Schedule and the Recovery Schedule, or, if applicable, between the current Recovery Schedule and a new Recovery Schedule; and
(ii) if applicable, the reasons for the delay and/or changes to the implementation strategy together with a description of the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to Project Co;
i. achieving Substantial Completion by the Scheduled Substantial Completion Date; or
ii. achieving Substantial Completion by the Longstop Date, as applicable; and
(C) a revised Works Schedule Assumptions Report detailing the assumptions used to generate the Recovery Schedule being submitted; and
(vi) bring the progress of the Works back on schedule in accordance with the deliverables provided for in Section 13.3(a)(v) and approved by the Contracting Authority Representative.
(b) Project Co shall notify the Contracting Authority Representative if, at any time Project Co is aware of any development relating to the Project that may reasonably be expected to affect,
(i) Project Co’s ability to achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(ii) the functionality or the cost of the Project.
(c) Project Co shall notify the Contracting Authority Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(d) Contracting Authority may, acting reasonably, give Notice to the Lenders’ Agent pursuant to Section 15 of the Lenders’ Direct Agreement that Project Co is failing to maintain the schedule, together with the relevant information supporting Contracting Authority’s opinion that Project Co is failing to maintain the schedule.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone, including Interim Completion by the Interim Completion Date; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Interim Completion by the Scheduled Substantial Interim Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(D) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(D), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Interim Completion by the Scheduled Interim Completion Date;
(II) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software; or
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Completion one or more Phase Completions by the Scheduled Substantial applicable Phase Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(D) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:,
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(D), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(B) (I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority JBH is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial one or more Phase Completions by the applicable Phase Completion Dates;
(C) Project Co will not achieve Tower Interim Completion by the Scheduled Substantial Tower Interim Completion Date;; or
(CD) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be requiredshall:
(iviii) within 5 Business Days of receiptreceipt of notice from JBH, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority JBH Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, reasons for the delay; and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) completion of the Works Milestones;
(II) achieve the applicable Phase Completion(s) by the relevant Phase Completion Date(s);
(III) achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date;
(IV) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(iv) bring the progress of the Works back on schedule in accordance with the plan delivered under Section 13.4(a)(iii) and approved by the JBH Representative.
(b) Project Co shall notify the JBH Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) For greater certainty, provided that Project Co has complied with this Section 13.4 and is not in default under Section 34.1(a)(iii), the failure to achieve a Phase Completion by the applicable Scheduled Phase Completion Date or Tower Interim Completion by the Scheduled Tower Interim Completion Date on its own shall not be a Project Co Event of Default.
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 39, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) Contracting Authority Ministry is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;; or
(B) Project Co will not achieve Phase One Substantial Completion by the Scheduled Phase One Substantial Completion Date;
(C) Project Co will not achieve Date or Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iviii) within 5 10 Business Days of receipt, or within one month in receipt of notice from the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting AuthorityMinistry, to produce and deliver to each of the Contracting Authority Ministry Representative and the Independent Certifier:Certifier:
(A) a schedule (report identifying the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, reasons for the delay; and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, a plan showing the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Phase One Substantial Completion by the Scheduled Phase One Substantial Completion Date; or
(II) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
(iv) to bring the progress of the Works back on schedule in accordance with the plan delivered under Section 22.3(a)(iii)(B) and approved by the Ministry Representative.
(b) Project Co shall notify the Ministry Representative if, at any time, the actual progress of the Works is significantly ahead of the Works Schedule.
(c) Provided that Project Co has complied with this Section 22.3 and is not in default under Section 44.1(a)(iii), for greater certainty, the failure to achieve Phase One Substantial Completion by the Scheduled Phase One Substantial Completion Date or Substantial Completion by the Scheduled Substantial Completion Date shall not be a Project Co Event of Default for the purposes of Section 44.1(a)(v).
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 32, if, at any time:time:
(i) the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Key Works Milestone or Primary Works Milestone; or;
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works ScheduleSchedule , using Project Co’s scheduling software;software; or
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve the requirements for Milestone Payment Completion for the First Milestone Payment by the Scheduled First Milestone Payment Completion Date, or Project Co will not achieve the requirements for Milestone Payment Completion for the Second Milestone Payment by the Scheduled Second Milestone Payment Completion Date;
(C) Project Co will not achieve Interim Completion by the Scheduled Interim Completion Date;
(D) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(CE) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DF) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, then Contracting Authority may give Notice to Project Co and Project Co shall be requiredshall:
(iv) within 5 five Business Days of receiptDays, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), 13.3(a)(iii)(F) after receipt of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 10 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(IIV) achieve the requirements for Milestone Payment Completion for the First Milestone Payment by the Scheduled First Milestone Payment Completion Date or the requirements for Milestone Payment Completion for the Second Milestone Payment by the Scheduled Second Milestone Payment Completion Date;
(V) achieve Interim Completion by the Scheduled Interim Completion Date;
(VI) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIVII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date;
(B) a report (the “Recovery Schedule Report”) which shall comply with all requirements of a Works Schedule Progress Report as set out in Section 9 of Schedule 12 – Works Scheduling Requirements except that:
(I) its title shall be “Recovery Schedule Report”;
(II) the Recovery Schedule Report shall describe in narrative form:
(i) all variances between the Works Schedule and the Recovery Schedule, or, if applicable, between the current Recovery Schedule and a new Recovery Schedule; and
(ii) if applicable, the reasons for the delay and/or changes to the implementation strategy together with a description of the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to Project Co, i. achieving the requirements for Milestone Payment Completion for the First Milestone Payment by the Scheduled First Milestone Payment Completion Date and the requirements for Milestone Payment Completion for the Second Milestone Payment by the Scheduled Second Milestone Payment Completion Date;
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or;
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software; or
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; or
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Phase 1 Completion by the Scheduled Substantial Phase 1 Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(D) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C13.3(a)(iii)(D), of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Phase 1 Completion by the Scheduled Phase 1 Completion Date; or
(II) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 3130, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone, including a Phase Completion by the applicable Phase Completion Date or Tower Interim Completion by the Tower Interim Completion Date; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve a Phase Completion by the applicable Scheduled Phase Completion Date;
(C) Project Co will not achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date;
(D) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(CE) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DF) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(E), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve each Phase Completion by the applicable Scheduled Phase Completion Date;
(II) achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date;
(III) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(C) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(D) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(C), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(II) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31, if, at any time:time:
(i) the actual progress of the Works has significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;software;
(iii) Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Substantial Phase Completion by the Scheduled Substantial Phase Completion Date;
(C) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(D) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DE) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) within 5 Business Days of receipt, or within one month in the circumstances set forth in Sections 13.3(a)(ii13.4(a)(ii) or 13.3(a)(iii)(C13.4(a)(iii)(C), of Notice notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 11 of Schedule 12 19 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(I) achieve Phase Completion by the Scheduled Phase Completion Date;
(II) achieve the Scheduled Milestone Payment Completion Dates by the applicable Milestone Payment Completion Dates;
(III) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIIV) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date; and
Appears in 1 contract
Sources: Project Agreement
Failure to Maintain Schedule.
(a) Without limiting any other provision of this Project Agreement but subject to Article 31Section 32, if, at any time:
(i) time: the actual progress of the Works has fallen significantly fallen behind the Baseline Works Schedule or a Recovery Works Schedule, as applicable, including, for clarity, any failure of Project Co to achieve a Key Works Milestone or Primary Works Milestone; or
(ii) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, using Project Co’s scheduling software;
(iii) software; or Contracting Authority is of the opinion that:that:
(A) the actual progress of the Works has fallen significantly fallen behind the Current Progress Works Schedule;
(B) Project Co will not achieve Handover of the [REDACTED] by the
(C) Project Co will not achieve Handover of the Kipling Bus Terminal Essential Components by the Kipling Bus Terminal Scheduled Handover Date;
(D) Project Co will not achieve Substantial Completion by the Scheduled Substantial Completion Date;
(CE) Project Co will not achieve Substantial Completion by the Longstop Date; oror
(DF) the revised implementation strategy, forecast dates for future activities or staging has changed to the extent that it is no longer practical to compare the Current Progress Works Schedule to the Baseline Works Schedule or the current Recovery Works Schedule, then Contracting Authority may give Notice to Project Co and Project Co shall be required:
(iv) shall: within 5 five Business Days of receiptDays, or within one month in the circumstances set forth in Sections 13.3(a)(ii) or 13.3(a)(iii)(C), 13.3(a)(iii)(F) after receipt of Notice from Contracting Authority, to produce and deliver to each of the Contracting Authority Representative and the Independent Certifier:Certifier:
(A) a schedule (the “Recovery Works Schedule”) which shall comply with all requirements of a Progress Works Schedule as set out in Section 8 10 of Schedule 12 – Works Schedule Scheduling Requirements, except that:
(I) its title shall be “Recovery Works Schedule”, and
(II) for the first Recovery Works Schedule, the Baseline Works Schedule baseline shall be shown in the Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the Baseline Works Schedule and the first Recovery Works Schedule, or
(III) for subsequent Recovery Works Schedules, if applicable, the current Recovery Works Schedule baseline shall be shown in the new Recovery Works Schedule using the scheduling software’s baseline functionality to visually indicate the variance between the current Recovery Works Schedule and the new Recovery Works Schedule, (B) and, if applicable, the Recovery Works Schedule shall show the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to:
(IIV) achieve Handover of the [REDACTED] by the [REDACTED] Scheduled Handover Date;
(V) achieve Handover of the Kipling Bus Terminal Essential Components by the Kipling Bus Terminal Scheduled Handover Date;
(VI) achieve Substantial Completion by the Scheduled Substantial Completion Date; or
(IIVII) if Substantial Completion will not be achieved by the Scheduled Substantial Completion Date, achieve Substantial Completion by the Longstop Date,
(B) a report (the “Recovery Schedule Report”) which shall comply with all requirements of a Works Schedule Progress Report as set out in Section 9 of Schedule 12 – Works Scheduling Requirements except that:
(I) its title shall be “Recovery Schedule Report”;
(II) the Recovery Schedule Report shall describe in narrative form:
(i) all variances between the Works Schedule and the Recovery Schedule, or, if applicable, between the current Recovery Schedule and a new Recovery Schedule; and
(ii) if applicable, the reasons for the delay and/or changes to the implementation strategy together with a description of the new strategy or steps that are to be taken by Project Co to eliminate or reduce the delay to Project Co, i. achieving Handover of the [REDACTED] by the
Appears in 1 contract
Sources: Project Agreement