Common use of Minor Works Clause in Contracts

Minor Works. If at any time during the Term: (a) the Province initiates a Province Change that: (i) does not require any material amendment to this Agreement (other than any specific amendment of the Project Requirements to which such Province Change relates); or (ii) will not negatively affect any date set out in the Project Schedule; and (iii) sets out in the proposal a Minor Works Valuation that, when added to the aggregate of all of the Minor Works Valuations for all of the other prior Minor Works initiated by the Province: (A) cannot reasonably be expected to exceed $10,000,000; and (B) during the current Contract Year, cannot reasonably be expected to exceed $2,000,000; or (b) Project Co establishes to the satisfaction of the Province, acting reasonably, that a Project Co Proposal initiated by Project Co under Section 7.2(a): (i) does not require any material amendment to this Agreement (other than any specific amendment of the Project Requirements to which such Project Co Proposal relates); and (ii) has a Minor Works Valuation of less than or equal to zero, then such Province Change or Project Co Proposal, as the case may be, shall be considered “Minor Works” and shall be prepared and evaluated in accordance with the provisions of Part 1 [Minor Works] of Schedule 11.

Minor Works. If at any time during the Term: (a) the Province initiates a Province Change that: (i) does not require any material amendment to this Agreement (other than any specific amendment of the Project Requirements to which such Province Change relates); or (ii) will not negatively affect any date set out in the Project Schedule; and (iii) Schedule and sets out in the proposal a Minor Works Valuation that, when added to the aggregate of all of the Minor Works Valuations for all of the other prior Minor Works initiated by the Province: (A) cannot reasonably be expected to exceed $10,000,00030,000,000; and (B) during the current Contract Year, cannot reasonably be expected to exceed $2,000,0005,000,000; or (b) Project Co establishes to the satisfaction of the Province, acting reasonably, that a Project Co Proposal initiated by Project Co under Section 7.2(a): (i) does not require any material amendment to this Agreement (other than any specific amendment of the Project Requirements to which such Project Co Proposal relates); and (ii) has a Minor Works Valuation of less than or equal to zero, then such Province Change or Project Co Proposal, as the case may be, shall be considered “Minor Works” and shall be prepared and evaluated in accordance with the provisions of Part 1 [Minor Works] of Schedule 11.