Common use of O&M Requirements Clause in Contracts

O&M Requirements. 14.2.1 The Concessionaire may at any time hereafter submit to the Province’s Representative in accordance with the Review Procedure any proposed revision to or substitution for the O&M Requirements (as previously varied in accordance with this Section 14.2 [O&M Requirements]) or any part thereof. If there is no objection to such proposed revision or substitution (on the grounds set out in paragraph 3.4 of Part 2 of Schedule 8 [Review Procedure]), then the O&M Requirements as so varied will, subject to Section 14.2.2, be the O&M Requirements for the purposes of this Agreement, subject to any further revision or substitution in accordance with this Section 14.2.1 to which there is no objection in accordance with the Review Procedure. A revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 will not in any way qualify or relieve the Concessionaire of its primary responsibility to comply with, satisfy and perform the O&M Output Specifications notwithstanding any review of or failure to object to the proposed revision or substitution by the Province's Representative. For greater certainty, no additional payment to the Concessionaire or adjustment to the Total Performance Payment will be made as a consequence of implementation of a revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 or Section 14.2.2. 14.2.2 If the Concessionaire becomes aware that any element of the O&M Requirements does not comply with and satisfy the O&M Output Specifications, the Concessionaire will so notify the Province’s Representative and as soon as reasonably practicable and in any event within 30 days of becoming aware of such matter the Concessionaire will propose (in accordance with Section 14.2.1) a revision to or substitution for the O&M Requirements so that they comply with and satisfy the O&M Output Specifications.

O&M Requirements. 14.2.1 The Concessionaire may at any time hereafter submit to the Province’s Representative in accordance with the Review Procedure any proposed revision to or substitution for the O&M Requirements or (as previously varied in accordance with this Section 14.2 [O&M Requirements]) or any part thereof. If there is no objection to such proposed revision or substitution (on the grounds set out in paragraph 3.4 of Part 2 of Schedule 8 [Review Procedure]), then the O&M Requirements as so varied will, subject to Section 14.2.2, be the O&M Requirements for the purposes of this Agreement, subject to any further revision or substitution in accordance with this Section 14.2.1 to which there is no objection in accordance with the Review Procedure. A revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 will not in any way qualify or relieve the Concessionaire of its primary responsibility to comply with, satisfy and perform the O&M Output Specifications notwithstanding any review of or failure to object to the proposed revision or substitution by the Province's ’s Representative. For greater certainty, no additional payment to the Concessionaire or adjustment to the Total Performance Payment Payments will be made as a consequence of implementation of a revision to or substitution for the O&M Requirements pursuant to this Section 14.2.1 or Section 14.2.2. 14.2.2 If the Concessionaire becomes aware that any element of the O&M Requirements does not comply with and satisfy the O&M Output Specifications, the Concessionaire will so notify the Province’s Representative and as soon as reasonably practicable and in any event within 30 days of becoming aware of such matter the Concessionaire will propose (in accordance with Section 14.2.1) a revision to or substitution for the O&M Requirements so that they comply with and satisfy the O&M Output Specifications.