Common use of O&M Requirements Clause in Contracts

O&M Requirements. The O&M Requirements may be modified only by amendment of the O&M Requirements made in accordance with Section 7.2. If the Contractor asserts that any aspect of the O&M Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the O&M Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the O&M Requirements, and shall indemnify the Contractor against any claims by third parties (including the reasonable cost of defending such third party claims, on a solicitor and client basis) for personal injuries or property damage to the extent that the Province has agreed with the Contractor, or a Court has determined, that such injury or damage was caused or contributed to by a failure of the O&M Requirements to be adequate and suitable.

Appears in 2 contracts

Sources: Design, Build, Finance and Operate Agreement, Dbfo Agreement

O&M Requirements. The O&M Requirements may be modified only by amendment of the O&M Requirements made in accordance with Section 7.2. If the Contractor asserts that any aspect of the O&M Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the O&M Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the O&M Requirements, and shall indemnify the Contractor against any claims by third parties (including the reasonable cost of defending such third party claims, on a solicitor and client basis) for personal injuries or property damage to the extent that the Province has agreed with the Contractor, or a Court has determined, that such injury or damage was caused or contributed to by a failure of the O&M Requirements to be adequate and suitable.

Appears in 1 contract

Sources: Design, Build, Finance and Operate Agreement