Common use of Public Use Clause in Contracts

Public Use. 3.3.1 At all times after Substantial Completion the Concessionaire will keep the Concession Highway open for public use except for Lane Closures or detours of traffic flow: 3.3.1.1 by the Concessionaire in accordance with the provisions of the Traffic Management Requirements and Section 15.3 [Lane Closures]; 3.3.1.2 by the Minister under the Transportation Act or any other Laws and Regulations; 3.3.1.3 by the Police or fire, ambulance or other emergency services authorities; and 3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement. 3.3.2 Except as may otherwise be expressly provided in this Agreement (including in the provisions relating to Compensation Events, Province Change and/or Force Majeure and/or in the definition of Excepted Closure), the Concessionaire does not have any Claim whatsoever against the Province, BCTFA, the Police or any other Governmental Authority for or in respect of any Lane Closure or detour, including any Lane Closure or detour referred to in Section 3.3.1, or as a result of the exercise of any other rights or powers or the discharge of any other duties or functions by the Province, BCTFA, the Police or any other Governmental Authority affecting the Project Facilities, the Site and the Adjacent Areas or the Graving Dock Site or any part thereof. 3.3.3 All Undertakings will be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public and the access to and use of any of the Connecting Roads or any other public or private roads or highways, whether under the control or in the possession of the Province or any other person. 3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province levies tolls: 3.3.4.1 specifically on Users for the use of some or all of the Concession Highway by a vehicle travelling on the Concession Highway; or 3.3.4.2 for the use of any of the Connecting Roads by a vehicle travelling on those Connecting Roads; will be deemed to constitute a Relevant Change in Law for purposes of this Agreement.

Public Use. 3.3.1 At all times after Substantial Completion during the Contract Period the Concessionaire will keep the Concession Highway open for public use except for Lane Closures or detours diversions of traffic flow: 3.3.1.1 by the Concessionaire in accordance with the provisions of the Traffic Management Requirements Requirements, the Traffic Management Plan and Section 15.3 [Lane Closures];Closures]; 3.3.1.2 by the Minister under the Transportation Act or any other Laws and Regulations;Regulations; 3.3.1.3 by the Police or fire, ambulance or other emergency services authorities; andauthorities; 3.3.1.4 by any other Governmental Authority pursuant to any Legal Requirement; and 3.3.1.5 in the case of the MOT Section, by the MOT Section Contractor in connection with the carrying out of the MOT Section Works. 3.3.2 Except as may otherwise be expressly provided in this Agreement (including in the provisions relating to Compensation Events, Province Change and/or Force Majeure and/or in the definition of Excepted Closure)Agreement, the Concessionaire does not have any Claim whatsoever against the Province, BCTFA, the Police or any other Governmental Authority for or in respect of any Lane Closure or detourdiversion, including any Lane Closure or detour diversion referred to in Section 3.3.1, or as a result of the exercise of any other rights or powers or the discharge of any other duties or functions by the Province, BCTFA, the Police or any other Governmental Authority affecting the Project Facilities, the Site and the Adjacent Areas or the Graving Dock Site or any part thereof. 3.3.3 All Undertakings Operations will be carried on so as not to interfere unnecessarily with, and so as to minimize any necessary interference with, the convenience of the public and the access to and use of any of the Connecting Roads or any other public or private roads or highways, whether under the control or in the possession of the Province or any other person. 3.3.4 The Concessionaire may not charge tolls (which term as used in this Section has the meaning given in the Transportation Investment Act) or any other user charges for the use of the Concession Highway. As at the Commencement Date no arbitrators have been appointed under the Transportation Investment Act and therefore there is no requirement for the Concessionaire to contribute to the matters set out in Section 3(i) of that Act. A Change in Law pursuant to which the Province or another Governmental Authority which is subordinate to the Province levies tolls: 3.3.4.1 tolls specifically on Users members of the general public for the use of some or all of the Concession Highway or a Connecting Road that is under the jurisdiction of the Province or such other Governmental Authority, as the case may be, by a vehicle travelling on the Concession Highway; or 3.3.4.2 for the use of any of the Connecting Roads by a vehicle travelling on those Connecting Roads; thereon will be deemed to constitute a Relevant Change in Law for purposes of this Agreement.