Traffic Availability definition
Examples of Traffic Availability in a sentence
Following achievement of Traffic Availability, the Contractor shall diligently proceed to Construction Completion.
The first Payment shall be on the first Business Day of the month following the month in which Traffic Availability is achieved, and each Payment shall be made by the Province on the first Business Day of each month thereafter.
If Construction Completion is not achieved within one year after Traffic Availability, the Province may by notice to the Contractor elect to do the remaining work required to achieve Construction Completion and in that event may retain the remaining balance of the holdback as liquidated damages.
If upon Traffic Availability the Contractor has not achieved Construction Completion, the Contractor shall within 30 days thereafter prepare and deliver to the Province a comprehensive workplan and schedule acceptable to the Province, acting reasonably, designed to achieve Construction Completion within a reasonable time thereafter.
A Change Order shall not be regarded as confirming an extension to the Traffic Availability Target Date unless expressly stipulated.
The Payment Schedule is premised upon Traffic Availability being achieved on the Traffic Availability Target Date.
The Contractor shall perform and carry out the O&M in accordance with the O&M Requirements and in accordance with such of the Contractor’s Management Systems and Plans (as amended from time to time as contemplated by Section 5.5) as remain pertinent to the Operating Period, both for the New Infrastructure and the Existing Infrastructure, from Traffic Availability until the end of the Term or the sooner termination of this Agreement in accordance with its provisions.
The Contractor shall, subject to the Technical Requirements, keep the Infrastructure open for safe public use from Traffic Availability until the end of the Term.
When the Province, having regard to any deficiencies and safety concerns noted by the Province within the above 10 day period and all remedial action taken by the Contractor in response thereto, is satisfied that the Early Opening Candidate can safely be opened to the public for use by vehicle traffic, the Province shall issue to the Contractor an approval that the Early Opening Candidate can be opened to the public for use by vehicle traffic prior to Traffic Availability (the “Early Opened Road”).
The Province shall not, without the prior consent of the Contractor, pursue any Change Orders that singularly or in the aggregate involve an alteration in the scope of the Project of such magnitude that it could reasonably be expected to materially impact the Contractor’s ability to achieve Traffic Availability by the Traffic Availability Target Date or otherwise materially and adversely alter the risk profile of the Project.