Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.
Project Agreement The Parties hereto have signed the Project Agreement, in counterpart, on the dates indicated below. Original Signed by 04-09-09 Xxxxxx Xxxxx Date Deputy Minister Natural Resources Canada Original Signed by 05-08-09 Xxxxx Xxxxxxxxx Date President Canadian Environmental Assessment Agency Original Signed by 04-08-09 Xxx Xxxxxxxx Date Chairman & Chief Executive Officer Canada-Newfoundland and Labrador Offshore Petroleum Board Original Signed by 19-08-09 Xxxxxx Xxxxxxxxx Date Deputy Minister Fisheries and Oceans Canada Original Signed by 18-08-09 Xxxxxx Xxxxxxxxxxx Date Deputy Minister Transport Canada Original Signed by 08-08-09 Xxx Xxxxxxx Date Deputy Minister Environment Canada Original Signed by 05-08-09 Xxxxxxx Xxxxxxx Date Deputy Minister Industry Canada Annexes Annex I Xxxxx Chart: Target Timelines for the Federal Review for the Project Annex II Key Milestones and Service Standards for the Environmental Assessment Annex III Canada-Newfoundland and Labrador Offshore Petroleum Board: Roles, Responsibilities, Key Milestones and Service Standards Annex IV Fisheries and Oceans Canada: Roles, Responsibilities, Key Milestones and Service Standards Annex V Transport Canada: Roles, Responsibilities, Key Milestones and Service Standards Annex VI Environment Canada: Roles, Responsibilities, Key Milestones and Service Standards Annex VII Industry Canada: Roles, Responsibilities, Key Milestones and Service Standards Annex VIII Other Government Departments and Agencies: Roles and Responsibilities Annex I Xxxxx Chart: Target Timelines for the Federal Review for the Project Xxxxx XX Key Milestones and Service Standards for the Environmental Assessment Description/Activity Lead Support As Needed Service Standard/ Completion Date Post the Notice of Commencement of the EA on the CEAR C-NLOPB RAs, CEA Agency Completed – March 6, 2009 Public Comment Period on the Proposed Scope C-NLOPB RAs, CEA Agency Completed – May 22, 2009 Announce Availability of Participant Funding CEA Agency Completed – April 22, 2009 Finalize Proposed Scope following Public Review Period RAs CEA Agency Coincident with submission of Comprehensive Study Track Report Submit Comprehensive Study Track Report to Minister of the Environment C-NLOPB RAs, CEA Agency Completed – June 18, 2009 Make EA Track Decision Minister of the Environment CEA Agency Completed – July 22, 2009 Award Participant Funding CEA Agency Coincident with posting of the Notice of the Minister’s EA Track Decision Post the Final Scope on the CEAR C-NLOPB RAs, CEA Agency Within five days following the Minister’s Track Decision Submit Draft Comprehensive Study Report (CSR) Proponent Determined by the Proponent Public Comment Period on the Draft CSR CEA Agency Eight weeks following receipt of the Draft CSR Review Draft CSR RAs FAs, CEA Agency Eight weeks following receipt of draft CSR Analyze Public Comments and Submit Federal Response to Proponent RAs FAs, CEA Agency Three weeks from the close of the Public Comment Period on Draft CSR Submit Revised CSR Proponent Determined by the Proponent Review Proponent’s Response to Comments on Draft CSR and direct Proponent to finalize CSR RAs FAs, CEA Agency 21 days from receipt of Proponent’s response Submit Final CSR Proponent Determined by the Proponent Approve Final CSR RAs FAs, CEA Agency 21 days from receipt of Final CSR Submit CSR to Minister of RAs FAs, Following the approval of the Final Description/Activity Lead Support As Needed Service Standard/ Completion Date the Environment CEA Agency CSR Public Comment Period on the Final CSR CEA Agency RAs, FAs 30 days following approval of the Final CSR Post Notice and Analysis of Public Comments on the Final CSR on the CEAR CEA Agency RAs, FAs Coincident with the posting of the Minister’s EA Decision Statement Post Notice of Minister of the Environment’s EA Decision CEA Agency 35 days from the close of the Public Comment Period on the Final CSR Post Course of Action Decisions on the CEAR C-NLOPB CEA Agency Within four weeks of Minister’s EA Decision Xxxxx XXX Canada-Newfoundland and Labrador Offshore Petroleum Board Roles, Responsibilities, Key Milestones and Service Standards EA • Participate in meetings with other federal/provincial authorities as appropriate; • Review and comment on the EA work plan, public participation plan and communications plan; • Review and provide input into the CSR; • Provide expert advice with respect to C-NLOPB’s mandate under the Atlantic Accord Implementation Act (AAIA); • Take course of action decision following the Minister of the Environment’s EA decision; • Provide input into the follow-up and monitoring programs relative to C-NLOPB’s areas of regulatory responsibilities and areas of interest as required; and • Work with other RAs and FAs to ensure implementation of mitigation measures and those aspects of the follow-up program related to C-NLOPB’s areas of regulatory responsibilities and areas of interest under the AAIA as required. Regulatory • Participate in meetings with other federal/provincial authorities as appropriate; • Undertake any required activities related to C-NLOPB’s regulatory responsibilities under the AAIA as required to support C-NLOPB’s regulatory decisions; and • Conduct monitoring, inspections, audits and investigations to support its regulatory decisions as required. Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Liaise with Proponent regarding relevant issues associated with preparation of a Development Plan (DP) and Canada- NL Benefits Plan (BP) pursuant to the AAIA C-NLOPB liaises with Proponent regarding issues relevant to preparation of a complete DP and BP, in consideration of the C-NLOPB’s February 2006 Development Plan Guidelines and its February 2006 Canada-NL Benefits Plan Guidelines C-NLOPB Ongoing Announce public review process for review of DP and BP C-NLOPB will determine, in consideration of the Project Description and the Minister of the Environment’s EA track decision, the most appropriate public review process for review of the DP and the BP. C-NLOPB In a timely manner following Minister of the Environment’s EA track decision Submission of Development Plan and Canada-NL Benefits Plan Proponent provides C-NLOPB with a complete DP and BP supported by such documents as are necessary, including but not limited to an Environmental Impact Statement (EIS) and a Socio-Economic Impact Statement. The CSR and its associated documentation shall fulfil the requirements for an EIS. Proponent Dependent upon the Proponent Refer/Publish DP and BP If Public Review Body appointed under the AAIA, file DP and BP documentation with it for review. Otherwise, publish DP and BP for public comment. C-NLOPB 1 day after application submission Publication of AAIA Public Review Body report If appointed, Public Review Body publishes report AAIA Public Review Body No later than 270 days from referral of DP and BP, or such shorter period as the C-NLOPB may determine C-NLOPB staff finalize proposed DP, BP decisions C-NLOPB staff finalize proposed DP and BP decisions, ensuring appropriate consideration of Public Review Body report, and reflection of Minister of the Environment’s EA Decision C-NLOPB 30 days from the later of: publication of the Public Review Body report OR the Minister of the Environment’s EA Decision C-NLOPB Board makes DP, BP decisions C-NLOPB Board Members consider the proposed decisions. C-NLOPB finalizes its decisions respecting the DP and the BP; submits DP decision to Minister of Natural Resources Canada and NL Minister of Natural Resources C-NLOPB 60 days from finalization of proposed DP, BP decisions Approve/reject DP decision Minister of NRCan and NL Minister of Natural Resources approve or reject the C-NLOPB DP decision. AAIA prescribes 30-day maximum period for this activity. NL Minister of Natural Resources, Minister of NRCan No later than 30 days from submission by C-NLOPB of DP decision Announce, publish DP and BP decisions C-NLOPB publishes DP and BP decisions following receipt of approval from Ministers of Natural Resources C-NLOPB Within 5 days of receipt of approval from both Ministers Annex IV Fisheries and Oceans Canada Roles, Responsibilities, Key Milestones and Service Standards EA • Participate in meetings with other federal/provincial authorities as appropriate; • Review and comment on the EA work plan, public participation plan and communications plan; • Review and provide input into the CSR; • Provide expert advice with respect to DFO’s mandate under the Fisheries Act and aquatic species under the Species at Risk Act, where appropriate; • Take a course of action decision following the Minister of the Environment’s EA decision; • Provide input into the follow-up and monitoring programs relative to DFO’s areas of regulatory responsibilities and areas of interest under the Fisheries Act and aquatic species under the Species at Risk Act as required; and • Work with other RAs and FAs to ensure implementation of mitigation measures and those aspects of the follow-up program, related to DFO’s areas of regulatory responsibilities and areas of interest under the Fisheries Act and aquatic species under the Species at Risk Act as required. Regulatory • Participate in meetings with other federal/provincial authorities as appropriate; • Prepare regulatory work plan; • Undertake any required activities related to DFO’s mandate under the Fisheries Act and aquatic species under the Species at Risk Act as required, to support DFO’s regulatory decisions. Note: The following milestones represent the key activities associated with the regulatory process for the Project and are not intended to reflect the entire work plan schedule associated with this Project. Furthermore, these milestones may need to be adjusted as additional information is made available. MILESTONE ACTIVITIES/DESCRIPTION LEAD SERVICE STANDARD Receipt from Proponent of an application for a Subsection 35(2) Fisheries Act authorization DFO receives application from the Proponent for authorization of impacts to fish and fish habitat under subsection 35(2) of the Fisheries Act complete with adequate plans, maps, reports and data to support the review. This may include a Fish Habitat Compensation Proponent Dependent on timing of the submission of the application by the Proponent. The application should be received in conjunction with the draft CSR. Plan/Strategy to support the Fisheries Act review. DFO response to Proponent regarding impacts to fish and fish habitat and the Fish Habitat Compensation Plan/Strategy (if provided) DFO reviews the application package (including proposed Fish Habitat Compensation Plan/Strategy and associated financial security, if applicable), for adequacy, to support the Fisheries Act review. DFO requests further information, if required, to proceed with review of the application (and the CSR, if reviews are concurrent). DFO Concurrent with review of the CSR if application is received during the CSR review. Receipt of additional information from Proponent DFO receives additional information from Proponent Proponent Dependent on timing of the submission of additional information by Proponent DFO response to Proponent regarding Receipt/Review of the Fish Habitat Compensation Plan DFO notifies Proponent that the Fish Habitat Compensation Plan is acceptable DFO Within 60 days of receipt of an acceptable Fish Habitat Compensation Plan. Decision by DFO regarding Issuance of Subsection 35(2) Fisheries Act authorization If appropriate, DFO issues Fisheries Act authorization to Proponent for impacts to fish and fish habitat. DFO DFO issues an authorization contingent on the EA Course of Action Decision under paragraph 37(1)(a) of the CEAA. If the Minister of the Environment issues an environmental assessment decision statement under subsection 23(1) of the CEAA, to the effect that the Project is likely to cause significant environmental effects, DFO’s course of action must be approved by the Governor in Council. If this is the case and the course of action allows for the issuance of an authorization, then the following timelines will only apply once that approval is provided. DFO issues the authorization 90 calendar days after DFO makes its course of action decision. Issuance will be contingent upon receipt of an acceptable Fish Habitat Compensation Plan (including financial security) and the discharge of any legal Aboriginal consultation obligations associated with the authorization(s). Issuance of the authorization will also consider the Proponent’s timing needs for the authorization in that, should the authorization not be required until much later than the timeline above, DFO will issue it when it is appropriate. Annex V Transport Canada Roles, Responsibilities, Key Milestones and Service Standards EA • Participate in meetings with other federal/provincial authorities as appropriate; • Review and comment on the EA work plan, public participation plan and communications plan; • Review and provide input into the CSR;
Project Documents In addition to any other pertinent and necessary Project documents, the following documents shall be used in the development of the Project:
Obligations relating to Project Agreements 5.2.1 It is expressly agreed that the Concessionaire shall, at all times, be responsible and liable for all its obligations under this Agreement notwithstanding anything contained in the Project Agreements or any other agreement, and no default under any Project Agreement or agreement shall excuse the Concessionaire from its obligations or liability hereunder.
Construction Contract Documents The Construction Contract Documents shall consist of the plans and specifications prepared by the Engineer, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement.
Development Agreement As soon as reasonably practicable following the ISO’s selection of a transmission Generator Deactivation Solution, the ISO shall tender to the Developer that proposed the selected transmission Generator Deactivation Solution a draft Development Agreement, with draft appendices completed by the ISO to the extent practicable, for review and completion by the Developer. The draft Development Agreement shall be in the form of the ISO’s Commission-approved Development Agreement for its reliability planning process, which is in Appendix C in Section 31.7 of Attachment Y of the ISO OATT, as amended by the ISO to reflect the Generator Deactivation Process. The ISO and the Developer shall finalize the Development Agreement and appendices as soon as reasonably practicable after the ISO’s tendering of the draft Development Agreement. For purposes of finalizing the Development Agreement, the ISO and Developer shall develop the description and dates for the milestones necessary to develop and construct the selected project by the required in-service date identified in the Generator Deactivation Assessment, including the milestones for obtaining all necessary authorizations. Any milestone that requires action by a Connecting Transmission Owner or Affected System Operator identified pursuant to Attachment P of the ISO OATT to complete must be included as an Advisory Milestone, as that term is defined in the Development Agreement. If the ISO or the Developer determines that negotiations are at an impasse, the ISO may file the Development Agreement in unexecuted form with the Commission on its own, or following the Developer’s request in writing that the agreement be filed unexecuted. If the Development Agreement is executed by both parties, the ISO shall file the agreement with the Commission for its acceptance within ten (10) Business Days after the execution of the Development Agreement by both parties. If the Developer requests that the Development Agreement be filed unexecuted, the ISO shall file the agreement at the Commission within ten (10) Business Days of receipt of the request from the Developer. The ISO will draft, to the extent practicable, the portions of the Development Agreement and appendices that are in dispute and will provide an explanation to the Commission of any matters as to which the parties disagree. The Developer will provide in a separate filing any comments that it has on the unexecuted agreement, including any alternative positions it may have with respect to the disputed provisions. Upon the ISO’s and the Developer’s execution of the Development Agreement or the ISO’s filing of an unexecuted Development Agreement with the Commission, the ISO and the Developer shall perform their respective obligations in accordance with the terms of the Development Agreement that are not in dispute, subject to modification by the Commission. The Connecting Transmission Owner(s) and Affected System Operator(s) that are identified in Attachment P of the ISO OATT in connection with the selected transmission Generator Deactivation Solution shall act in good faith in timely performing their obligations that are required for the Developer to satisfy its obligations under the Development Agreement.
Project Plans The Contractor: must carry out the Contractor's Activities in accordance with, and otherwise implement, the Project Plans; and for the purposes of subparagraph (i), must: prepare Project Plans based, where applicable, on the draft Project Plans lodged by the Contractor in its tender for the Contractor's Activities, and otherwise in accordance with the requirements of the Contract and submit them to the Contract Administrator so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event no later than the number of days specified in the Contract Particulars after the Award Date for each Project Plan; not commence any of the Contractor's Activities to which any Project Plan applies, unless the Contract Administrator has had the number of days specified in the Contract Particulars for each Project Plan to review the Project Plan and has not rejected the Project Plan; if any Project Plan is rejected, submit an amended Project Plan to the Contract Administrator; in any event, finalise each Project Plan so as to ensure that there is no delay or disruption to the Contractor's Activities and in any event in accordance with the requirements of the Contract to the satisfaction of the Contract Administrator; after each Project Plan has been finalised: regularly review, update and amend each Project Plan in accordance with the process set out in each Project Plan (and otherwise at least on each anniversary of the Award Date); update or amend a Project Plan on request of the Contract Administrator; and continue to correct any defects in or omissions from a Project Plan (whether identified by the Contract Administrator or the Contractor), and submit an updated or amended Project Plan to the Contract Administrator, after which: the Contractor must continue to comply with the requirements of the then current Project Plan until the process in subparagraph (ii) has been completed in respect of the updated or amended Project Plan; and subsubparagraphs B - E will apply (to the extent applicable); and document and maintain detailed records of all: reviews, updates, amendments and submissions of each Project Plan; audits or other monitoring of each Project Plan; and training and awareness programs and communications provided to Contractor and subcontractor personnel in respect of each Project Plan (including each updated or amended Project Plan). The Contractor will not be relieved from compliance with any of its obligations under the Contract or otherwise at law or in equity as a result of: the implementation of, and compliance with, the requirements of any Project Plan; any direction by the Contract Administrator concerning a Project Plan or the Contractor's compliance or non-compliance with a Project Plan; any audit or other monitoring by the Contract Administrator or anyone else acting on behalf of the Commonwealth of the Contractor's compliance with a Project Plan; or any failure by the Contract Administrator, or anyone else acting on behalf of the Commonwealth, to detect any defect in or omission from a Project Plan including where any such failure arises from any negligence on the part of the Contract Administrator or other person.
Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.
Project contract 1. For each approved project a project contract shall be concluded between the Programme Operator and the Project Promoter.
Project Plan Development of Project Plan Upon the Authorized User’s request, the Contractor must develop a Project Plan. This Project Plan may include Implementation personnel, installation timeframes, escalation procedures and an acceptance plan as appropriate for the Services requested. Specific requirements of the plan will be defined in the RFQ. In response to the RFQ, the Contractor must agree to furnish all labor and supervision necessary to successfully perform Services procured from this Lot. Project Plan Document The Contractor will provide to the Authorized User, a Project Plan that may contain the following items: • Name of the Project Manager, Contact Phone Numbers and E-Mail Address; • Names of the Project Team Members, Contact Phone Numbers and E-Mail Address; • A list of Implementation milestones based on the Authorized User’s desired installation date; • A list of responsibilities of the Authorized User during system Implementation; • A list of designated Contractor Authorized Personnel; • Escalation procedures including management personnel contact numbers; • Full and complete documentation of all Implementation work; • Samples of knowledge transfer documentation; and • When applicable, a list of all materials and supplies required to complete the Implementation described in the RFQ. Materials and Supplies Required to Complete Implementation In the event that there are items required to complete an Implementation, the Contractor may request the items be added to its Contract if the items meet the scope of the Contract. Negotiation of Final Project Plan If the Authorized User chooses to require a full Project Plan, the State further reserves the right for Authorized Users to negotiate the final Project Plan with the apparent RFQ awardee. Such negotiation must not substantively change the scope of the RFQ plan, but can alter timeframes or other incidental factors of the final Project Plan. The Authorized User will provide the Contractor a minimum of five (5) business days’ notice of the final negotiation date. The Authorized User reserves the right to move to the next responsible and responsive bidder if Contractor negotiations are unsuccessful.
