NOTICE TO THE CONTRACTOR. The failure of the State of Minnesota to obtain Certificate(s) of Insurance, for the policies or renewals thereof or failure of the insurance company to notify the State of the cancellation of policies required under this Contract shall not constitute a waiver by the Owner to the Contractor to provide such insurance. The Owner will reserve the right to immediately terminate the Contract if the Contractor is not in compliance with the insurance requirements, and the Owner retains all rights to pursue any legal remedies against the Contractor. In the event of a claims dispute, all insurance policies must be open to inspection by the state, and copies of policies must be submitted to state’s authorized agent upon written request. The insurance and insurance limits required herein shall not be deemed as a limitation on the Contractor’s liability with regard to the indemnities granted to the Owner under the contract.
NOTICE TO THE CONTRACTOR. If Clause 33.1 (Right to Step-In) applies and the Authority wishes to take action, the Authority shall notify the Contractor in writing of the following:
NOTICE TO THE CONTRACTOR. If clause 47.1 (Right to Step-In) applies and the Authority wishes to take action, the Authority shall notify the Contractor in writing of: the action it wishes to take; whether or not it wishes to appoint a third party to take the action; the reason for such action; the date it wishes to commence such action; the time period which it believes will be necessary for such action; and to the extent practicable, the effect on the Contractor and its obligation to provide the Services during the period such action is being taken.
NOTICE TO THE CONTRACTOR. If clause 61.1 (Right to Step-In) applies and the Authority wishes to take action, the Authority shall notify the Contractor in writing of the following: the action it wishes to take; the reason for such action; the date it wishes to commence such action; the time period which it believes will be necessary for such action; and to the extent practicable, the effect on the Contractor and its obligation to carry out the Works and/or provide the Services during the period such action is being taken. Action by Authority Following service of such notice, the Authority shall take such action as notified under clause 61.2 (Notice to the Contractor) and any consequential additional action as it reasonably believes is necessary (together, the Required Action) and the Contractor shall give all reasonable assistance to the Authority while it is taking the Required Action. The Authority shall provide the Contractor with notice of completion of the Required Action and shall use reasonable endeavours to provide such advance notice as is reasonably practicable of its anticipated completion. Where the Required Action has been taken otherwise than as a result of a breach by the Contractor, the Authority shall undertake the Required Action in accordance with Good Industry Practice and shall indemnify the Contractor against all Direct Losses where it fails to do so.
NOTICE TO THE CONTRACTOR. The failure of Grantor to obtain Certificate(s) of Insurance for the policies or renewals thereof or failure of the insurance company to notify the State of the cancellation of policies required under this Agreement shall not constitute a waiver by the State to the Contractor to provide such insurance. The State will reserve the right to immediately terminate the Agreement if the Contractor is not in compliance with the insurance requirements. In the event that a court of competent jurisdiction orders Contractor to disclose its insurance policy(ies) in connection with discovery during litigation brought as a result of a dispute between the parties, Contractor agrees to adhere to such court’s order with respect to disclosure of such policy(ies). In the event of a claims dispute, all insurance policies must be open to inspection by the State, and copies of policies must be submitted to State’s authorized agent upon written request.
NOTICE TO THE CONTRACTOR. The Administrative Agent shall give the Contractor prompt notice by telephone (confirmed promptly in writing) or by facsimile of each Borrowing, and a copy of each Notice of Borrowing. The Contractor shall have one Business Day following receipt by it of a complete Notice of Borrowing during which to examine the applicable Contractor Invoices and other attachments to the Notice of Borrowing to determine whether the amount of the Borrowing requested in such Notice of Borrowing is consistent with the financing of 95% of the Borrower’s Purchase Price for the applicable Equipment and Materials described in such Notice of Borrowing. Not later than 5:00 p.m. (New York time) on the Business Day following receipt by the Contractor of such Notice of Borrowing, the Contractor shall notify the Administrative Agent in writing whether the amount of such Borrowing is so consistent (an affirmative determination being a “Contractor Approval”).
