Common use of Project Requirements Clause in Contracts

Project Requirements. Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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 Project Requirements to be adequate and suitable.

Project Requirements. Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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 of competent jurisdiction has determined, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitable.

Project Requirements. ‌ Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads Schools in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitablesuitable (and including the reasonable cost of seeking such a Court determination in respect of the third party claim, on a solicitor and client basis, where it must be made separately from the Court proceedings constituting the third party claim).

Project Requirements. ‌ Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and to operate and maintain the Service Roads Existing Facilities in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by pursuant to the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitable.

Project Requirements. Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads Schools in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitable.

Project Requirements. Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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 of competent jurisdiction has determined, determined that such injury or damage was caused or contributed to by a failure of deficiency in the Project Requirements to be adequate and suitableRequirements.

Project Requirements. Subject only to Section 5.4 (Request for Clarification) and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.17.1 (Modification of Project Requirements). If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by pursuant to the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitable.

Project Requirements. Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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, determined that such injury or damage was caused or contributed to by a failure of the Project Requirements to be adequate and suitable.

Project Requirements. ‌ Subject only to Section 5.4 and notwithstanding any other provision of this Agreement, the Contractor’s obligation to design and build the New Infrastructure and the Service Roads in accordance with the Project Requirements is absolute, and cannot be modified or waived except by amendment of the Project Requirements made in accordance with Section 7.1. If the Contractor asserts that any aspect of the Project Requirements is uncertain or ambiguous, either party may require that the interpretation of that aspect of the Project Requirements be determined by the Dispute Resolution Procedure. The Province acknowledges that it is responsible for the adequacy and suitability of the Project 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 Project Requirements to be adequate and suitable.