Rely Upon Information Sample Clauses
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Rely Upon Information. Owner shall be responsible for the Rely Upon Information identified in Attachment BB. Should Contractor discover an error, omission or inaccuracies in such information, Contractor shall be entitled to a Change Order to the extent permitted under Sections 6.2A.9 and 6.8.
Rely Upon Information. Contractor shall be entitled to rely upon the accuracy of the Rely Upon Information furnished or referenced by Owner in Attachment BB. Should (i) Contractor discover an inaccuracy or an error in such information, (ii) Owner change the Rely Upon information in any way or (iii) such information not comply with Applicable Law or Applicable Codes and Standards, Contractor shall be entitled to a Change Order to the extent permitted under Sections 6.2A.9 and 6.8.
Rely Upon Information. The following information shall be Rely Upon Information for the purposes of the EPC Agreement: [***] Unless expressly referenced above, no other data, information or documentation shall be Rely Upon Information. The below list shall be updated as part of the LNTP No. 1 scope. Contractor shall assist Owner on an ongoing basis to refine this Attachment DD. Such refinements shall be completed no later than [***] ([***]) months after NTP. [***]
Rely Upon Information. 45.1 Notwithstanding the provisions of Article 8 of Part 1 – General Conditions, the following provisions apply to the Commercial Production.
45.2 Allseas shall be responsible for developing and executing the Mine Plan and shall use its best endeavours to achieve the Production Target.
45.3 TMC shall be responsible for the accuracy of the Rely Upon Information. Allseas may rely on the Rely Upon Information but nothing else, in all other respects it is responsible for making its own enquiries and obtaining its own information in every aspect relevant to the development and execution of the Mine Plan.
45.4 TMC warrants that the Rely Upon Information is accurate. If the Rely Upon Information is materially inaccurate (eg. the actual Nodule abundance is less than the estimate and impacts Production Target or the seabed soil strength deviates and causes issues for the collector vehicle to manoeuvre and maintain production) then: Contract number TMCUSAA-ALL-0200-00-CON-0001 / 770002-ADSMC-TMC-001 36
a) Allseas must take reasonable steps to amend the Mine Plan to take account of the variances in Nodule abundance or seafloor conditions, and use reasonable endeavours to recover the lost Nodule production;
b) Allseas may make a submission to TMC proposing an adjustment in the Production Target for the relevant Year, taking account of the actual Nodule abundance and actual seafloor conditions encountered;
c) TMC must give reasonable consideration to the submission made by Allseas under (b) above and Allseas will be entitled to a Variation to adjust the relevant Production Target.
45.5 Allseas shall conduct the Commercial Production in strict accordance with an approved Mine Plan. If the Rely Upon Information was accurate and Allseas fails to achieve the Production Target, then Allseas must use its reasonable endeavours to mitigate the under-run in production through reasonable means that may include without limitation:
a) extending operational uptime where feasible;
b) enhancing maintenance and repair efficiency;
c) implementing engineering or process improvements;
d) performing equipment upgrades or reconfigurations to improve system throughput or reliability; and
e) optimizing vessel operations and resource allocation to restore production performance, and the Production Target shall remain unchanged.
45.6 If TMC becomes aware of any inaccuracy in, or wishes to alter any of the Rely Upon Information or the Base Data, it may issue revised Base Data to Allseas at...
