Common use of OBLIGATION TO PROCEED Clause in Contracts

OBLIGATION TO PROCEED. The Registered Owner acknowledges that time is of the essence in any request to provide a Statutory Hire Vehicle made under this Agreement. If and when the worksite is determined by the Province under Section 5(b) then: if the Province requests the Registered Owner to provide a Statutory Hire Vehicle to the worksite, the Registered Owner must, unless specified otherwise by the ministry contact, immediately and without delay after receiving such request confirm to the ministry contact whether or not it elects to proceed to the worksite; and any notice given under Section 6(b)(i) may be delivered orally by telephone to the specified number(s) on the first page of this Agreement or in person to the other party; and the Registered Owner shall not be subject to any liability for breach of this Agreement for not electing to proceed to the worksite; and once the Registered Owner advises the Province that it intends to supply the requested Statutory Hire Vehicle the Registered Owner shall be obliged to meet the Registered Owner’s obligations under this Agreement; and if the Registered Owner fails to observe, perform, or comply with any provisions of this Agreement or to otherwise meet its obligations under this Agreement, the Province may, in its sole discretion, in addition to any remedy available to it at law or equity, terminate the provision of services and Statutory Hire Vehicle (orally or in writing) to the Registered Owner and no claim may be made by the Registered Owner for any losses occasioned by that termination. The Province is not obliged to proceed with this Agreement at any time by determining a worksite and the Province shall not be subject to any liability for breach of this Agreement if the Province decides not to request provision of the Statutory Hire Vehicle under this Agreement.

OBLIGATION TO PROCEED. The Registered Owner Contractor acknowledges that time is of the essence in any request to provide a Statutory Hire Vehicle Equipment made under this Agreement. If and when the worksite is determined by the Province under Section 5(b) then: if the Province requests the Registered Owner Contractor to provide a Statutory Hire Vehicle Equipment to the worksite, the Registered Owner Contractor must, unless specified otherwise by the ministry contact, immediately and without delay after receiving such request confirm to the ministry contact whether or not it elects to proceed to the worksite; and any notice given under Section 6(b)(i7(b)(i) may be delivered orally by telephone to the specified number(s) on the first page of this Agreement or in person to the other party; and the Registered Owner Contractor shall not be subject to any liability for breach of this Agreement for not electing to proceed to the worksite; and once the Registered Owner Contractor advises the Province that it intends to supply the requested Statutory Hire Vehicle Equipment the Registered Owner Contractor shall be obliged to meet the Registered OwnerContractor’s obligations under this Agreement; and if the Registered Owner Contractor fails to observe, perform, or comply with any provisions of this Agreement or to otherwise meet its obligations under this Agreement, the Province may, in its sole discretion, in addition to any remedy available to it at law or equity, terminate the provision of services and Statutory Hire Vehicle Equipment (orally or in writing) to the Registered Owner Contractor and no claim may be made by the Registered Owner Contractor for any losses occasioned by that termination. The Province is not obliged to proceed with this Agreement at any time by determining a worksite and the Province shall not be subject to any liability for breach of this Agreement if the Province decides not to request provision of the Statutory Hire Vehicle Equipment under this Agreement.