Common use of Acceptance of Site Condition Clause in Contracts

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against any Province Person on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not a Province Person. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundings; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.2, 16.3, 16.4 and 16.5 Project Co acknowledges and agrees that it has inspected all matters relating to investigated the SiteLands, the Other Existing Infrastructure and the Site Conditions, including the Background Information, prior to executing this Project Agreement and Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 66 CAN: 26350049.2 BD-#30398459-v2 agrees to accept the Site Lands, the Other Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.316.5, Project Co shall not be entitled to make any claim of any nature whatsoever against the City or any Province Person City Party on any grounds relating to the SiteLands, the Other Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Other Existing Infrastructure or the Site Conditions was given to it by any person, whether or not a Province Person.City Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Lands, the Other Existing Infrastructure or the Site Conditions provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.316.5, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed received all necessary Site due diligence design data, warranties and investigation and inspected and examined all other applicable information in relation to the Site and its surroundingsStage 1 System, (to the extent such information is available as of Commercial Close); (ii) satisfied itself prior to executing this Project Agreement as to the nature structural, environmental and general condition of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the WorksOther Existing Infrastructure; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, Lands or migrating to or from the SiteLands; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; andLands; (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third partiesparties and will comply and will ensure compliance by all Project Co Parties with all communication and record keeping obligations in respect thereof in accordance with Schedule 18 – Communications and Public Consultation Protocol and Schedule 26 – Record Provisions; and (vii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Lands, the loadbearing and other relevant properties of the Lands, the risk of injury or damage to property affecting the Lands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 67 CAN: 26350049.2 BD-#30398459-v2 that Project Co would be unable to perform the activities within the Project Operations Scope in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co acknowledges and agrees that it has inspected investigated the Site and its surroundings in accordance with Good Industry Practice taking into account all matters relating to the SiteSite (including the buildings, including structures and works, on, over and under the Site existing on the date hereof and the Background Information, ) prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co shall not be entitled to make any claim of any nature whatsoever against Xxxxx or any Province Person Osler Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not a Province Person.Osler or an Osler Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation investigations and inspected investigated and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; (ii) in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on over and under the Site existing on the date hereof; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against IO, any Province Person IO Party or any other Government Entity on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not a Province PersonIO or an IO Party. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against MHCP or any Province Person MHCP Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not MHCP or a Province Person.MHCP Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation investigations and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the SiteSites, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site Sites and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against SJHC or any Province Person SJHC Party on any grounds relating to the SiteSites, including the fact that incorrect or insufficient information on any matter relating to the Site Sites was given to it by any person, whether or not SJHC or a Province Person.SJHC Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site Sites due diligence and investigation investigations and inspected and examined the Site Sites and its surroundingssurroundings and any existing works on, over or under the Sites; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the SiteSites, the loadbearing and other relevant properties of the SiteSites, the risk of injury or damage to property affecting the SiteSites, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the SiteSites, or migrating to or from the SiteSites; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site Sites and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the SiteSites; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against IO, any Province Person IO Party or any other Government Entity on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not a Province PersonIO or an IO Party. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Partydelivered, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.338, Project Co acknowledges and agrees that it has inspected all matters relating to investigated the SiteLands and the Other Existing Infrastructure and Additional Resources, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site Lands, the Other Existing Infrastructure, the Additional Resources and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, 16.3 16.4 and 16.338, Project Co shall not be entitled to make any claim of any nature whatsoever against the Ministry or any Province Person on any grounds relating to the SiteLands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions was given to it by any person, whether or not a Province Person., unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Lands, the Other Existing Infrastructure, the Additional Resources or the Site Conditions provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.338, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected on the Lands and examined the Site Lands and its surroundingstheir surroundings and any Other Existing Infrastructure and Additional Resources; (ii) performed all necessary due diligence and investigation on the Other Existing Infrastructure and satisfied itself prior to executing this Project Agreement as to the structural, environmental and general condition of such Other Existing Infrastructure; (iii) performed all necessary due diligence and investigation on the Additional Resources and satisfied itself prior to executing this Project Agreement as to the environmental and general condition, quantity and quality of such Additional Resources; (iv) satisfied itself as to the presence of any Contamination on, in or under the Lands or migrating to or from the Lands; (v) satisfied itself as to the adequacy of the rights of access to, from and through the Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (vi) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Lands; (vii) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties; and (viii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the SiteLands, the loadbearing and other relevant properties of the SiteLands, the risk of injury or damage to property affecting the SiteLands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 16.2, and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against HRRH or any Province Person HRRH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not HRRH or a Province Person.HRRH Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 16.2, and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation investigations and inspected and examined the Site and its surroundings; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against HHS or any Province Person HHS Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not HHS or a Province Person.HHS Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundings; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “"as is, where is” " basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against NHS or any Province Person NHS Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not NHS or a Province PersonNHS Party. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against CAMH or any Province Person CAMH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not CAMH or a Province PersonCAMH Party. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner. (d) In addition to any other provision of this Project Agreement, CAMH and Project Co acknowledge and agree that the Background Information discloses the existence of Contamination on the Site which exceeds Ministry of Environment Site Condition Standards, including, without limitation, standards applicable to EC/SAR (Electrical Conductivity and Sodium Absorption Ratio) resulting from historical de-icing activities, lead and boron (collectively, the “Disclosed Contamination”). CAMH and Project Co further acknowledge and agree that pursuant to the terms of the Subdivision Agreement, CAMH has delivered to the City of Toronto a Phase 2 Environmental Soil & Groundwater Investigation (which includes a remedial action plan) with respect to the Site and those lands to be conveyed to the City of Toronto (the “Assessed Lands” as that term is defined in the Subdivision Agreement) for a third-party peer review. In respect of the foregoing, Project Co shall at its sole cost and risk: (i) investigate and satisfy itself as to the nature, location, character, quality and quantity of the work to address the Disclosed Contamination; (ii) prepare a Soils and Waste Management Plan consistent with the Phase 2 Environmental Soil & Groundwater Investigation and the comments provided in the Peer Review to the reasonable satisfaction of CAMH in accordance with Applicable Laws to address the Disclosed Contamination; (iii) ensure that all soils and other subsurface material (including groundwater) which must be removed from the Site in accordance with the Soils and Waste Management Plan are removed, transported and disposed of in accordance with Applicable Laws; and (iv) satisfy and perform the requirements of the Phase 2 Environmental Soil & Groundwater Investigation and the comments provided in the Peer Review with respect to the Assessed Lands to the reasonable satisfaction of CAMH and the Independent Certifier.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.316.5, Project Co acknowledges and agrees that it has inspected investigated the Site in accordance with Good Industry Practice taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof and the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.316.5, Project Co shall not be entitled to make any claim of any nature whatsoever against WCH or any Province Person WCH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not WCH or a Province Person.WCH Party, unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 16.2, 16.3, 16.4 and 16.316.5, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation investigations and inspected investigated and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; (ii) in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site in accordance with Good Industry Practice, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.47.4, 16.2 18.1(b), 18.2 and 16.318.3, Project Co acknowledges and agrees that it has inspected or investigated the Lands, the Existing Infrastructure (including the surroundings thereof) and the Site Conditions in accordance with Good Industry Practice taking into account all matters relating to the SiteLands (including the buildings, including structures and works, on, over and under the Lands existing on the date hereof and the Background Information), the Existing Infrastructure and the Site Conditions prior to executing this Project Agreement and agrees to accept the Site Lands, the Existing Infrastructure and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.47.4, 16.2 18.1(b), 18.2 and 16.318.3, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the SiteLands, the Existing Infrastructure or the Site Conditions, including the fact that incorrect or insufficient information on any matter relating to the Lands, the Existing Infrastructure or the Site Conditions was given to it by any person, whether or not Contracting Authority or a Province Person. (b) Section 18.1(a) is not intended to prohibit Project Co from relying upon information that has been provided by a person who has given Project Co an express written entitlement to rely on that information, provided however, subject to Sections 7.4, 18.2 and 18.3, Project Co shall not be entitled to make any claim of any nature whatsoever against Contracting Authority or any Province Person on any grounds relating to the information provided by that person. For clarity, subject to Sections 7.4, 18.2 and 18.3, Project Co’s legal recourse shall be against the person who provided the express written entitlement to rely on the information and not Contracting Authority or any Province Person. (c) Subject to Sections 6.47.4, 16.2 18.1(b), 18.2 and 16.318.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) : performed all necessary Site due diligence and investigations or inspections on the Lands, and examined the Lands and their surroundings and any existing works on, over or under the Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; performed all necessary due diligence and investigation or inspection on the Existing Infrastructure and inspected satisfied itself prior to executing this Project Agreement as to the structural, environmental and examined general condition of such Existing Infrastructure; in accordance with Good Industry Practice, taking into account all matters relating to the Site Lands, including any Existing Infrastructure, and its surroundings; (ii) any other buildings, structures and works, on, over and under the Lands existing on the date hereof, satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the SiteLands, the loadbearing and other relevant properties of the SiteLands, the risk of injury or damage to property affecting the SiteLands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) ; satisfied itself as to the presence of any Contamination on, in or under the SiteLands, or migrating to or from the Site; (iv) Lands in accordance with Good Industry Practice, taking into account all matters relating to the Lands, including any Existing Infrastructure, and any other buildings, structures and works, on, over and under the Lands existing on the date hereof; satisfied itself as to the adequacy of the Lands, rights of access to, from and through the Site Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) ; satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the SiteLands; and (vi) and satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (cd) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations Works in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co acknowledges and agrees that it has inspected all matters relating to the Site, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Site Conditions on an “"as is, where is” " basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co shall not be entitled to make any claim of any nature whatsoever against WGH or any Province Person WGH Party on any grounds relating to the Site, including the fact that incorrect or insufficient information on any matter relating to the Site was given to it by any person, whether or not WGH or a Province PersonWGH Party. (b) Subject to Sections 6.4, 16.2 16.2, 16.3 and 16.316.4, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site due diligence and investigation and inspected and examined the Site and its surroundingssurroundings and any existing works on, over or under the Site; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the Site, the loadbearing and other relevant properties of the Site, the risk of injury or damage to property affecting the Site, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the Site, or migrating to or from the Site; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the Site; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.

Acceptance of Site Condition. (a) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has inspected all matters relating to the SiteSite and the Off-Site Parking Lot Lands, including the Background Information, prior to executing this Project Agreement and agrees to accept the Site and the Off-Site Parking Lot Lands and the Site Conditions on an “as is, where is” basis. Without limiting the generality of the foregoing, but subject to Sections 6.4, 16.2 and 16.3, Project Co shall not be entitled to make any claim of any nature whatsoever against any Province Person on any grounds relating to the SiteSite or the Off-Site Parking Lot Lands, including the fact that incorrect or insufficient information on any matter relating to the Site or the Off-Site Parking Lot Lands was given to it by any person, whether or not a Province Person., unless the relevant person has given Project Co an express written entitlement to rely on information relating to the Site provided by such person to Project Co. (b) Subject to Sections 6.4, 16.2 and 16.3, Project Co acknowledges and agrees that it has and shall be deemed to have: (i) performed all necessary Site and Off-Site Parking Lot Lands due diligence and investigation and inspected and examined the Site and its the Off-Site Parking Lot Lands and their surroundings; (ii) satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the level and quantity of groundwater, the form and nature of the SiteSite and the Off- Site Parking Lot Lands, the loadbearing and other relevant properties of the SiteSite and the Off-Site Parking Lot Lands, the risk of injury or damage to property affecting the SiteSite and the Off-Site Parking Lot Lands, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution and delivery of the Works; (iii) satisfied itself as to the presence of any Contamination on, in or under the SiteSite and the Off-Site Parking Lot Lands, or migrating to or from the SiteSite and the Off-Site Parking Lot Lands; (iv) satisfied itself as to the adequacy of the rights of access to, from and through the Site and the Off-Site Parking Lot Lands and any accommodation it may require for the purposes of fulfilling its obligations under this Project Agreement; (v) satisfied itself as to the possibility of interference by persons of any description whatsoever with access to or use of, or rights in respect of, the SiteSite and the Off-Site Parking Lot Lands; and (vi) satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties. (c) Project Co further acknowledges and agrees that, other than as referred to or contained in this Project Agreement, no representations or warranties have been made, nor documentation delivered to Project Co or any Project Co Party, which would indicate that Project Co would be unable to perform the Project Operations in a lawful manner.