Common use of Actual Form and Substance Clause in Contracts

Actual Form and Substance. All insurance must be in forms and with terms and conditions acceptable to the Province, acting reasonably and acting in a reasonably timely manner. The Province shall be deemed to be acting unreasonably if the effect of not finding certain forms or terms and conditions acceptable is to impose on the Contractor (or its subcontractors) insurance requirements additional to the insurance requirements set out in the DBFM Agreement, including this Schedule 11. The purpose of this Section 2.3 is to give the Province the right to have modified or deleted from the actual insurance policies, terms and conditions that the Province becomes aware of, including becomes aware of only after receiving the certified copies of the insurance policies, that are clearly contrary to the express intent or the spirit of the insurance requirements in the DBFM Agreement, including this Schedule 11. ASAP2-Schedule 11 - Insurance Requirements - Mar 23-10 CL

Actual Form and Substance. All insurance must be in forms and with terms and conditions acceptable to the Province, acting reasonably and acting in a reasonably timely manner. The Province shall be deemed to be acting unreasonably if the effect of not finding certain forms or terms and conditions acceptable is to impose on the Contractor (or its subcontractors) insurance requirements additional to the insurance requirements set out in the DBFM Agreement, including this Schedule 11. The purpose of this Section 2.3 is to give the Province the right to have modified or deleted from the actual insurance policies, terms and conditions that the Province becomes aware of, including becomes aware of only after receiving the certified copies of the insurance policies, that are clearly contrary to the express intent or the spirit of the insurance requirements in the DBFM Agreement, including this Schedule 11. ASAP2-ASAP3 - Schedule 11 - Insurance Requirements - Mar 23July 3-10 CL12 Execution.doc

Actual Form and Substance. All insurance must be in forms and with terms and conditions acceptable to the Province, acting reasonably and acting in a reasonably timely manner. The Province shall be deemed to be acting unreasonably if the effect of not finding certain forms or terms and conditions acceptable is to impose on the Contractor (or its subcontractors) insurance requirements additional to the insurance requirements set out in the DBFM DBFO Agreement, including this Schedule 11. The purpose of this Section 2.3 is to give the Province the right to have modified or deleted from the actual insurance policies, terms and conditions that the Province becomes aware of, including becomes aware of only after receiving the certified copies of the insurance policies, that are clearly contrary to the express intent or the spirit of the insurance requirements in the DBFM DBFO Agreement, including this Schedule 11. ASAP2-Schedule 11 - Insurance Requirements - Mar 23Feb 25-10 CLCL Sch 11-1

Actual Form and Substance. All insurance must be in forms and with terms and conditions acceptable to the Province, acting reasonably and acting in a reasonably timely manner. The Province shall be deemed to be acting unreasonably if the effect of not finding certain forms or terms and conditions acceptable is to impose on the Contractor (or its subcontractors) insurance requirements additional to the insurance requirements set out in the DBFM DBFO Agreement, including this Schedule 11. The purpose of this Section 2.3 is to give the Province the right to have modified or deleted from the actual insurance policies, terms and conditions that the Province becomes aware of, including becomes aware of only after receiving the certified copies of the insurance policies, that are clearly contrary to the express intent or the spirit of the insurance requirements in the DBFM DBFO Agreement, including this Schedule 11. ASAP2-SWCRR - Schedule 11 - Insurance Requirements EXECUTION VERSION - Mar 23-10 CLAug 24-16.docx

Actual Form and Substance. All insurance must be in forms and with terms and conditions acceptable to the Province, acting reasonably and acting in a reasonably timely manner. The Province shall be deemed to be acting unreasonably if the effect of not finding certain forms or terms and conditions acceptable is to impose on the Contractor (or its subcontractors) insurance requirements additional to the insurance requirements set out in the DBFM DBFO Agreement, including this Schedule 11. The purpose of this Section 2.3 is to give the Province the right to have modified or deleted from the actual insurance policies, terms and conditions that the Province becomes aware of, including becomes aware of only after receiving the certified copies of the insurance policies, that are clearly contrary to the express intent or the spirit of the insurance requirements in the DBFM DBFO Agreement, including this Schedule 11. ASAP2-Schedule 11 - Insurance Requirements - Mar 23April 26-10 CL12 CL.doc Sch 11-1