Common use of Allocation of Risks of Participants and Trespassers Clause in Contracts

Allocation of Risks of Participants and Trespassers. (a) In the event of any Protest Action, Project Co shall be entitled to compensation, extensions of time and other relief in respect thereof as a Compensation Event in accordance with this Part 8 and the following additional parameters: (i) Project Co shall only be entitled to extensions of time in respect of Protest Actions pursuant to Section 8.3(c) if and to the extent that Project Co establishes that the Participants in such Protest Action continue to occupy any part of the Project Site or the Project Infrastructure for a period of more than seven days after Project Co has exhausted all legal remedies available to it to seek injunctive relief or other interim judicial remedies from a Court of first instance to remove them and to enforce any injunction or other interim remedy granted by such Court to remove them (provided that for this purpose Project Co may but shall not be obligated to prosecute injunctive or other interim judicial remedies beyond the Court of first instance); and (ii) Project Co shall only be entitled to compensation in respect of Protest Actions pursuant to Section 8.3(b) if and, subject to Section 8.11 [Effect of Insurance], to the extent that Project Co establishes that it has incurred during the Term Direct Losses to mitigate the effects of Protest Actions, including: (A) the costs of exercising any legal remedy available to Project Co in respect of Protest Actions (including in accordance with its obligations under Section 8.8 [Responsibility for Participants and Trespassers]); (B) the increased costs, including financing costs, attributable to any extension of time to which Project Co is entitled; (C) the cost of remedying any damage caused by Protest Actions; and (D) the taking of any mitigation action in relation to Protest Actions, which aggregate (including amounts paid by way of indemnity under Section 8.8(d) but excluding amounts referred to in Section 8.11 [Effect of Insurance]) more than $250,000, provided that the limitations on the compensation and extensions of time available to Project Co from that otherwise available to Project Co in the event of a Compensation Event, as set out in Sections 8.9(a)(i) and 8.9(a)(ii), shall not apply to the extent that such Protest Action arose, directly or indirectly, as a result of any Province Non-Excusable Event or as a result of actions taken or threatened to be taken by the Employees (as defined in the BCIB-Contractor Agreement). (b) Except as expressly provided in Section 8.9(a), and subject to Sections 8.4 and 8.5, as between the Province and Project Co Project Co shall bear, without recourse to the Province: (i) any Losses suffered by Project Co, its agents, Principal Contractors and Subcontractors or employees of any of them; (ii) any Direct Losses suffered by the Province or any of the Province Indemnified Persons arising: (A) from any interference, obstruction, or other hindrance to the Project or to the conduct of the Project Work, including the presence of any Participant or Trespasser on the Project Site or the Project Infrastructure; (B) from any damage caused to the Project Infrastructure; (C) as a result of any measures taken by or on behalf of or at the request or direction of Project Co; or (D) as a result of the failure by Project Co to take or cause to be taken measures which should have been taken, that are caused by any Participant or Trespasser, including any damage to property, any bodily injury or death, and any loss of income. (c) Nothing in this Section 8.9 shall affect: (i) any right of the Province or BCTFA to make or recover any Claim against any Participant or Trespasser for public nuisance or for damage suffered by the Province or BCTFA or their respective agents, contractors or subcontractors of any tier or any employees of any of them; or (ii) any right of Project Co to make or recover any Claim against any Participant or Trespasser for damage suffered by Project Co, its agents, Principal Contractors or Subcontractors or any employees of any of them.

Allocation of Risks of Participants and Trespassers. (a) In the event of any Protest ActionAction during the Construction Period, Project Co shall be entitled to compensation, extensions of time and or other relief in respect thereof as a Compensation Event in accordance with this Part 8 and Section, subject to the following additional parameters: (i1) Project Co shall only be entitled to extensions of time in respect of Protest Actions during the Construction Period pursuant to Section 8.3(c8.3(e) if and to the extent that Project Co establishes that the Participants in such Protest Action continue to occupy any part of the Project Site or the Project Infrastructure Facility during the Construction Period for a period of more than seven days after Project Co has exhausted all legal remedies available to it to seek injunctive relief or other interim judicial remedies from a Court of first instance to remove them and to enforce any injunction or other interim remedy granted by such Court to remove them (provided that for this purpose Project Co may but shall not be obligated obligated, to prosecute injunctive or other interim judicial remedies beyond the Court of first instance); and (ii2) Project Co shall only be entitled to compensation in respect of Protest Actions during the Construction Period pursuant to Section 8.3(b8.3(c) if and, subject to Section 8.11 [Effect of Insurance]8.3(d), to the extent that Project Co establishes that it has incurred during the Term Direct Losses to mitigate the effects of Protest Actions, including: (A) the costs of exercising any legal remedy available to Project Co in respect of Protest Actions (including in accordance with its obligations under Section 8.8 [Responsibility for Participants and Trespassers]8.14); (B) the increased costs, including financing costs, attributable to any extension of time to which Project Co is entitled; (C) the cost of remedying any damage caused by Protest Actions; and (D) the taking of any mitigation action in relation to Protest Actions, which aggregate (including amounts paid by way of indemnity under Section 8.8(d) 8.14(d), but excluding amounts referred to in Section 8.11 [Effect of Insurance]8.3(d) more than $250,000, provided that the limitations on the compensation and extensions of time available to Project Co from that otherwise available to Project Co in the event of a Compensation Event, as set out in Sections 8.9(a)(i) and 8.9(a)(ii), shall not apply to the extent that such Protest Action arose, directly or indirectly, as a result of any Province Non-Excusable Event or as a result of actions taken or threatened to be taken by the Employees (as defined in the BCIB-Contractor Agreement)100,000. (b) Except as expressly provided in Section 8.9(a), and subject to Sections 8.4 and 8.58.15, as between the Province and Project Co Co, during the Construction Period, Project Co shall bear, without recourse to the ProvinceProvince or any of the Province Indemnified Persons: (i1) any Losses losses suffered by Project Co, its agents, Principal Contractors and Subcontractors Sub-contractors or employees of any of them; (ii2) any Direct Losses suffered by the Province or any of the Province Indemnified Persons arising: (A) from any interference, obstruction, obstruction or other hindrance to the Project or any interference with or obstruction or other hindrance to the conduct of the Project WorkConstruction, including the presence of any Participant or Trespasser on any part of the Project Site or Facility during the Project InfrastructureConstruction Period; (B) from any damage caused to the Project InfrastructureFacility during the Construction Period; (C) as a result of any measures taken by or on behalf of or at the request or direction of Project Co; orand/or (D) as a result of the failure by Project Co to take or cause to be taken measures which should have been taken, that are caused by any Participant or Trespasser, including any damage to property, any bodily injury or death, and any loss of income. (c) Nothing in this Section 8.9 shall affect: (i) any right of the Province or BCTFA to make or recover any Claim against any Participant or Trespasser for public nuisance or for damage suffered by the Province or BCTFA or their respective agents, contractors or subcontractors of any tier or any employees of any of them; or (ii) any right of Project Co to make or recover any Claim against any Participant or Trespasser for damage suffered by Project Co, its agents, Principal Contractors or Subcontractors or any employees of any of them.

Allocation of Risks of Participants and Trespassers. (a) In the event of any Protest ActionAction during the Construction Period, Project Co shall be entitled to compensation, extensions of time and or other relief in respect thereof as a Compensation Event in accordance with this Part 8 and Section, subject to the following additional parameters: (i) Project Co shall only be entitled to extensions of time in respect of Protest Actions during the Construction Period pursuant to Section 8.3(c8.3(e) [Project Co’s Entitlement Upon Occurrence of a Compensation Event] if and to the extent that Project Co establishes that the Participants in such Protest Action continue to occupy any part of the Project Site or the Project Infrastructure Facility during the Construction Period for a period of more than seven days after Project Co has exhausted all legal remedies available to it to seek injunctive relief or other interim judicial remedies from a Court of first instance to remove them and to enforce any injunction or other interim remedy granted by such Court to remove them (provided that for this purpose Project Co may but shall not be obligated obligated, to prosecute injunctive or other interim judicial remedies beyond the Court of first instance); and (ii) Project Co shall only be entitled to compensation in respect of Protest Actions during the Construction Period pursuant to Section 8.3(b8.3(c) [Project Co’s Entitlements Upon Occurrence of a Compensation Event] if and, subject to Section 8.11 8.3(d) [Effect Project Co’s Entitlements Upon Occurrence of Insurancea Compensation Event], to the extent that Project Co establishes that it has incurred during the Term Direct Losses to mitigate the effects of Protest Actions, including: (A) the costs of exercising any legal remedy available to Project Co in respect of Protest Actions (including in accordance with its obligations under Section 8.8 8.14 [Responsibility for Participants and Trespassers]); (B) the increased costs, including financing costs, attributable to any extension of time to which Project Co is entitled; (C) the cost of remedying any damage caused by Protest Actions; and (D) the taking of any mitigation action in relation to Protest Actions, which aggregate (including amounts paid by way of indemnity under Section 8.8(d8.14(d) [Responsibility for Participants and Trespassers], but excluding amounts referred to in Section 8.11 8.3(d) [Effect of Insurance]) more than $250,000, provided that the limitations on the compensation and extensions of time available to Project Co from that otherwise available to Project Co in the event Co’s Entitlements Upon Occurrence of a Compensation Event, as set out in Sections 8.9(a)(i) and 8.9(a)(ii), shall not apply to the extent that such Protest Action arose, directly or indirectly, as a result of any Province Non-Excusable Event or as a result of actions taken or threatened to be taken by the Employees (as defined in the BCIB-Contractor Agreement)] more than $100,000 CAD. (b) Except as expressly provided in Section 8.9(a), 8.15 [Allocation of Risks of Participants and subject to Sections 8.4 and 8.5Trespassers], as between the Province and Project Co Co, during the Construction Period, Project Co shall bear, without recourse to the ProvinceProvince or any of the Province Indemnified Persons: (i) any Losses losses suffered by Project Co, its agents, Principal Contractors and Subcontractors Sub-contractors or employees of any of them; (ii) any Direct Losses suffered by the Province or any of the Province Indemnified Persons arising: (A) from any interference, obstruction, obstruction or other hindrance to the Project or any interference with or obstruction or other hindrance to the conduct of the Project WorkConstruction, including the presence of any Participant or Trespasser on any part of the Project Site or Facility during the Project Infrastructure;Construction Period (B) from any damage caused to the Project Infrastructure;Facility during the Construction Period (C) as a result of any measures taken by or on behalf of or at the request or direction of Project Co; orand/or (D) as a result of the failure by Project Co to take or cause to be taken measures which should have been taken, that are caused by any Participant or Trespasser, including any damage to property, any bodily injury or death, and any loss of income. (c) Nothing in this Section 8.9 shall affect: (i) any right of the Province or BCTFA to make or recover any Claim against any Participant or Trespasser for public nuisance or for damage suffered by the Province or BCTFA or their respective agents, contractors or subcontractors of any tier or any employees of any of them; or (ii) any right of Project Co to make or recover any Claim against any Participant or Trespasser for damage suffered by Project Co, its agents, Principal Contractors or Subcontractors or any employees of any of them.

Allocation of Risks of Participants and Trespassers. (a) In the event of any Protest Action, Project Co shall be entitled to compensation, extensions of time and other relief in respect thereof as a Compensation Event in accordance with this Part 8 and the following additional parameters: (i) Project Co shall only be entitled to extensions of time in respect of Protest Actions pursuant to Section 8.3(c) if and to the extent that Project Co establishes that the Participants in such Protest Action continue to occupy any part of the Project Site or the Project Infrastructure for a period of more than seven days after Project Co has exhausted all legal remedies available to it to seek injunctive relief or other interim judicial remedies from a Court of first instance to remove them and to enforce any injunction or other interim remedy granted by such Court to remove them (provided that for this purpose Project Co may but shall not be obligated to prosecute injunctive or other interim judicial remedies beyond the Court of first instance); and (ii) Project Co shall only be entitled to compensation in respect of Protest Actions pursuant to Section 8.3(b) if and, subject to Section 8.11 [Effect of Insurance], to the extent that Project Co establishes that it has incurred during the Term Direct Losses to mitigate the effects of Protest Actions, including: (A) the costs of exercising any legal remedy available to Project Co in respect of Protest Actions (including in accordance with its obligations under Section 8.8 [Responsibility for Participants and Trespassers]); (B) the increased costs, including financing costs, attributable to any extension of time to which Project Co is entitled; (C) the cost of remedying any damage caused by Protest Actions; and (D) the taking of any mitigation action in relation to Protest Actions, which aggregate (including amounts paid by way of indemnity under Section 8.8(d) but excluding amounts referred to in Section 8.11 [Effect of Insurance]) more than $250,000, provided that the limitations on the compensation and extensions of time available to Project Co from that otherwise available to Project Co in the event of a Compensation Event, as set out in Sections 8.9(a)(i) and 8.9(a)(ii), shall not apply to the extent that such Protest Action arose, directly or indirectly, as a result of any Province Non-Excusable Event or as a result of actions taken or threatened to be taken by the Employees (as defined in the BCIB-Contractor Agreement). (b) Except as expressly provided in Section 8.9(a), and subject to Sections 8.4 and 8.5, as between the Province and Project Co Project Co shall bear, without recourse to the Province: (i) any Losses suffered by Project Co, its agents, Principal Contractors and Subcontractors or employees of any of them; (ii) any Direct Losses suffered by the Province or any of the Province Indemnified Persons arising: (A) from any interference, obstruction, or other hindrance to the Project or to the conduct of the Project Work, including the presence of any Participant or Trespasser on the Project Site or the Project Infrastructure; (B) from any damage caused to the Project Infrastructure; (C) as a result of any measures taken by or on behalf of or at the request or direction of Project Co; orand/or (D) as a result of the failure by Project Co to take or cause to be taken measures which should have been taken, that are caused by any Participant or Trespasser, including any damage to property, any bodily injury or death, and any loss of income. (c) Nothing in this Section 8.9 shall affect: (i) any right of the Province or BCTFA to make or recover any Claim against any Participant or Trespasser for public nuisance or for damage suffered by the Province or BCTFA or their respective agents, contractors or subcontractors of any tier or any employees of any of them; or (ii) any right of Project Co to make or recover any Claim against any Participant or Trespasser for damage suffered by Project Co, its agents, Principal Contractors or Subcontractors or any employees of any of them.