Assumption of Work. Upon any termination pursuant to this Section 22.3, Owner may, at its option, elect to: (i) assume responsibility for and take title to and possession of the Facility, Work performed on or before the termination date (including Work performed but not yet delivered), Equipment remaining at the Site and Nearby Work Areas, and Equipment located outside the Site and Nearby Work Areas which is intended to be incorporated into the Facility; and (ii) subject to Section 3.7(e) of this Agreement, succeed automatically, without the necessity of any further action by Contractor, to the interests of Contractor in any or all Subcontracts entered into by Contractor with respect to the Work for which Owner, at its sole option, elects to succeed, and upon such election, as between Owner and Contractor, Owner shall be required to compensate such Subcontractors only for compensation becoming due and payable to such Subcontractors under the terms of their Subcontracts with Contractor from and after the effective date of termination. In the event of any termination pursuant to this Section 22.3, Owner may, at its option, finish the Work and other work by whatever method Owner may deem expedient.
Assumption of Work. The works shall not be assumed by the Municipality until the adjoining subdivision (County file no. 39T-SC1601) first phase, or whichever phase abuts the Xxxxxxx Xxxx extension is assumed by the Municipality via by-law. The Owner shall be responsible for the maintenance and all costs associated with the Xxxxxxx Xxxx extension until assumed by the Municipality. The works shall not be assumed until all work is complete to the satisfaction of the Municipality.
Assumption of Work. Upon any termination pursuant to this Section 22.2, Owner may, at its option, elect to: (i) assume responsibility for and take title to and possession of the Facility, Work performed on or before the termination date (including Work performed but not yet delivered), Equipment remaining at the Site and Nearby Work Areas, and Equipment located outside the Site or Nearby Work Areas which is intended to be incorporated into the Facility; (ii) utilize any of Contractor’s Construction Equipment or tools at the Site or Nearby Work Areas (subject to the exclusion set forth in Section 22.2(d)); and (iii) subject to Section 3.7(e) of this Agreement, succeed automatically, without the necessity of any further action by Contractor, to the interests of Contractor in any or all Subcontracts entered into by Contractor with respect to the Work for which Owner, at its sole option, elects to succeed, and upon such election, as between Owner and Contractor, Owner shall be required to compensate such Subcontractors only for compensation becoming due and payable to such Subcontractors under the terms of their Subcontracts with Contractor from and after the date Owner elects to succeed to the interests of Contractor in such Subcontracts. In the event of any termination pursuant to this Section 22.2, Owner may, at its option, finish the Work and other work by whatever method Owner may deem expedient.
