Common use of Condition of the Lands Clause in Contracts

Condition of the Lands. Subject to Sections 11.6 (Repair of Damage – Construction Period) and 13.2(e) (Relief Event Defined), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the Construction Period, and shall: (a) subject to clause (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or caused directly by the Province or its employees, agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section 7.3 (Other Work by Province)) or those for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1 (Access and Use), Future Utilities (as defined in Section 4.7 (Utility, Railway and Drainage Agreements)), or a consent contemplated by the last sentence of Section 4.13 (Uninterrupted Access and Use); (b) dispose of garbage from the Lands and comply with any requirements in the Technical Requirements relating to garbage on the Lands; (c) not stockpile any material on the Lands except during the Construction Period or otherwise when carrying out construction activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws, with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement and to the extent not required to be dealt with to carry out the Project; and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its employees, agents or contractors (except the Contractor) or those for whom the Province is legally responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the Project. The Province acknowledges and agrees that neither the Project itself nor the observance and carrying out of the Technical Requirements by the Contractor shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.8 (Condition of the Lands).

Condition of the Lands. ‌ Subject to Sections 11.6 (Repair of Damage – Construction Period) 11.6, 11.7 and 13.2(e) (Relief Event Defined13.2(d), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the Construction Periodduration of this Agreement, and shall: (a) subject to clause (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its employees, agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section Sections 7.3 (Other Work by Province)or 11.7) or those for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1 (Access and Use)4.1, Future Utilities (as defined in Section 4.7 (Utility, Railway and Drainage Agreements)4.6), or a consent contemplated by the last sentence of Section 4.13 (Uninterrupted Access and Use)4.12; (b) dispose of garbage from the Lands and comply Lands, in accordance with any the requirements more particularly set out in the Technical Requirements relating to garbage on the LandsRequirements; (c) not stockpile any material on the Lands except during the Construction Period or during and for the purpose of doing renewal or otherwise when carrying out construction construction, maintenance or repair activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws), with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement and to the extent not provided that if such pre-existing Environmental Damage or Degradation is required to be dealt with in order to carry out the ProjectProject or the O&M, the Contractor shall do so and claim relief arising in connection therewith under Section 13.2(d); and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its employees, agents or contractors (except the ContractorContractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section 7.3 or 11.7) or those for whom the Province is legally responsibleresponsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.6), or a consent contemplated by the last sentence of Section 4.12; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the ProjectProject or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observance observing and carrying out of the Technical Requirements by the Contractor shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.8 4.7 nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (Condition e) of the Lands)this Section.

Condition of the Lands. Subject to Sections 11.6 (Repair of Damage – Construction Period) 11.7 and 13.2(e) (Relief Event Defined)11.8, and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the Construction Periodduration of this Agreement, and shall: (a) subject to clause (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or caused directly by the Province or its employees, agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section 7.3 (Other Work by Province)) or those others for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1 (Access and Use), Future Utilities (as defined in Section 4.7 (Utility, Railway and Drainage Agreements)), or a consent contemplated by the last sentence of Section 4.13 (Uninterrupted Access and Use)responsible; (b) dispose of garbage from the Lands and comply Lands, in accordance with any the requirements more particularly set out in the Technical Requirements relating to garbage on the LandsRequirements; (c) not stockpile any material on the Lands except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise when carrying out construction construction, maintenance or repair activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with rectify and remediate any Environmental Damage or Degradation to the Lands as required by applicable lawsLands, with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement and to the extent not required to be dealt with to carry out the ProjectAgreement; and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its employees, agents or contractors (except the Contractor) or those others for whom the Province is legally responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the ProjectProject or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observance observing and carrying out of the Technical Requirements by the Contractor (including without limitation the reasonable and prudent use of road salt) shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.8 4.9, nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (Condition e) of the Lands)this Section.

Condition of the Lands. Subject to Sections 11.6 (Repair of Damage – Construction Period) 11.7, 11.8, and 13.2(e) (Relief Event Defined), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the Construction Periodduration of this Agreement, and shall: (a) subject to clause (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or caused directly by the Province or its employees, agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Section 7.3 (Other Work by Province)Sections 7.3, 7.4 or 11.8) or those others for whom the Province is legally responsible or caused directly by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1 (Access and Use)4.1, Future Utilities (as defined in Section 4.7 (Utility, Railway and Drainage Agreements)4.8), or a consent contemplated by the last sentence of Section 4.13 (Uninterrupted Access and Use)4.14; (b) dispose of garbage from the Lands and comply Lands, in accordance with any the requirements more particularly set out in the Technical Requirements relating to garbage on the LandsRequirements; (c) not stockpile any material on the Lands except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise when carrying out construction construction, maintenance or repair activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws, with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement and to the extent not required to be dealt with to carry out the ProjectAgreement; and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its employees, agents or contractors (except the Contractor) or those others for whom the Province is legally responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the ProjectProject or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observance observing and carrying out of the Technical Requirements by the Contractor (including without limitation, the reasonable and prudent use of road salt) shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.8 4.9, nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (Condition e) of the Lands)this Section.