Common use of CONSTRUCTION AND FINANCE OBLIGATIONS Clause in Contracts

CONSTRUCTION AND FINANCE OBLIGATIONS. 20 4.1 Project Co and Contractor Construction and Financing 20 ARTICLE 5 - COMMUNICATIONS PROTOCOL AND CONFIDENTIALITY 20 5.1 Communications Protocol 20 5.2 FIPPA 21 5.3 Redaction Publication 22 5.4 Use and Disclosure of Confidential Information 22 5.5 Exceptions 23 5.6 Survival of Confidentiality 23 ARTICLE 6 - ASSIGNMENT, SUBCONTRACTING AND CHANGES IN CONTROL 24 6.1 Contracting Parties Assignment 24 6.2 Hospital Assignment 24 ARTICLE 7 - NOTICES 25 7.1 Notices to Parties 25 7.2 Facsimile 26 7.3 Change of Address 26 7.4 Deemed Receipt of Notices 26 ARTICLE 8 - GENERAL 26 8.1 Amendments 26 8.2 Waiver 26 8.3 Relationship Between the Parties 27 8.4 Entire Agreement 27 8.5 No Reliance 27 8.6 Severability 27 8.7 Enurement 28 8.8 Governing Law and Jurisdiction 28 8.9 Cumulative Remedies 28 8.10 Further Assurance 28 8.11 Costs 28 8.12 Proof of Authority 28 8.13 Counterparts 29 8.14 Time is of the Essence 29 8.15 Language of Agreement 29 SCHEDULES Schedule 1 - Form of Construction Contract Schedule 2 - Form of Limited Assignment of Construction Contract Schedule 3 - Form of Lender’s Direct Agreement Schedule 4 - [INTENTIONALLY DELETED] Schedule 5 - [REDACTED] PROJECT AGREEMENT THIS PROJECT AGREEMENT is made as of the 23rd day of April, 2007. BETWEEN: SUNNYBROOK HEALTH SCIENCES CENTRE, a non-share capital corporation incorporated under the laws of the Province of Ontario (“Hospital”) AND: AND: VANBOTS CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Contractor”) VANBROOK CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Project Co”).

CONSTRUCTION AND FINANCE OBLIGATIONS. 20 4.1 Project Co and Contractor Construction and Financing 20 ARTICLE 5 - COMMUNICATIONS PROTOCOL AND CONFIDENTIALITY 20 5.1 Communications Protocol 20 5.2 FIPPA 21 5.3 Redaction Publication 22 5.4 Use and Disclosure of Confidential Information 22 5.5 Exceptions 23 5.6 Survival of Confidentiality 23 ARTICLE 6 - ASSIGNMENT, SUBCONTRACTING AND CHANGES IN CONTROL 24 6.1 Contracting Parties Assignment 24 6.2 Hospital Assignment 24 ARTICLE 7 - NOTICES 25 7.1 Notices to Parties 25 7.2 Facsimile 26 7.3 Change of Address 26 7.4 Deemed Receipt of Notices 26 ARTICLE 8 - GENERAL 26 8.1 Amendments 26 8.2 Waiver 26 8.3 Relationship Between the Parties 27 8.4 Entire Agreement 27 8.5 No Reliance 27 8.6 Severability 27 8.7 Enurement 28 8.8 Governing Law and Jurisdiction 28 8.9 Cumulative Remedies 28 8.10 Further Assurance 28 8.11 Costs 28 8.12 Proof of Authority 28 8.13 Counterparts 29 8.14 Time is of the Essence 29 8.15 Language of Agreement 29 SCHEDULES Schedule 1 - Form of Construction Contract Schedule 2 - Form of Limited Assignment of Construction Contract Schedule 3 - Form of Lender’s Direct Agreement Schedule 4 - [INTENTIONALLY DELETED] Schedule 5 - [REDACTED] PROJECT AGREEMENT THIS PROJECT AGREEMENT is made as of the 23rd day of April, 2007. BETWEEN: SUNNYBROOK HEALTH SCIENCES CENTRE, a non-share capital corporation incorporated under the laws of the Province of Ontario (“Hospital”) AND: AND: VANBOTS CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Contractor”) VANBROOK CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Project Co”).:

CONSTRUCTION AND FINANCE OBLIGATIONS. 20 17 4.1 Project Co and Contractor Construction and Financing 20 17 ARTICLE 5 - COMMUNICATIONS PROTOCOL AND CONFIDENTIALITY 20 17 5.1 Communications Protocol 20 17 5.2 FIPPA 21 18 5.3 Redaction Publication 22 18 5.4 Use and Disclosure of Confidential Information 22 19 5.5 Exceptions 23 20 5.6 Survival of Confidentiality 23 20 ARTICLE 6 - ASSIGNMENT, SUBCONTRACTING AND CHANGES IN CONTROL 24 21 6.1 Contracting Parties Assignment 24 21 6.2 Hospital Assignment 24 21 ARTICLE 7 - NOTICES 25 22 7.1 Notices to Parties 25 22 7.2 Facsimile 26 22 7.3 Change of Address 26 22 7.4 Deemed Receipt of Notices 26 23 ARTICLE 8 - GENERAL 26 23 8.1 Amendments 26 23 8.2 Waiver 26 23 8.3 Relationship Between the Parties 27 Parties. 23 8.4 Entire Agreement 27 24 8.5 No Reliance 27 24 8.6 Severability 27 24 8.7 Enurement 28 24 8.8 Governing Law and Jurisdiction 28 25 8.9 Cumulative Remedies 28 25 8.10 Further Assurance 28 25 8.11 Costs 28 25 8.12 Proof of Authority 28 25 8.13 Counterparts 29 25 8.14 Time is of the Essence 29 8.15 Language of Agreement 29 26 SCHEDULES Schedule 1 - Form of Construction Contract Schedule 2 - Form of Limited Assignment of Construction Contract Schedule 3 - Form of Lender’s Direct Agreement Schedule 4 - [INTENTIONALLY DELETED] Form of Multiple Obligee Rider for Performance Bond Schedule 5 - [REDACTEDDELETED] PROJECT AGREEMENT THIS PROJECT AGREEMENT is made as of the 23rd 19th day of AprilJanuary, 2007. 2007 BETWEEN: SUNNYBROOK HEALTH SCIENCES CENTREQUINTE HEALTHCARE CORPORATION, a non-share capital corporation incorporated under the laws of the Province of Ontario (“Hospital”) AND: AND: VANBOTS CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Contractor”) VANBROOK CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“Project Co”).:

CONSTRUCTION AND FINANCE OBLIGATIONS. 20 16 4.1 Project Co and Contractor Construction and Financing 20 16 4.2 Early Works 17 ARTICLE 5 - COMMUNICATIONS PROTOCOL AND CONFIDENTIALITY 20 17 5.1 Communications Protocol 20 17 5.2 FIPPA 21 18 5.3 Redaction Publication 22 19 5.4 Use and Disclosure of Confidential Information 22 19 5.5 Exceptions 23 20 5.6 Survival of Confidentiality 23 20 ARTICLE 6 - ASSIGNMENT, SUBCONTRACTING AND CHANGES IN CONTROL 24 21 6.1 Contracting Parties Assignment 24 21 6.2 Hospital OIPC Assignment 24 21 ARTICLE 7 - NOTICES 25 22 7.1 Notices to Parties 25 22 7.2 Facsimile 26 22 7.3 Change of Address 26 22 7.4 Deemed Receipt of Notices 26 22 ARTICLE 8 - GENERAL 26 23 8.1 Amendments 26 23 8.2 Waiver 26 23 8.3 Relationship Between the Parties 27 23 8.4 Entire Agreement 27 23 8.5 No Reliance 27 23 8.6 Severability 27 24 8.7 Enurement 28 24 8.8 Governing Law and Jurisdiction 28 24 8.9 Cumulative Remedies 28 24 8.10 Further Assurance 28 24 8.11 Costs 28 25 8.12 Proof of Authority 28 25 8.13 Counterparts 29 8.14 Time is of the Essence 29 25 8.14 Counterparts 25 8.15 Language of Agreement 29 25 SCHEDULES Schedule 1 - Form of Construction Contract Schedule 2 - Form of Limited Assignment of Construction Contract Schedule 3 - Form of Lender’s 's Direct Agreement Schedule 4 - [INTENTIONALLY DELETED] Schedule 5 - [REDACTED] PROJECT AGREEMENT THIS PROJECT AGREEMENT is made as of the 23rd 20th day of AprilMarch, 2007. 2007 BETWEEN: SUNNYBROOK HEALTH SCIENCES CENTREONTARIO INFRASTRUCTURE PROJECTS CORPORATION, as agent for Her Majesty The Queen in Right of Ontario as represented by the Minister of Public Infrastructure Renewal ("OIPC") AND: AND: BIRD CONSTRUCTION COMPANY, a non-share capital corporation incorporated limited partnership created under the laws of the Province of Ontario represented by its general partner, BIRD MANAGEMENT LTD. (“Hospital”"Contractor") AND: AND: VANBOTS CONSTRUCTION CORPORATIONBIRD GTAYC INC., a corporation incorporated under the laws of the Province of Ontario (“Contractor”) VANBROOK CONSTRUCTION CORPORATION, a corporation incorporated under the laws of the Province of Ontario (“"Project Co”").