Common use of CONSTRUCTION BY OWNER OR OTHER CONTRACTORS Clause in Contracts

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work and the safety training in respect of the work of Owner‟s other contractors or Owner‟s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s own forces, Owner shall: (i) cause Owner‟s other contractors or Owner‟s own forces to comply with: (A) the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s own forces with the Work to be performed under this Project Agreement; and (B) all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s other contractors or Owner‟s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s own forces, Project Co shall: (i) provide for the coordination and scheduling of the activities and work of Owner‟s other contractors and Owner‟s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s other contractors or Owner‟s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies; (v) subject to Section 11.6, for Owner‟s own forces and for Owner‟s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s other contractors or Owner‟s own forces. If: (i) any of Owner‟s other contractors or Owner‟s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s other contractors or Owner‟s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s other contractors or Owner‟s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s own forces or by Owner‟s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s own forces or by Owner‟s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work Work and the safety training in respect of the work Work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Xxxxx’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s Owner’s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work Work and the safety training in respect of the work Work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate.Owner’s (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) The Owner reserves the right to award separate contracts in connection with work related to other parts of the Project to other contractors and to perform work related to the Project with its own forcesPersonnel. Owner may assign the coordination and scheduling of the Such work and the safety training in respect of the work of Owner‟s by other contractors or Owner‟s own forces Owner’s Personnel may include utility relocation and surveying, testing, sampling and quality assurance estimates prior to, and possibly during, the Work. Subject to Project Co. (b) When and without limitation to 4.2 – HEALTH AND SAFETY, when separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s own forces, Owner shall: (i) cause Owner‟s other contractors or Owner‟s own forces to comply with: (A) the instructions parts of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s own forces with the Work to be performed under this Project Agreement; and (B) all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s other contractors or Owner‟s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s own forcesthe Owner’s Personnel, Project Co the Contractor shall: (i) provide for the coordination : co-ordinate, schedule and scheduling of sequence the activities and work of Owner‟s other contractors and Owner‟s own forces Owner's Personnel on the Project with the Work to be performed under this Project Agreement; (ii) afford Owner Work; and Owner‟s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s other contractors or Owner‟s own forces, promptly report to the Consultant Contract Administrator in writing writing, and in no event later than within five (5) Working Days of discovery thereof, any apparent deficiencies in the work of other contractors or of the Owner’s Personnel, where such work affects the proper execution of any portion of the Work, prior to proceeding with that part portion of the Work, any readily apparent deficiencies in such work. Failure by Project Co the Contractor to so report shall invalidate any claims Claims against the Owner by reason of such readily apparent deficiencies; (v) subject to Section 11.6, for Owner‟s own forces and for Owner‟s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors deficiencies in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s other contractors or Owner‟s own forces. If: (i) any of Owner‟s Owner’s Personnel except those deficiencies not then reasonably discoverable, Where the Agreement identifies work to be performed by other contractors or Owner‟s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in Owner’s Personnel, the Contractor shall co-ordinate the Construction Schedule as a result (and access to the Site) with the work of any of Owner‟s other contractors or Owner‟s own forces not complying with and the coordination, scheduling Owner’s Personnel so as to mitigate the risk of delay and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in disruption under the Construction Schedule as a result of any work done by Owner‟s Agreement and for the other contractors or Owner‟s own forces (other than work that is described in and the Contract Documents and performed by such other contractors or Owner‟s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, ’s Personnel. Disputes and other matters in question between Project Co the Contractor and Owner‟s other contractors shall be dealt with as provided in substantially 12. DISPUTE RESOLUTION provided the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractorsobligations. Project Co The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and . Notwithstanding that the Owner may award separate contracts in connection with other parts of the Project to other contractors and perform work performed by Owner‟s own forces or by Owner‟s other contractorswith its Personnel, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application performance of such work or connection of such work onto the Work, by Owner‟s own forces the Owner’s Personnel or by Owner‟s other contractors on contractors, will not limit or relieve the Contractor of its obligations and to responsibilities under the Work performed Agreement (including warranty) unless a Deficiency has been created by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claimthe Owner’s Personnel or Owner’s other contractors.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) The Owner reserves the right to award separate contracts in connection with work related to other parts of the Project to other contractors and to perform work related to the Project with its own forcesPersonnel. Owner may assign the coordination and scheduling of the Such work and the safety training in respect of the work of Owner‟s by other contractors or Owner‟s own forces Owner’s Personnel may include utility relocation and surveying, testing, sampling and quality assurance estimates prior to, and possibly during, the Work. Subject to Project Co. (b) When and without limitation to 4.2 – HEALTH AND SAFETY, when separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s own forces, Owner shall: (i) cause Owner‟s other contractors or Owner‟s own forces to comply with: (A) the instructions parts of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s own forces with the Work to be performed under this Project Agreement; and (B) all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s other contractors or Owner‟s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s own forcesthe Owner’s Personnel, Project Co the Contractor shall: (i) provide for the coordination : co-ordinate, schedule and scheduling of sequence the activities and work of Owner‟s other contractors and Owner‟s own forces Owner's Personnel on the Project with the Work to be performed under this Project Agreement; (ii) afford Owner Work; and Owner‟s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s other contractors or Owner‟s own forces, promptly report to the Consultant Contract Administrator in writing writing, and in no event later than within five (5) Working Days of discovery thereof, any apparent deficiencies in the work of other contractors or of the Owner’s Personnel, where such work affects the proper execution of any portion of the Work, prior to proceeding with that part portion of the Work, any readily apparent deficiencies in such work. Failure by Project Co the Contractor to so report shall invalidate any claims Claims against the Owner by reason of such readily apparent deficiencies; (v) subject to Section 11.6, for Owner‟s own forces and for Owner‟s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors deficiencies in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s other contractors or Owner‟s own forces. If: (i) any of Owner‟s Owner’s Personnel except those deficiencies not then reasonably discoverable, Where the Agreement identifies work to be performed by other contractors or Owner‟s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in Owner’s Personnel, the Contractor shall co-ordinate the Construction Schedule as a result (and access to the Site) with the work of any of Owner‟s other contractors or Owner‟s own forces not complying with and the coordination, scheduling Owner’s Personnel so as to mitigate the risk of delay and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in disruption under the Construction Schedule as a result of any work done by Owner‟s Agreement and for the other contractors or Owner‟s own forces (other than work that is described in and the Contract Documents and performed by such other contractors or Owner‟s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, ’s Personnel. Disputes and other matters in question between Project Co the Contractor and Owner‟s other contractors shall be dealt with as provided in substantially 12.. DISPUTE RESOLUTION provided the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractorsobligations. Project Co The Contractor shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with the Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and . Notwithstanding that the Owner may award separate contracts in connection with other parts of the Project to other contractors and perform work performed by Owner‟s own forces or by Owner‟s other contractorswith its Personnel, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application performance of such work or connection of such work onto the Work, by Owner‟s own forces the Owner’s Personnel or by Owner‟s other contractors on contractors, will not limit or relieve the Contractor of its obligations and to responsibilities under the Work performed Agreement (including warranty) unless a Deficiency has been created by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claimthe Owner’s Personnel or Owner’s other contractors.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work and the safety training in respect of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractorsobligations. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work Work and the safety training in respect of the work Work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s Owner’s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work and the safety training in respect of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Xxxxx’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s other contractorsobligations. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work Work and the safety training in respect of the work Work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Xxxxx’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – - Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s Owner’s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.

CONSTRUCTION BY OWNER OR OTHER CONTRACTORS. (a) Owner reserves the right to award separate contracts in connection with work related to the Project to other contractors and to perform work related to the Project with its own forces. Owner may assign the coordination and scheduling of the work and the safety training in respect of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to Project Co. (b) When separate contracts are awarded for work related to the Project, or when such work is performed by Owner‟s Owner’s own forces, Owner shall: (i) cause Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces to comply with: (A) with the instructions of Project Co relating to coordination and scheduling of the activities and work of such contractors or Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; ; (ii) enter into separate contracts with other contractors under conditions of contract which are compatible with the conditions of this Project Agreement and (Bprovide for compliance by such other contractors with Section 11.19(c) and all directions of Project Co in respect of any matter regarding site safety or health and safety; (ii) [Intentionally Deleted] (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Work and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the work of Xxxxx‟s Owner’s other contractors or Owner‟s Owner’s own forces. (c) When separate contracts are awarded for work related to the Project, or when work is performed by Owner‟s Owner’s own forces, Project Co shall: (i) subject to the performance by Owner of its obligations under Section 11.19(b)(i) and 11.19(b)(ii), provide for the coordination and scheduling of the activities and work of Owner‟s Owner’s other contractors and Owner‟s Owner’s own forces with the Work to be performed under this Project Agreement; (ii) afford Owner and Owner‟s Owner’s other contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute their work; (iii) participate with Owner‟s Owner’s other contractors and Owner in reviewing their construction schedules when directed to do so by Owner, the Owner‟s Owner’s Project Manager and/or the Consultant; (iv) where part of the Work is affected by or depends upon, for its proper execution, the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces, promptly report to the Consultant in writing and prior to proceeding with that part of the Work, any readily apparent deficiencies in such work. Failure by Project Co to so report shall invalidate any claims against Owner by reason of such readily apparent deficiencies;; and (v) subject to Section 11.6, for Owner‟s Owner’s own forces and for Owner‟s Owner’s other contractors, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the „constructor‟ ‘constructor’ under the Occupational Health and Safety Act (Ontario); and (vi) respond to and support Owner and Owner‟s own forces or contractors in a timely manner so as not to delay their work relating to planning, scheduling or implementation of their work relating to the Project. (d) Project Co shall not be responsible for any failure in the performance of the work of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces. If: (i) any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces cause any damage to the Work; (ii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any of Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) Project Co incurs any additional costs or there is any delay in the Construction Schedule as a result of any work done by Owner‟s Owner’s other contractors or Owner‟s Owner’s own forces (other than work that is described in the Contract Documents and performed by such other contractors or Owner‟s Owner’s own forces in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with Owner), Project Co shall be entitled to compensation in respect of such damage or for such increased costs and to an extension of time for such delay, in each case, authorized and valued as a Change Order in the manner set forth in Schedule 11 – Change Procedure. (e) Claims, disputes, and other matters in question between Project Co and Owner‟s Owner’s other contractors shall be dealt with in substantially the same manner as contemplated in Schedule 14 – - Dispute Resolution Procedure, provided Owner‟s Owner’s other contractors have reciprocal obligations and Owner has made commercially reasonable efforts to ensure that such provisions are included in the contracts with Owner‟s Owner’s other contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with Owner contains a similar agreement to arbitrate. (f) Placing, installing, application and connection of the work performed by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors, on and to the Work performed by Project Co will not relieve Project Co from the responsibility to provide and maintain the specified warranties with respect to the Work, except to the extent that the placing, installing, application or connection of such work by Owner‟s Owner’s own forces or by Owner‟s Owner’s other contractors on and to the Work performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim.