Construction Lien Act (Ontario. (a) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA and, for the purposes of the CLA, any contract for the performance of the Works entered into by and between Project Co and any Subcontractor in relation to the performance of the Works shall be considered a “contract” as defined in the CLA.
Construction Lien Act (Ontario. (a) The Parties acknowledge that Section 17.2 shall apply to claims for liens made against the Lands pursuant to the CLA and shall also apply to claims made against Contracting Authority or the holdback under the CLA as though such a claim were an Encumbrance against the Lands as referred to therein.
(b) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA.
(c) Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under section 33(1) of the CLA for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(d) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
(e) Project Co shall promptly provide Contracting Authority with a copy of any materials which are provided to the Lenders to evidence compliance with the CLA.
(f) Upon request by Contracting Authority, Project Co shall perform and deliver to Contracting Authority a sub-search of title on the Lands or any part thereof. Contracting Authority shall pay the reasonable costs of any such search except (i) a search that reveals Encumbrances that are not permitted by this Project Agreement, (ii) a search requested based on a reasonable suspicion that an Encumbrance that is not permitted by this Project Agreement has been registered on title to the Lands, and (iii) a search requested for the purpose of confirming that an Encumbrance that is not permitted by this Project Agreement has been discharged from title to the Lands.
(g) Project Co shall cause a Payment Certifier to be appointed under the Design and Construction Contract and shall cause such Payment Certifier to certify the substantial performance of the Design and Construction Contract in accordance with the CLA.
Construction Lien Act (Ontario. (a) The Parties acknowledge that Section 15.2 shall apply to claims for liens made against the Lands pursuant to the CLA and shall also apply to claims made against the City or the holdback under the CLA as though such a claim were an Encumbrance against the Lands as referred to therein.
(b) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA.
(c) Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under Section 33(1) of the CLA for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
Construction Lien Act (Ontario. (a) The Parties acknowledge that the foregoing provisions of Section 15.2 shall apply to claims for lien made upon or against the Site pursuant to the CLA and shall also apply to claims made against HHS or the holdback under the CLA as though such a claim were an Encumbrance against the Site as referred to therein.
(b) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA.
(c) Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under Section 33(1) of the CLA for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(d) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
Construction Lien Act (Ontario. (a) The Parties acknowledge that the provisions of Section 15.2 shall apply to claims for lien made upon or against any Site pursuant to the CLA and shall also apply to claims made against IO or for the holdback under the CLA as though such a claim were an Encumbrance against the Site as referred to therein.
(b) Project Co shall withhold from each Project Co Party the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA.
(c) In furtherance of Section 15.3(b), Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under Section 33(1) of the CLA for such Subcontract be issued and the relevant Project Co Party provide statutory declarations or other assurances confirming that all those engaged by the Project Co Party have been paid in accordance with Applicable Law.
(d) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
(e) Pursuant to Section 20(2) of the CLA, the Parties agree that Section 20(1) of the CLA does not apply and no general lien arises under or in respect of the Works and that all liens shall arise and expire on a lot-by-lot basis, which, in the context of this Project Agreement, shall mean on a Facility-by-Facility basis.
Construction Lien Act (Ontario. (a) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA and, for the purposes of the CLA, any contract for the performance of the Works entered into by and between Project Co and any Subcontractor in relation to the performance of the Works shall be considered a “contract” as defined in the CLA.
(b) In furtherance of Section 17.3(a), Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under Section 33(1) of the CLA for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(c) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
(d) Project Co and the CTC agree to comply with the requirements of the CLA with respect to each Site, Facility and the Project whether or not any part of a Site, the Facility or the Project is subject to the provisions of the CLA. For greater certainty, Project Co and the CTC hereby covenant and agree to assume and undertake the same obligations that would exist if the Project was subject to the CLA with respect to any part or parts of the Site, the Facility or Project to which the CLA does not apply.
(e) Notwithstanding anything to the contrary in this Project Agreement, in the event that:
(i) a claim for a construction lien arising in relation to the performance of the Works is registered against the Site or the Facility, and unless Project Co makes alternative arrangements to bond or otherwise secure the amount of the lien claim and costs associated therewith satisfactory to the CTC, acting reasonably, or
(ii) the CTC receives any written notice of lien arising in relation to the performance of the Works, the CTC shall be entitled to withhold such portion of any payment otherwise due to Project Co in an amount the CTC reasonably determines would be required to satisfy the applicable lien claimant and any costs and expenses incurred by the CTC in connection therewith, including such amount on account of costs of the lien claimant such that the CTC may, upon payment of the amount of the lien claim together with such costs into court, obtai...
Construction Lien Act (Ontario. Comply with the provisions of the Construction Lien Act (Ontario), including, without limitation, retaining the Holdbacks as required thereby; and
Construction Lien Act (Ontario. (a) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA.
(b) In furtherance of Section 17.3(a), Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the CLA, require that a certificate of completion under Section 33(1) of the CLA for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(c) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
(d) Project Co and the College agree to comply with the requirements of the CLA with respect to the Site, the Facility, the Existing Facilities and the Project whether or not any part of the Site, the Facility, the Existing Facilities or the Project is subject to the provisions of the CLA. For greater certainty, Project Co and the College hereby covenant and agree to assume and undertake the same obligations that would exist if the Project was subject to the CLA with respect to any part or parts of the Site, the Facility, the Existing Facilities or Project to which the CLA does not apply.
Construction Lien Act (Ontario. The Borrower shall comply with, or cause to be complied with, the provisions of the Construction Lien Act (Ontario) and shall pay or cause to be paid from time to time when the same shall be due all claims and demands of constructors, subcontractors, labourers, suppliers of materials, builders, workmen and others, which, if unpaid, might result in, or permit the creation of, a construction lien on the Site Lands or the Plant or any part thereof or on the revenues, income and profits arising therefrom. If a construction lien, other than a Permitted Lien, is registered against title to the Site Lands or the interest of the Borrower, and the Borrower is liable for the satisfaction and removal of such construction lien under the Project Documents, the Borrower shall promptly pay and discharge same. If the Borrower bona fide disputes the validity or correctness of a registered construction lien and the Borrower is liable for the satisfaction and removal of such construction lien under the Project Documents, it may contest such construction lien in any manner properly contemplated by the laws of the Province of Ontario, provided it promptly discharges or vacates, or cause to be discharged or vacated, the construction lien from the title to the Site Lands or the Plant or the interest of the Borrower therein, by posting of a bond, or by payment into court of such amount as is necessary to obtain such discharge and removal.
Construction Lien Act (Ontario. (a) The Parties acknowledge that the foregoing provisions of Section 15.2 shall apply to claims for lien made upon or against the Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against MHCP or the holdback under the Construction Lien Act (Ontario) as though such a claim were an Encumbrance against the Site as referred to therein.
(b) Project Co shall withhold from each Subcontractor the holdbacks required under the Construction Lien Act (Ontario) and shall deal with such holdbacks in accordance with the Construction Lien Act (Ontario).
(c) Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the Construction Lien Act (Ontario), require that a certificate of completion under Section 33(1) of the Construction Lien Act (Ontario) for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(d) Project Co shall follow the requirements of the Construction Lien Act (Ontario) and Good Industry Practice for posting and advertising certificates of completion when issued.
