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.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
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.
(cb) 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 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.
(dc) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.
(ed) Project Co shall promptly provide Contracting Authority and the CTC agree to comply with a copy the requirements of any materials which are provided the CLA with respect to the Lenders Site, the Facility and the Project whether or not any part of the Site, the Facility or the Project is subject to evidence compliance with 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.
(fe) Upon request by Contracting Authority, Project Co shall perform and deliver Notwithstanding anything 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 contrary in this Project Agreement, in the event that: (iia) a search requested based on claim for a reasonable suspicion that construction lien is registered against the Site, Facility or the Existing Facilities due to an Encumbrance that is not permitted by this act or omission of Project Agreement has been registered on title Co or any Project Co Party, 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 LandsCTC, 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.acting reasonably, or
Appears in 1 contract
Samples: Project Agreement
Construction Lien Act (Ontario. (a) The Parties acknowledge that the foregoing provisions of Section 17.2 shall apply to claims for liens lien made against the Lands Site pursuant to the CLA and shall also apply to claims made against Contracting Authority HMQ or for the holdback under the CLA as though such a claim were an Encumbrance against the Lands 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 and for the purposes of the CLA, the contracts 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.
(c) In furtherance of Section 17.3(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 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 and HMQ agree to comply with a copy the requirements of any materials which are provided the CLA with respect to the Lenders Site and the Project whether or not any part of the Site or the Project is subject to evidence compliance with the provisions of the CLA. For greater certainty, Project Co and HMQ hereto 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 or Project to which the CLA does not apply.
(f) Upon request by Contracting AuthorityThe Parties acknowledge and agree that this Project Agreement describes the agreements, obligations and undertakings of the Parties in respect of two separate improvements (as defined in the CLA), being the Works (excluding the Post Games Works) and the Post Games Works, which shall be completed in two separate phases as described in the recitals to this Project Co shall perform and deliver Agreement. Accordingly, notwithstanding that all Works are 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 be performed under this Project Agreement, the Works (iiexcluding the Post Games Works) 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 and the LandsPost Games Works shall be considered two separate improvements under two separate contracts for the purposes of the CLA, including for the determination of relevant dates of “substantial performance” and “completion” (as such terms are defined in the CLA), the retention and release of statutory holdbacks under Part IV of the CLA, and the requirement to file a Notice of Project and designate a constructor under the Occupational Health and Safety Act (iii) a search requested for the purpose of confirming Ontario). For clarity, nothing in this Section 17.3 is intended to waive any rights 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 or any other person may have 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.
Appears in 1 contract
Samples: Project Agreement
Construction Lien Act (Ontario. (a) The Parties acknowledge that the foregoing provisions of Section 17.2 15.2 shall apply to claims for liens lien made upon or against the Lands Sites pursuant to the CLA Construction Lien Act (Ontario) and shall also apply to claims made against Contracting Authority SJHC or the holdback under the CLA Construction Lien Act (Ontario) as though such a claim were an Encumbrance against the Lands Sites as referred to therein.
(b) Project Co shall withhold from each Subcontractor the holdbacks required under the CLA Construction Lien Act (Ontario) and shall deal with such holdbacks in accordance with the CLAConstruction Lien Act (Ontario) and for the purposes of the Construction Lien Act (Ontario), the contracts 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 Construction Lien Act (Ontario).
(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 CLAConstruction Lien Act (Ontario) , require that a certificate of completion under section Section 33(1) of the CLA 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 CLA Construction Lien Act (Ontario) and Good Industry Practice for posting and advertising certificates of completion when issued.
(e) Project Co Pursuant to Section 20(2) of the Construction Lien Act (Ontario), the Parties agree that Section 20(1) of the Construction Lien Act (Ontario) does not apply and no general lien arises under or in respect of the Works and that all liens shall promptly provide Contracting Authority with arise and expire on a copy lot-by- lot basis, which, in the context 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 shall mean on a reasonable suspicion that an Encumbrance that is not permitted by this Project Agreement has been registered on title to the LandsRMHC, London Facility 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 LandsRMHC, St. Xxxxxx Xxxxxxxx basis.
(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.
Appears in 1 contract
Samples: Project Agreement
