Common use of Contamination Clause in Contracts

Contamination. (a) The College shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College Representative and shall comply with all Applicable Law in respect thereof at the College’s cost pursuant to Section 18.2(d). (c) In the event that the College wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College shall issue an instruction to Project Co specifying what action the College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College CTC shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College CTC is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College CTC Representative and shall comply with all Applicable Law in respect thereof at the CollegeCTC’s cost pursuant to Section 18.2(d). (c) In the event that the College CTC wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College CTC shall issue an instruction to Project Co specifying what action the College CTC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeCTC’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College CTC is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College WGH shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described disclosed in, or was properly inferable, readily apparent or readily discoverable could have been reasonably anticipated from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent reasonably discovered or readily discoverable anticipated on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence of the Site, including as referred to in Section 16.1; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College WGH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College WGH Representative and shall comply with all Applicable Law in respect thereof at the College’s WGH's cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College WGH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College WGH shall issue an instruction to Project Co specifying what action the College WGH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s WGH's cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College WGH is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3039, be treated as a Delay Event and, subject to and in accordance with Section 3140, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College JBH shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence in accordance with Good Industry Practice, including as referred to in Section 18.1, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College JBH is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College JBH Representative and shall comply with all Applicable Law in respect thereof at the CollegeJBH’s cost pursuant to Section 18.2(d). (c) In the event that the College JBH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College JBH shall issue an instruction to Project Co specifying what action the College JBH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeJBH’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College JBH is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event. (a) As between the Parties, all fossils, artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Site are or shall be the sole and absolute property of JBH. (b) Upon the discovery of any item referred to in Section 18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the JBH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including the Funeral, Burial and Cremation Services Xxx 0000 (Ontario) and the Heritage Guidelines and Protocols. (c) In the event that JBH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.3(b), then JBH shall issue an instruction to Project Co specifying what action JBH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 18.3(b) and 18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Article 30, be treated as a Delay Event and, subject to and in accordance with Article 31, be treated as a Compensation Event.

Contamination. ‌ (a) The College shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination:Contamination:‌ (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College Representative and shall comply with all Applicable Law in respect thereof at the College’s cost pursuant to Section 18.2(d).18.2(d).‌ (c) In the event that the College wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College shall issue an instruction to Project Co specifying what action the College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s cost pursuant to Section 18.2(d).18.2(d).‌ (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.Event.‌

Contamination. (a) The College HRRH shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports and Designated Substance Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College HRRH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College HRRH Representative and shall comply with all Applicable Law in respect thereof at the CollegeHRRH’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College HRRH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College HRRH shall issue an instruction to Project Co specifying what action the College HRRH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeHRRH’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College HRRH is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College Contracting Authority shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence in accordance with Good Industry Practice, including as referred to in Section 18.1, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College Contracting Authority is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College Contracting Authority Representative and shall comply with all Applicable Law in respect thereof at the CollegeContracting Authority’s cost pursuant to Section 18.2(d). (c) In the event that the College Contracting Authority wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College Contracting Authority shall issue an instruction to Project Co specifying what action the College Contracting Authority requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeContracting Authority’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolitionDemolition, extension or variation in the Works as a result of Contamination for which the College Contracting Authority is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolitionDemolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College HMQ shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey ReportsRisk Assessment Document; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College HMQ is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College HMQ Representative and shall comply with all Applicable Law in respect thereof at the College’s HMQ‟s cost pursuant to Section 18.2(d). (c) In the event that the College HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College HMQ shall issue an instruction to Project Co specifying what action the College HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s HMQ‟s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College HMQ is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College HMQ shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College HMQ is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College HMQ Representative and shall comply with all Applicable Law in respect thereof at the CollegeHMQ’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College HMQ shall issue an instruction to Project Co specifying what action the College HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeHMQ’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College HMQ is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3038, be treated as a Delay Event and, subject to and in accordance with Section 3139, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College HMQ shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, in or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College HMQ is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College HMQ Representative and shall comply with all Applicable Law in respect thereof at the CollegeHMQ’s cost pursuant to Section 18.2(d). (c) In the event that the College HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College HMQ shall issue an instruction to Project Co specifying what action the College HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeHMQ’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College HMQ is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College Nothing in this Agreement or otherwise shall constitute or imply a representation or warranty by or on the part of TfL as to the extent of any Contamination existing or being discovered on or in any land required by Project Co for the Project. (b) Subject to Schedule 30 (Ground Conditions), Project Co accepts full responsibility for and has made full provision for all acts and risks which may arise from Contamination existing or being discovered on or in any land required by Project Co for the Project. (c) Subject to Schedule 30 (Ground Conditions), Project Co shall be responsible at its own cost for cleaning up, preventing or otherwise dealing with any Contamination on, in or under, or migrating to or from, the Site, except for any such Contaminationextent: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, required to undertake the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey ReportsWorks in accordance with this Agreement; (ii) that could Project Co or its Sub-Contractors have been properly inferable, readily apparent disturbed or readily discoverable on dislodged such Contamination whilst undertaking the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; orWorks; (iii) cleaning up or otherwise dealing with such Contamination is required to comply with the Applicable Requirements; (iv) a Transferred Third Party Function requires that such Contamination is caused cleaned up or otherwise dealt with; and (v) required by Project Co or any Project Co Partythe Transferred DCO Functions. (bd) Upon the discovery of any Contamination for which the College is responsible pursuant to Section 18.2(aIn complying with clause 13.12(c), Project Co shall immediately inform the College Representative and shall at all times comply with Good Industry Practice, all Applicable Law in respect thereof at the College’s cost pursuant to Section 18.2(dRequirements, Schedule 12 (Environmental Requirements). , any Necessary Consents, orders, notices or directions of any regulatory body (c) In the event that the College wishes whether made against TfL or Project Co to perform actions which are in addition to or any required pursuant to Section 18.2(blandowner or occupier), then the College shall issue an instruction to Project Co specifying what action the College requires Project Co to take Transferred Third Party Functions, and Project Co shall promptly and diligently comply with all such instructions at the College’s cost pursuant to Section 18.2(d)other provisions of this Agreement. (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College NHS shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described disclosed in, or was properly inferable, readily apparent or readily discoverable could have been reasonably anticipated from, the Environmental Reports, Report or the Geotechnical Reports or the Hazardous Materials Survey ReportsReport; (ii) that could have been properly inferable, readily apparent reasonably discovered or readily discoverable anticipated on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence of the Site, including as referred to in Section 16.1; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College NHS is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College NHS Representative and shall comply with all Applicable Law in respect thereof at the College’s NHS's cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College NHS wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College NHS shall issue an instruction to Project Co specifying what action the College NHS requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s NHS's cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Project Operations as a result of Contamination for which NHS is responsible pursuant to Section 16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation: (i) in the Works shall, subject to and in accordance with Section 39, be treated as a Delay Event and, subject to and in accordance with Section 40, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation. (a) As between the Parties, all fossils, artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Site are or shall be the sole and absolute property of NHS. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the NHS Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that NHS wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then NHS shall issue an instruction to Project Co specifying what action NHS requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College is responsible pursuant to Section 18.2(a) such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3039, be treated as a Delay Event and, subject to and in accordance with Section 3140, be treated as a Compensation Event.

Contamination. (a) The College Osler shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports and Designated Substance Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence in accordance with Good Industry Practice, including as referred to in Section 16.1, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College Xxxxx is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College Osler Representative and shall comply with all Applicable Law in respect thereof at the College’s Xxxxx’x cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College Xxxxx wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College Osler shall issue an instruction to Project Co specifying what action the College Osler requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the College’s Xxxxx’x cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Project Operations as a result of Contamination for which Xxxxx is responsible pursuant to Section 16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation: (i) in the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Site are or shall be the sole and absolute property of Osler. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the Osler Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including the Funeral, Burial and Cremation Services Act, 2002 and the Heritage Guidelines and Protocols. (c) In the event that Xxxxx wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then Osler shall issue an instruction to Project Co specifying what action Osler requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of Contamination for which the College is responsible pursuant to Section 18.2(a) such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event.

Contamination. (a) The College SJHC shall be responsible for Contamination on, in or under, or migrating to or from, the SiteSites, except for any such Contamination: (i) that was described in, in or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College SJHC is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College SJHC Representative and shall comply with all Applicable Law in respect thereof at the CollegeSJHC’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College SJHC wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College SJHC shall issue an instruction to Project Co specifying what action the College SJHC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeSJHC’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College SJHC is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College IO shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, in or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence, including as referred to in Section 16.1; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College IO is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College IO Representative and shall comply with all Applicable Law in respect thereof at the CollegeIO’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College IO wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College IO shall issue an instruction to Project Co specifying what action the College IO requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeIO’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College IO is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3038, be treated as a Delay Event and, subject to and in accordance with Section 3139, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 19 - Variation Procedure, result in a Variation.

Contamination. (a) The College WCH shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports and Designated Substance Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence in accordance with Good Industry Practice, including as referred to in Section 16.1, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; or (iii) that is caused by Project Co or any Project Co Party. If during Project Co’s performance of the Works it becomes necessary for Project Co to work in the vicinity of the underground tank of undetermined type beneath the public lane running in a north/south direction along the easterly boundary of the Site (as described in the Background Information) (the “Underground Tank”) and, as a result of such work, Project Co encounters Contamination caused by or contained in the Underground Tank, then, notwithstanding Sections 16.2(a)(i) and (ii), such Contamination shall be the responsibility of WCH. (b) Upon the discovery of any Contamination for which the College WCH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College WCH Representative and shall comply with all Applicable Law in respect thereof at the CollegeWCH’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College WCH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College WCH shall issue an instruction to Project Co specifying what action the College WCH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeWCH’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College WCH is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College IO shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports and Designated Substance Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence, including as referred to in Section 16.1; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College IO is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College IO Representative and shall comply with all Applicable Law in respect thereof at the CollegeIO’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College IO wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College IO shall issue an instruction to Project Co specifying what action the College IO requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeIO’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College IO is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.

Contamination. (a) The College SMH shall be responsible for Contamination on, in or under, or migrating to or from, the Site, Site except for any such Contamination: (i) that was described in, or was properly inferable, readily apparent or readily discoverable from, the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligencediligence in accordance with Good Industry Practice, including as referred to in Section 18.1, taking into account all matters relating to the Site, including the buildings, structures and works, on, over and under the Site existing on the date hereof; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College SMH is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the College SMH Representative and shall comply with all Applicable Law in respect thereof at the CollegeSMH’s cost pursuant to Section 18.2(d). (c) In the event that the College SMH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the College SMH shall issue an instruction to Project Co specifying what action the College SMH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeSMH’s cost pursuant to Section 18.2(d). (d) If Sections 18.2(b) and 18.2(c) require Project Co to perform any alteration, addition, demolitionDemolition, extension or variation in the Works as a result of Contamination for which the College SMH is responsible pursuant to Section 18.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolitionDemolition, extension or variation in the Works shall, subject to and in accordance with Section 30, be treated as a Delay Event and, subject to and in accordance with Section 31, be treated as a Compensation Event.

Contamination. (a) The College MHCP shall be responsible for Contamination on, in or under, or migrating to or from, the Site, except for any such Contamination: (i) that was described in, in or was properly inferable, readily apparent or readily discoverable from, from the Environmental Reports, the Geotechnical Reports or the Hazardous Materials Survey Geotechnical Reports; (ii) that could have been properly inferable, readily apparent or readily discoverable on the basis of reasonable, normal course and industry standard investigations, inspections or other due diligence; or (iii) that is caused by Project Co or any Project Co Party. (b) Upon the discovery of any Contamination for which the College MHCP is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the College MHCP Representative and shall comply with all Applicable Law in respect thereof at the CollegeMHCP’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the College MHCP wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the College MHCP shall issue an instruction to Project Co specifying what action the College MHCP requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CollegeMHCP’s cost pursuant to Section 18.2(d16.2(d). (d) If Sections 18.2(b16.2(b) and 18.2(c16.2(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works Project Operations as a result of Contamination for which the College MHCP is responsible pursuant to Section 18.2(a16.2(a) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation variation: (i) in the Works shall, subject to and in accordance with Section 3037, be treated as a Delay Event and, subject to and in accordance with Section 3138, be treated as a Compensation Event; and (ii) in the Project Co Services shall, subject to and in accordance with Schedule 22 - Variation Procedure, result in a Variation.