Common use of Contamination Clause in Contracts

Contamination. (a) The 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 or the 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 CTC is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC Representative and shall comply with all Applicable Law in respect thereof at the CTC’s cost pursuant to Section 18.2(d). (c) In the event that the CTC wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC shall issue an instruction to Project Co specifying what action the CTC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 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 CTC 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 Geotechnical 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 CTC College is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC College Representative and shall comply with all Applicable Law in respect thereof at the CTCCollege’s cost pursuant to Section 18.2(d). (c) In the event that the CTC College wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC College shall issue an instruction to Project Co specifying what action the CTC College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCCollege’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 CTC 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 CTC 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 Geotechnical 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 CTC SMH is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC SMH Representative and shall comply with all Applicable Law in respect thereof at the CTCSMH’s cost pursuant to Section 18.2(d). (c) In the event that the CTC SMH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC SMH shall issue an instruction to Project Co specifying what action the CTC SMH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCSMH’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 CTC 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 CTC 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 or the 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 CTC MHCP is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC MHCP Representative and shall comply with all Applicable Law in respect thereof at the CTCMHCP’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC MHCP wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC MHCP shall issue an instruction to Project Co specifying what action the CTC MHCP requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCMHCP’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 CTC 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.

Contamination. ‌ (a) The CTC 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 Geotechnical 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 CTC College is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC College Representative and shall comply with all Applicable Law in respect thereof at the CTCCollege’s cost pursuant to Section 18.2(d).18.2(d).‌ (c) In the event that the CTC College wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC College shall issue an instruction to Project Co specifying what action the CTC College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCCollege’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 CTC 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 CTC 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 or the 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 CTC IO is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC IO Representative and shall comply with all Applicable Law in respect thereof at the CTCIO’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC IO wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC IO shall issue an instruction to Project Co specifying what action the CTC IO requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCIO’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 CTC 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 CTC 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 or the 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 CTC SJHC is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC SJHC Representative and shall comply with all Applicable Law in respect thereof at the CTCSJHC’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC SJHC wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC SJHC shall issue an instruction to Project Co specifying what action the CTC SJHC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCSJHC’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 CTC 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 CTC 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 or the 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 CTC WGH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC WGH Representative and shall comply with all Applicable Law in respect thereof at the CTC’s WGH's cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC WGH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC WGH shall issue an instruction to Project Co specifying what action the CTC WGH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 CTC 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 CTC 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 or the Geotechnical 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 CTC is responsible pursuant to Section 18.2(aIn complying with clause 13.12(c), Project Co shall immediately inform the CTC Representative and shall at all times comply with Good Industry Practice, all Applicable Law in respect thereof at the CTC’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 CTC 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 CTC shall issue an instruction to Project Co specifying what action the CTC requires Project Co to take Transferred Third Party Functions, and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 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 CTC 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 or the 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 CTC Contracting Authority is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC Contracting Authority Representative and shall comply with all Applicable Law in respect thereof at the CTCContracting Authority’s cost pursuant to Section 18.2(d). (c) In the event that the CTC Contracting Authority wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC Contracting Authority shall issue an instruction to Project Co specifying what action the CTC Contracting Authority requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCContracting 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 CTC 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 CTC 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 Geotechnical 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 CTC HMQ is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC HMQ Representative and shall comply with all Applicable Law in respect thereof at the CTC’s HMQ‟s cost pursuant to Section 18.2(d). (c) In the event that the CTC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC HMQ shall issue an instruction to Project Co specifying what action the CTC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 CTC 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 CTC 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 and Designated Substance Reports or the 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 CTC HRRH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC HRRH Representative and shall comply with all Applicable Law in respect thereof at the CTCHRRH’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC HRRH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC HRRH shall issue an instruction to Project Co specifying what action the CTC HRRH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCHRRH’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 CTC 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 CTC 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 Geotechnical 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 CTC JBH is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC JBH Representative and shall comply with all Applicable Law in respect thereof at the CTCJBH’s cost pursuant to Section 18.2(d). (c) In the event that the CTC JBH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC JBH shall issue an instruction to Project Co specifying what action the CTC JBH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCJBH’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 CTC 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 CTC 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 or the 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 CTC HMQ is responsible pursuant to Section 18.2(a), Project Co shall immediately inform the CTC HMQ Representative and shall comply with all Applicable Law in respect thereof at the CTCHMQ’s cost pursuant to Section 18.2(d). (c) In the event that the CTC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b), then the CTC HMQ shall issue an instruction to Project Co specifying what action the CTC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCHMQ’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 CTC 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 CTC 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 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 CTC NHS is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC NHS Representative and shall comply with all Applicable Law in respect thereof at the CTC’s NHS's cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC NHS wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC NHS shall issue an instruction to Project Co specifying what action the CTC NHS requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 CTC 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 CTC 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 or the 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 CTC HMQ is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC HMQ Representative and shall comply with all Applicable Law in respect thereof at the CTCHMQ’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC HMQ shall issue an instruction to Project Co specifying what action the CTC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCHMQ’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 CTC 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 CTC 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 and Designated Substance Reports or the 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 CTC WCH is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC WCH Representative and shall comply with all Applicable Law in respect thereof at the CTCWCH’s cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC WCH wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC WCH shall issue an instruction to Project Co specifying what action the CTC WCH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTCWCH’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 CTC 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 CTC 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 and Designated Substance Reports or the 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 CTC Xxxxx is responsible pursuant to Section 18.2(a16.2(a), Project Co shall immediately inform the CTC Osler Representative and shall comply with all Applicable Law in respect thereof at the CTC’s Xxxxx’x cost pursuant to Section 18.2(d16.2(d). (c) In the event that the CTC Xxxxx wishes Project Co to perform actions which are in addition to any required pursuant to Section 18.2(b16.2(b), then the CTC Osler shall issue an instruction to Project Co specifying what action the CTC Osler requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions at the CTC’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 CTC 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.