Common use of Contamination Clause in Contracts

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, Lender’s Consultant and Owner in writing.

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, LenderXxxxxx’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety safety. as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, LenderXxxxxx’s Consultant and Owner in writing.

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, LenderXxxxxx’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, LenderXxxxxx’s Consultant and Owner in writing.

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Senior Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co.safety (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, Senior Lender’s Consultant and Owner in writing.

Contamination. Equipment results in increased costs, Project Co will, subject to and in accordance with Schedule 11 – Change Procedure, be entitled to a Change Order for any costs which specifically relate to and are directly attributable to such delay and would not have otherwise been incurred. (a) For the purposes of applicable environmental legislation, Owner CMH shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has takenCMH has: (i) taken all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirementsunder Applicable Law, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by OwnerCMH, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, Lender’s Consultant and Owner CMH in writing. (f) If Project Co is delayed in performing the Work or incurs additional costs as a result of taking steps required under Section 14.1(e)(iii) (except where a Release or threatened Release is caused by a default by Project Co in the performance of its obligations under this Article 14), the Consultant shall issue appropriate instructions for a Change in the Scope of the Work as provided in Schedule 11 – Change Procedure, and the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with CMH and Project Co, and the Guaranteed Price shall be adjusted by a reasonable amount for costs incurred by Project Co as a result of the delay and as a result of taking those steps. (g) Notwithstanding Sections 8.2(f), 8.2(g) and Schedule 14 – Dispute Resolution Procedure, the Consultant may select and rely upon the advice of an independent expert in a dispute under Section 14.1(f) and, in that case, the expert shall be deemed to have been jointly retained by CMH and Project Co and shall be jointly paid by them. (h) In the event of any Release or threatened Release of any Hazardous Substances at or from the Site, Project Co shall immediately, upon becoming aware of same, notify the Consultant and CMH of such event. (i) This Section 14.1, together with the corresponding indemnities in Section 33.1(a)(viii) and Section 33.2(a)(iv), shall govern over the provisions of Sections 26.3(a)(v) and 27.2(a)(iii); (j) If Project Co causes or permits: (i) any Project Co Hazardous Substances to be dealt with by Project Co or any Project Co Party in a manner which does not comply with Applicable Law or which threatens human health and safety or the environment or causes material damage to the Site or the Facility or the property of CMH or others; or (ii) any Disclosed Hazardous Substances which were already at the Site but which were then harmless or stored, contained or otherwise dealt with in accordance with Applicable Law, to be dealt with by Project Co or any Project Co Party in a manner which does not comply with Applicable Law or which threatens human health and safety or the environment or causes material damage to the property of CMH or others, Project Co, upon becoming aware of same shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) upon becoming aware of same, report the circumstances to the Consultant and CMH by telephone, confirmed in writing. (k) In the circumstances contemplated in Sections 14.1(c), 14.1(d), 14.1(e) or 14.1(j), Project Co shall perform its obligations thereunder, at Project Co’s sole cost and expense (except in the circumstances contemplated by Section 14.1(e), which shall be at CMH’s sole cost and expense in accordance with the provisions of Section 14.1(f)). Project Co shall perform its obligations under Sections 14.1(c), 14.1(d), 14.1(e) or 14.1(j), including, as applicable, any clean up, removal, containment, storage or other dealing with relevant Hazardous Substances and any remediation of damage caused thereby, in a manner which the Governmental Authorities determine will: (i) meet all Applicable Law, including the applicable Table of the Soil Groundwater and Sedimentary Standards for use under Part XV.I of the Environmental Protection Act (Ontario), dated March 9, 2004, and ensure compliance with any applicable Permits, Licences and Approvals; and (ii) rectify all material damage to the property of CMH and/or others.

Contamination. ‌ 14.1 Contamination‌ (a) For the purposes of applicable environmental legislation, Owner THP shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken:THP has:‌ (i) taken all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that:that:‌ (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirementsunder Applicable Law, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that:that:‌ (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co:Co:‌ (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by OwnerTHP, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; andand‌ (iv) immediately report the circumstances to the Consultant, Lender’s Consultant and Owner THP in writing. (f) If Project Co is delayed in performing the Work or incurs additional costs as a result of taking steps required under Section 14.1(e)(iii) (except where a Release or threatened Release is caused by a default by Project Co in the performance of its obligations under this Article 14), the Consultant shall issue appropriate instructions for a Change in the Scope of the Work as provided in Schedule 11 – Change Procedure, and the Contract Time shall be extended for such reasonable time as the Consultant may recommend in consultation with THP and Project Co, and the Guaranteed Price shall be adjusted by a reasonable amount for costs incurred by Project Co as a result of the delay and as a result of taking those steps.‌ (g) Notwithstanding Sections 8.2(f), 8.2(g) and Schedule 14 – Dispute Resolution Procedure, the Consultant may select and rely upon the advice of an independent expert in a dispute under Section 14.1(f) and, in that case, the expert shall be deemed to have been jointly retained by THP and Project Co and shall be jointly paid by them. (h) In the event of any Release or threatened Release of any Hazardous Substances at or from the Site, Project Co shall immediately, upon becoming aware of same, notify the Consultant and THP of such event. (i) This Section 14.1, together with the corresponding indemnities in Section 33.1(a)(viii) and Section 33.2(a)(iv), shall govern over the provisions of Sections 26.3(a)(v) and 27.2(a)(iii); (j) If Project Co causes or permits:‌ (i) any Project Co Hazardous Substances to be dealt with by Project Co or any Project Co Party in a manner which does not comply with Applicable Law or which threatens human health and safety or the environment or causes material damage to the Site or the Facility or the property of THP or others; or (ii) any Disclosed Hazardous Substances which were already at the Site but which were then harmless or stored, contained or otherwise dealt with in accordance with Applicable Law, to be dealt with by Project Co or any Project Co Party in a manner which does not comply with Applicable Law or which threatens human health and safety or the environment or causes material damage to the property of THP or others, Project Co, upon becoming aware of same shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) upon becoming aware of same, report the circumstances to the Consultant and THP by telephone, confirmed in writing. (k) In the circumstances contemplated in Sections 14.1(c), 14.1(d), 14.1(e) or 14.1(j), Project Co shall perform its obligations thereunder, at Project Co’s sole cost and expense (except in the circumstances contemplated by Section 14.1(e), which shall be at THP’s sole cost and expense in accordance with the provisions of Section 14.1(f)). Project Co shall perform its obligations under Sections 14.1(c), 14.1(d), 14.1(e) or 14.1(j), including, as applicable, any clean up, removal, containment, storage or other dealing with relevant Hazardous Substances and any remediation of damage caused thereby, in a manner which the Governmental Authorities determine will: (i) meet all Applicable Law, including the applicable Table of the Soil Groundwater and Sedimentary Standards for use under Part XV.I of the Environmental Protection Act (Ontario), dated March 9, 2004, and ensure compliance with any applicable Permits, Licences and Approvals; and (ii) rectify all material damage to the property of THP and/or others.

Contamination. (a) For To the purposes of applicable environmental legislationextent required to complete the Works, Owner shall be deemed to have control and management of at all times throughout the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the WorkTerm, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (ibe responsible for managing, remediating and/or removing, in accordance with Section 4.5(a) no person suffers injuryof Schedule 17 – Environmental Obligations, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Workany Contamination located on, which are described in or are under the Lands which was described in, or was properly inferable, readily apparent or readily discoverable from from, the Site Information Environmental Reports or would have been properly inferablethe Geotechnical Reports (“Existing Contamination”). Notwithstanding the forgoing or anything else to the contrary contained in this Agreement, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by shall have no responsibility for any Project Co Party during the Request for Proposals process prior Contamination that is migrating to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. Lands, except (dI) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by extent that Project Co or any Project Co Party Released such Contamination in a manner which does not comply with Applicable Law or (“II) Project Co Hazardous Substances”);or any Project Co party is causing the migration of Existing Contamination. (b) Project Co shall be responsible for removing or remediating, in accordance with Section 4.5(g) of Schedule 17 – Environmental Obligations: (i) any Contamination which Project Co or any Project Co Party has brought onto the Lands and caused or permitted to be Released in a manner which does not comply with Applicable Law; or (ii) any Existing Contamination which was harmless or stored, contained or otherwise dealt with in accordance with Applicable Law which Project Co and each or any Project Co Party is responsible causes or permits to be Released in a manner which does not comply with all Applicable Law relating to Law. In addition, and without limiting any other obligation of Project Co Hazardous Substances; andunder the Project Agreement, Project Co shall be responsible for all Direct Losses associated with the Releases of Contamination or Existing Contamination described in Sections b(i) and b(ii) above. (iiic) there Contamination which is no Release or threatened Release not the responsibility of any Project Co Hazardous Substances at or from pursuant to Sections 16.2(a) and 16.2(b) shall be the Site which has or may have an adverse effect upon responsibility of the environment or human health or safetyCity. (d) [Intentionally Deleted]. (e) If Upon the discovery of any Contamination, Project CoCo shall immediately inform the City Representative and shall comply, and ensure compliance by all Project Co Parties, with all Applicable Law and Schedule 17 - Environmental Obligations in respect thereof: (i) encounters Hazardous Substances at the SiteCity’s cost pursuant to Section 16.2(h), orin respect of Contamination for which the City is responsible pursuant to Section 16.2(c); and (ii) has reasonable grounds at its own cost in respect of Contamination for which it is responsible pursuant to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b16.2(a) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior 16.2(b). (f) Except to the Submission Date (the “Undisclosed Hazardous Substances”)extent required to prevent or mitigate an Emergency or to comply with Applicable Law, Project Co shall:shall not undertake any significant work pursuant to Section 16.2(e) in respect of Contamination for which the City is responsible pursuant to Section 16.2(c) until the City Representative has been given a reasonable opportunity to review the nature and extent of the Contamination and has instructed Project Co to proceed with such work. (iiig) In the event that the City wish Project Co to perform actions in respect of any Contamination which are in addition to any required pursuant to Section 16.2(e), then the City shall issue an instruction to Project Co specifying what action the City requires Project Co to take and Project Co shall promptly and diligently comply with all reasonable stepssuch instructions at the City’s cost pursuant to Section 16.2(h). (h) If Sections 16.2(e), including stopping 16.2(f) or 16.2(g) require Project Co to perform any alteration, addition, demolition, extension or variation in the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed Project Operations as a result of exposure Contamination for which the City is responsible pursuant to Section 16.2(c) or as a result of any instructions given by the presence of the Hazardous SubstancesCity pursuant to Section 16.2(f) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation: (i) prior to Substantial Completion, shall, subject to and in accordance with Section 38, be treated as a Delay Event and, subject to and in accordance with Section 39, be treated as a Compensation Event; and (ivii) immediately report following Substantial Completion, shall, subject to and in accordance with Schedule 21 - Variation Procedure, result in a Variation. (i) In the circumstances event that the City and Project Co do not agree as to the Consultantnature or extent of Contamination, Lenderor in the event of a disagreement as to whether Project Co. is responsible for Contamination pursuant to either Sections 16.2(a) or 16.2(b), or the actions to be performed by Project Co pursuant to Section 16.2(d) or Schedule 17 - Environmental Obligations, such disagreement shall be referred for determination to the Independent Certifier, and if the Independent Certifier is unable to make the determination, then he or she shall appoint an independent and suitably qualified and experienced person to make such determination (and the costs and expenses of retaining such person shall be borne by the unsuccessful Party). Such person’s Consultant decision shall be final and Owner binding on the Parties only in writingrespect of the nature or extent of the Contamination and any action to be performed by Project Co pursuant to Section 16.2(e) and Schedule 17 – Environmental Obligations, except to the extent that either Party alleges that such decision would result in non- compliance with Applicable Law or this Project Agreement, in which event either Party may refer the disagreement for resolution in accordance with Schedule 26 - Dispute Resolution Procedure.

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, LenderXxxxxx’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would not have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, LenderXxxxxx’s Consultant and Owner in writing.

Contamination. (a) For the purposes of applicable environmental legislation, Owner HMQ shall be deemed to have control and management of the Site Sites with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner HMQ has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the SiteSites; and (ii) provided the Consultant, LenderXxxxxx’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the any Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site Sites carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirementsunder Applicable Law, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the any Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the any Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the any Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the any Site, which were not disclosed by OwnerHMQ, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site Sites carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, LenderXxxxxx’s Consultant and Owner HMQ in writing.

Contamination. (a) For the purposes of applicable environmental legislation, Owner shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken: (i) all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirements, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety safety. as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that: (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co: (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by Owner, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, Lender’s Consultant and Owner in writing.

Contamination. ‌ 14.1 Contamination‌ (a) For the purposes of applicable environmental legislation, Owner STEGH shall be deemed to have control and management of the Site with respect to Pre-Existing Environmental Site Conditions. (b) Prior to Project Co commencing the Work, Owner has taken:STEGH has:‌ (i) taken all reasonable steps to determine whether any Hazardous Substances are present at the Site; and (ii) provided the Consultant, Lender’s Consultant and Project Co with a report on any such Hazardous Substances, which report Project Co acknowledges is included in the Site Information. (c) Project Co shall take all reasonable steps to ensure that:that:‌ (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances which were at the Site prior to Project Co commencing the Work, which are described in or are properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (“Disclosed Hazardous Substances”); (ii) all necessary steps are taken in accordance with legal requirementsunder Applicable Law, to dispose of, store or otherwise render harmless Disclosed Hazardous Substances, save and except those not found on or affecting the area of the Work on the Site, unless otherwise expressly required pursuant to the Contract Documents; and (iii) there is no discharge, escape, emission, leak, deposit, dispersion or migration into the environment (“Release”) or threatened Release of any Disclosed Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety as a result of the performance of the Work by Project Co. (d) Project Co shall take reasonable steps to ensure that:that:‌ (i) no person suffers injury, sickness or death and no property is injured or destroyed as a result of exposure to or the presence of Hazardous Substances brought to the Site by Project Co or any Project Co Party (“Project Co Hazardous Substances”); (ii) Project Co and each Project Co Party is responsible to comply with all Applicable Law relating to Project Co Hazardous Substances; and (iii) there is no Release or threatened Release of any Project Co Hazardous Substances at or from the Site which has or may have an adverse effect upon the environment or human health or safety. (e) If Project Co:Co:‌ (i) encounters Hazardous Substances at the Site, or (ii) has reasonable grounds to believe that Hazardous Substances are present at the Site, which were not disclosed by OwnerSTEGH, as required under Section 14.1(b) or which were not properly inferable, readily apparent or readily discoverable from the Site Information or would have been properly inferable, readily apparent or readily discoverable from inspections of the Site carried out by Project Co or by any Project Co Party during the Request for Proposals process prior to the Submission Date (the “Undisclosed Hazardous Substances”), Project Co shall: (iii) take all reasonable steps, including stopping the Work, to ensure that no person suffers injury, sickness or death and that no property is injured or destroyed as a result of exposure to or the presence of the Hazardous Substances; and (iv) immediately report the circumstances to the Consultant, Lender’s Consultant and Owner in writing.any