Common use of Contractor Solely Responsible for Costs Clause in Contracts

Contractor Solely Responsible for Costs. Except as expressly set out in this Agreement, the Contractor is solely responsible for paying all costs, fees and charges of any nature whatsoever required to complete the Project, excepting only: (a) the costs, fees and charges of the Province’s own personnel, consultants and professional advisors; (b) the costs, fees and charges of any mediation or arbitration pursuant to the Dispute Resolution Procedure, which are specifically provided for in Schedule 7 (Dispute Resolution Procedure); (c) any claims by third parties asserting a right to damages as a result of the Project being carried out as contemplated by and in accordance with this Agreement, to the extent such claims are not founded on any negligent act or omission by the Contractor or any of its subcontractors or a failure by the Contractor to comply with this Agreement. The Province shall indemnify the Contractor against such third party claims set out in the foregoing portion of (c) (including the reasonable cost of defending such claims, on a solicitor and client basis); and (d) any costs, fees, charges or payments expressly to be made by the Province under the provisions of this Agreement. The Province shall not be obligated to pay any costs, fees or charges in relation to the Project except as expressly set out in Section 9 (including, without limitation, the Provincial Funding) or elsewhere in this Agreement.

Contractor Solely Responsible for Costs. Except as expressly set out in this Agreement, the Contractor is solely responsible for paying all costs, fees and charges of any nature whatsoever required to complete the Project, excepting only: (a) the costs, fees and charges of the Province’s own personnel, consultants and professional advisors; (b) the costs, fees and charges of any mediation mediator or arbitration pursuant to arbitrator acting under the Dispute Resolution Procedure, which are specifically provided for in Schedule 7 (Dispute Resolution Procedure);; and (c) any claims by third parties asserting a right to damages compensation as a result of the Project being carried out as contemplated by and in accordance with this Agreement, to the extent provided such claims are not founded on any negligent act or omission by the Contractor or any of its subcontractors or a failure by the Contractor to comply with this Agreement. The Province shall indemnify the Contractor against such third party claims set out in the foregoing portion of (c) (including the reasonable cost of defending such claims, on a solicitor and client basis); and (d) any costs, fees, charges or payments expressly to be made by the Province under the provisions of this Agreement. The Province shall not be obligated to pay any costs, fees or charges in relation to the Project except as expressly set out in Section 9 (including, without limitation, the Provincial Funding) or elsewhere in this Agreement.

Contractor Solely Responsible for Costs. ‌ Except as expressly set out in this Agreement, the Contractor is solely responsible for paying all costs, fees and charges of any nature whatsoever required to complete the Project, excepting only: (a) the costs, fees and charges of the Province’s own personnel, consultants and professional advisors; (b) the costs, fees and charges of any mediation or arbitration pursuant to the Dispute Resolution Procedure, which are specifically provided for in Schedule 7 (Dispute Resolution Procedure); (c) any claims by third parties asserting a right to damages as a result of the Project being carried out as contemplated by and in accordance with this Agreement, to the extent such claims are not founded on any negligent act or omission by the Contractor or any of its subcontractors or a failure by the Contractor to comply with this Agreement. The Province shall indemnify the Contractor against such third party claims set out in the foregoing portion of (c) (including the reasonable cost of defending such claims, on a solicitor and client basis); and (d) any costs, fees, charges or payments expressly to be made by the Province under the provisions of this Agreement. The Province shall not be obligated to pay any costs, fees or charges in relation to the Project except as expressly set out in Section 9 (including, without limitation, the Provincial Funding) or elsewhere in this Agreement.

Contractor Solely Responsible for Costs. ‌ Except as expressly set out in this Agreement, the Contractor is solely responsible for paying all costs, fees and charges of any nature whatsoever required to complete the ProjectProject and the Existing Facilities O&M, excepting only: (a) the costs, fees and charges of the Province’s own personnel, consultants and professional advisors; (b) the costs, fees and charges of any mediation or arbitration pursuant to the Dispute Resolution Procedure, which are specifically provided for in Schedule 7 6 (Dispute Resolution Procedure);; and (c) any claims by third parties asserting a right to damages as a result of the Project being carried out as contemplated by and in accordance with this Agreement, to the extent provided such claims are not founded on any negligent act or omission by the Contractor or any of its subcontractors or a failure by the Contractor to comply with this Agreement. The Province shall indemnify the Contractor against such third party claims set out in the foregoing portion of this clause (c) (including the reasonable cost of defending such third party claims, on a solicitor and client basis); and (d) any costs, fees, charges or payments expressly to be made by the Province under the provisions of this Agreement. The Province shall not be obligated to pay any costs, fees or charges in relation to the Project except as expressly set out in Section 9 (including, without limitation, the Provincial Funding) or elsewhere in this Agreement.

Contractor Solely Responsible for Costs. Except as expressly set out in this Agreement, the Contractor is solely responsible for paying all costs, fees and charges of any nature whatsoever required to complete the Project, excepting only: (a) the costs, fees and charges of the Province’s own personnel, consultants and professional advisors; (b) the costs, fees and charges of any mediation mediator or arbitration pursuant to arbitrator acting under the Dispute Resolution Procedure, which are specifically provided for in Schedule 7 6 (Dispute Resolution Procedure);; and (c) any claims by third parties asserting a right to damages as a result of the Project being carried out as contemplated by and in accordance with this Agreement, to the extent provided such claims are not founded on any negligent act or omission by the Contractor or any of its subcontractors or a failure by the Contractor to comply with this Agreement. The Province shall indemnify the Contractor against such third party claims set out in the foregoing portion of (c) (including the reasonable cost of defending such third party claims, on a solicitor and client basis); and (d) any costs, fees, charges or payments expressly to be made by the Province under the provisions of this Agreement. The Province shall not be obligated to pay any costs, fees or charges in relation to the Project except as expressly set out in Section 9 8 (including, without limitation, the Provincial FundingPayment) or elsewhere in this Agreement.