Common use of DEVELOPER’S CONSTRUCTION OBLIGATIONS Clause in Contracts

DEVELOPER’S CONSTRUCTION OBLIGATIONS. In addition to the foregoing, the Developer covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Developer shall: (a) Continue to maintain the erosion and siltation control devices and structures, fencing, and access control; (b) Put and keep in place measures to control ponding, weeds, dust and mud as well as erosion, siltation and slippage conditions; (c) Continuously keep all roads and sidewalks used for access to the Lands as well as streets and sidewalks surrounding the Lands in good condition, free from mud and dust during construction; (d) Maintain all parking spaces and driveways with a stable surface so as to prevent the raising of dust; (e) Continue to maintain tree preservation and protection for existing trees; (f) Supply and install, at its cost, all traffic control signs and devices and prior to roadways being used, to erect signs a minimum of 1.2 metres by 1.5 metres to read as follows: “ROAD NOT ASSUMED BY MUNICIPALITY – USE AT YOUR OWN RISK”; (g) Prior to any construction, provide construction access to the Lands including all necessary signage, whether temporary or permanent, and which approved access will be the only access to the Lands until otherwise authorized by the Municipality with the temporary access to be removed by the Developer when directed by the Municipality; (h) Construct all Pre-Servicing Works to that they will conform to the road, lot and building block pattern of the draft plan of subdivision; (i) Permit, at all times, access to the Lands by the Municipality, its employees, agents and designates to inspect and otherwise observe the progress of construction, and if necessary, to effect emergency repairs to take remedial action; (j) Maintain all access roads in good repair; (k) Not interfere with or obstruct the use of sidewalks and roadways outside the limits of the Lands without the consent of the Municipality; (l) Maintain an unobstructed emergency route at all times with a minimum width of six (6) metres constructed of granular and with sufficient compaction to provide access for all emergency vehicles; (m) Be responsible for any damage caused to any existing utility, road, street, structure or plan; (n) Ensure that there are no hazardous conditions on the Lands; (o) Dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands; (p) Not engage in any blasting operations without the consent of the Municipality and providing appropriate insurance coverage for such operations; (q) Maintain the Pre-Servicing Works after construction is completed until a Subdivision Agreement is executed with the Municipality; (r) Provide written notice of any change in relation to the Pre-Servicing Works; (s) Not change either its Consulting Engineer or any Contractor approved for the Pre-Servicing Works without having provided reasonable notice to the Municipality and having obtained the consent of the Municipality, which consent will not unreasonably withheld; and (t) Cease construction immediately upon receipt of written direction from the Municipality which direction to cease construction shall be issued at the sole discretion of the Municipality acting reasonably, and return the Lands to a safe and tidy condition with free drainage, prior to demobilizing. The obligations of the Developer set out herein shall be performed at all times to the satisfaction of the Municipality.

DEVELOPER’S CONSTRUCTION OBLIGATIONS. In addition to the foregoing, the Developer covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Developer shall: (a) Continue to maintain the erosion and siltation control devices and structures, fencing, and access control; (b) Put and keep in place measures to control ponding, weeds, dust and mud as well as erosion, siltation and slippage conditions; (c) Continuously keep all roads and sidewalks used for access to the Lands as well as streets and sidewalks surrounding the Lands in good condition, free from mud and dust during construction; (d) Maintain all parking spaces and driveways with a stable surface so as to prevent the raising of dust; (e) Continue to maintain tree preservation and protection for existing trees; (f) Supply and install, at its cost, all traffic control signs and devices and prior to roadways being used, to erect signs a minimum of 1.2 metres by 1.5 metres to read as follows: “ROAD NOT ASSUMED BY MUNICIPALITY – USE AT YOUR OWN RISK”; (g) Prior to any construction, provide construction access to the Lands including all necessary signage, whether temporary or permanent, and which approved access will be the only access to the Lands until otherwise authorized by the Municipality with the temporary access to be removed by the Developer when directed by the Municipality; (h) Construct all Pre-Servicing Works to that they will conform to the road, lot and building block pattern of the draft plan of subdivision; (i) Permit, at all times, access to the Lands by the Municipality, its employees, agents and designates to inspect and otherwise observe the progress of construction, and if necessary, to effect emergency repairs to take remedial action; (j) Maintain all access roads in good repair; (k) Not interfere with or obstruct the use of sidewalks and roadways outside the limits of the Lands without the consent of the Municipality; (l) Maintain an unobstructed emergency route at all times with a minimum width of six (6) metres constructed of granular and with sufficient compaction to provide access for all emergency vehicles; (m) Be responsible for any damage caused to any existing utility, road, street, structure or plan; (n) Ensure that there are no hazardous conditions on the Lands; (o) Dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands; (p) Not engage in any blasting operations without the consent of the Municipality and providing appropriate insurance coverage for such operations; (q) Maintain the Pre-Servicing Works after construction is completed until a Subdivision Agreement is executed with the Municipality; (r) Provide written notice of any change in relation to the Pre-Servicing Works; (s) Not change either its Consulting Engineer or any Contractor approved for the Pre-Servicing Works without having provided reasonable notice to the Municipality and having obtained the consent of the Municipality, which consent will not unreasonably withheld; andthe (t) Cease construction immediately upon receipt of written direction from the Municipality which direction to cease construction shall be issued at the sole discretion of the Municipality acting reasonably, and return the Lands to a safe and tidy condition with free drainage, prior to demobilizing. The obligations of the Developer set out herein shall be performed at all times to the satisfaction of the Municipality.

DEVELOPER’S CONSTRUCTION OBLIGATIONS. In addition to the foregoing, the Developer covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Developer shall: (a) Continue to maintain the erosion and siltation control devices and structures, fencing, and access control; (b) Put and keep in place measures to control ponding, weeds, dust and mud as well as erosion, siltation and slippage conditions; (c) Continuously keep all roads and sidewalks used for access to the Lands as well as streets and sidewalks surrounding the Lands in good condition, free from mud mud, dust, construction equipment/vehicles, materials and dust debris during construction; (d) Maintain all parking spaces and driveways with a stable surface so as to prevent the raising of dust; (e) Continue to maintain tree preservation and protection for existing trees; (f) Supply and install, at its cost, all traffic control signs and devices and prior to roadways being used, to erect signs a minimum of 1.2 metres by 1.5 metres to read as follows: “ROAD NOT ASSUMED BY MUNICIPALITY – USE AT YOUR OWN RISK”; (g) Prior to any construction, provide construction access to the Lands including all necessary signage, whether temporary or permanent, and which approved access will be the only access to the Lands until otherwise authorized by the Municipality with the temporary access to be removed by the Developer when directed by the Municipality; (h) Construct all Pre-Servicing Works in accordance with the documents listed in Schedule ‘B’, as amended from time to time, so that they will conform to the road, lot and building block pattern of the draft plan of subdivision; (i) Permit, at all times, access to the Lands and the Works by the Municipality, its employees, agents and designates to inspect and otherwise observe the progress of construction, and if necessary, to effect emergency repairs to take remedial action; (j) Maintain all access roads in good repair; (k) Not interfere with or obstruct the use of sidewalks and roadways outside the limits of the Lands without the consent of the Municipality; (l) Maintain an unobstructed emergency route at all times with a minimum width of six (6) metres constructed of granular and with sufficient compaction to provide access for all emergency vehicles; (m) Be responsible for any damage caused to any existing utility, road, street, structure or plan; (n) Ensure that there are no hazardous conditions on the Lands; (o) Dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands; (p) Not engage in any blasting operations without the consent of the Municipality and providing appropriate insurance coverage for such operations; (q) Maintain the Pre-Servicing Works after construction is completed until a Subdivision Agreement is executed with the Municipality; (r) Provide timely written notice of any change in relation to the Pre-Servicing Works; (s) Maintain records to produce complete and accurate records (as-constructed drawings); (t) Arrange complete construction progress meetings with the Municipality to satisfy the Municipality as to the Pre-Servicing progress, process and procedures; (u) Prepare and issue to the Municipality detailed notes of the progress meetings, no later than three (3) working days after the date of each meeting; (v) Not change either its Consulting Engineer or any Contractor approved for the Pre-Servicing Works without having provided reasonable notice to the Municipality and having obtained the consent of the Municipality, which consent will not unreasonably withheld; and (tw) Cease construction immediately upon receipt of written direction from the Municipality which direction to cease construction shall be issued at the sole discretion of the Municipality acting reasonably, and return the Lands to a safe and tidy condition with free drainage, prior to demobilizing. The obligations of the Developer set out herein shall be performed at all times to the satisfaction of the Municipality.

DEVELOPER’S CONSTRUCTION OBLIGATIONS. In addition to the foregoing, the Developer covenants and agrees that during the course of the construction of the Pre-Servicing Works, the Developer shall: (a) Continue to maintain the erosion and siltation control devices and structures, fencing, and access control; (b) Put and keep in place measures to control ponding, weeds, dust and mud as well as erosion, siltation and slippage conditions; (c) Continuously keep all roads and sidewalks used for access to the Lands as well as streets and sidewalks surrounding the Lands in good condition, free from mud mud,dust, construction equipment/vehicles and dust materials during construction; (d) Maintain all parking spaces and driveways with a stable surface so as to prevent the raising of dust; (e) Continue to maintain tree preservation and protection for existing trees; (f) Supply and install, at its cost, all traffic control signs and devices and prior to roadways being used, to erect signs a minimum of 1.2 metres by 1.5 metres to read as follows: “ROAD NOT ASSUMED BY MUNICIPALITY – USE AT YOUR OWN RISK”; (g) Prior to any construction, provide construction access to the Lands including all necessary signage, whether temporary or permanent, and which approved access will be the only access to the Lands until otherwise authorized by the Municipality with the temporary access to be removed by the Developer when directed by the Municipality; (h) Construct all Pre-Servicing Works to so that they will conform to the road, lot and building block pattern of the draft plan of subdivision; (i) Permit, at all times, access to the Lands by the Municipality, its employees, agents and designates to inspect and otherwise observe the progress of construction, and if necessary, to effect emergency repairs to take remedial action; (j) Maintain all access roads in good repair; (k) Not interfere with or obstruct the use of sidewalks and roadways outside the limits of the Lands without the consent of the Municipality; (l) Maintain an unobstructed emergency route at all times with a minimum width of six (6) metres constructed of granular and with sufficient compaction to provide access for all emergency vehicles; (m) Be responsible for any damage caused to any existing utility, road, street, structure or plan; (n) Ensure that there are no hazardous conditions on the Lands; (o) Dispose of all construction refuse and debris in an orderly and sanitary fashion off the Lands; (p) Not engage in any blasting operations without the consent of the Municipality and providing appropriate insurance coverage for such operations; (q) Maintain the Pre-Servicing Works after construction is completed until a Subdivision Agreement is executed with the Municipality; (r) Provide written notice of any change in relation to the Pre-Servicing Works; (s) Not change either its Consulting Engineer or any Contractor approved for the Pre-Servicing Works without having provided reasonable notice to the Municipality and having obtained the consent of the Municipality, which consent will not unreasonably withheld; and (t) Cease construction immediately upon receipt of written direction from the Municipality which direction to cease construction shall be issued at the sole discretion of the Municipality acting reasonably, and return the Lands to a safe and tidy condition with free drainage, prior to demobilizing. The obligations of the Developer set out herein shall be performed at all times to the satisfaction of the Municipality.