Common use of Failure to Rectify Minor Deficiencies Clause in Contracts

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any Minor Deficiencies List: (i) within 60 days of the issuance of the applicable Minor Deficiencies List for the related Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% of the amount estimated by the Independent Certifier for the City to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 75 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City IO may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for the City IO to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City IO may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City IO shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City IO shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where IO exercises its rights pursuant to Section 24.10, if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City IO for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 75 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for or rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City MHCP may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for the City MHCP to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor DeficiencyDeficiencies, at the risk and cost of Project Co, and the City MHCP may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City MHCP shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City MHCP shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where MHCP exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City MHCP for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 75 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% of the amount estimated by the Independent Certifier for the City to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) CTC may engage others to perform the work necessary to complete and rectify any such Minor DeficiencyDeficiencies, at the risk and cost of Project Co, and the City CTC may deduct such cost from the holdback amount Completion Holdback and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City CTC shall release to Project Co the amount of the holdback Completion Holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City CTC shall release to Project Co the then remaining amount of the holdbackCompletion Holdback, together with all interest accrued thereon. If Where the CTC exercises its rights pursuant to Section 24.10(a), if the cost of such completion and rectification exceeds the amount of such holdback Completion Holdback and interest, then Project Co shall reimburse the City CTC for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List:List or any supplementary Minor Deficiencies List in respect of the Phase 2A Works (i) within 60 75 days of the issuance of the applicable such Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable such Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City WCH may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for the City WCH to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City WCH may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City WCH shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City WCH shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where WCH exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City WCH for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 75 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City HMQ may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for the City HMQ to complete and rectify all such Minor Deficiencies (to the extent then outstanding) (the “HMQ Holdback”), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor DeficiencyDeficiencies, at the risk and cost of Project Co, and the City HMQ may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City HMQ shall release to Project Co the amount of the holdback HMQ Holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City HMQ shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where HMQ exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City HMQ for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 365 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City Ministry may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% of the amount estimated by the Independent Certifier for the City Ministry to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City Ministry may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each all Minor DeficiencyDeficiencies in connection with Phase One Substantial Completion or Substantial Completion, as applicable, the City shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City Ministry shall release to Project Co the then remaining amount of the relevant holdback, together with all interest accrued thereon. If Where the Ministry exercises its rights pursuant to Section 25.6(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City Ministry for all such excess cost.

Failure to Rectify Minor Deficiencies. (a) If Project Co has failed to complete and rectify any Minor Deficiency specified in any the Minor Deficiencies List: (i) within 60 75 days of the issuance of the applicable Minor Deficiencies List for the related all Minor Deficiencies where no time for rectification or completion has been specified by the Independent Certifier, or (ii) within 30 days after the time for completion and rectification of any Minor Deficiency where such a time has been specified in applicable the Minor Deficiencies List by the Independent Certifier, Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 111 CAN: 26350049.2 BD-#30398459-v2 the City HHS may: (iii) withhold from the next payment or payments otherwise due to Project Co a holdback amount that is 200% [REDACTED]% of the amount estimated by the Independent Certifier for the City HHS to complete and rectify all such Minor Deficiencies (to the extent then outstanding), which holdback shall be held in an interest bearing account; and (iv) engage others to perform the work necessary to complete and rectify any such Minor Deficiency, at the risk and cost of Project Co, and the City HHS may deduct such cost from the holdback amount and interest earned thereon. (b) Upon completion and rectification of each Minor Deficiency, the City HHS shall release to Project Co the amount of the holdback related to such Minor Deficiency. Upon completion and rectification of all Minor Deficiencies, the City HHS shall release to Project Co the then remaining amount of the holdback, together with all interest accrued thereon. If Where HHS exercises its rights pursuant to Section 24.10(a)(iv), if the cost of such completion and rectification exceeds the amount of such holdback and interest, then Project Co shall reimburse the City HHS for all such excess cost.