Common use of General Responsibilities and Standards Clause in Contracts

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌ (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and (B) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and the Project Co Phasing Plan and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Interim Completion by the Scheduled Interim Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (BC) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on courthouse facilities that are comparable to the Facility; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Project Works Schedule Schedules and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌Agreement, (A) achieve Interim Completion by the Scheduled Interim Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and (BC) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with the Quality Plans and the Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Governmental Activities; (xi) coordinate with the Municipality all Construction Activities relating to Existing Third Party Infrastructure owned by the Municipality and the New Third Party Infrastructure, including the provision of any Project Works Schedule relating to such infrastructure, so as to minimize the impact of Construction Activities on the Municipality and services provided by the Municipality to the public; and (xixii) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement. (c) [Intentionally Deleted]. (d) Project Co shall, at its own cost and risk, immediately notify Contracting Authority upon the receipt or notice of (and provide Contracting Authority with copies of any correspondence received in relation to), any incident report, investigation report or similar correspondence (in each case, whether in draft or final form) issued by the MOL or any other Governmental Authority in respect of the Works. (e) If Contracting Authority executes an agreement with the Municipality or any third party owner of infrastructure which affects this Project (each, a “Third Party Agreement”) and Contracting Authority provides a copy of the Third Party Agreement or a template agreement upon which Contracting Authority intends to base a Third Party Agreement (each, a “Template Third Party Agreement”) to Project Co, then the following shall apply: (i) If, at any time prior to the Technical Submission Deadline, Contracting Authority provides, (A) a copy of an executed Third Party Agreement to Project Co; or (B) a copy of a Template Third Party Agreement to Project Co, and Contracting Authority subsequently enters into a Third Party Agreement on terms and conditions that are not materially inconsistent with the Template Third Party Agreement in a manner that would result in a material change to the Works (including, for clarity, if Contracting Authority enters into the Third Party Agreement following the Technical Submission Deadline), then Project Co shall, at Project Co’s own cost, ensure that Project Co and the Project Co Parties do not contravene or cause Contracting Authority to contravene the applicable Third Party Agreement(s). (ii) If, at any time following the Technical Submission Deadline, Contracting Authority provides a copy of a Third Party Agreement to Project Co (and provided that Contracting Authority did not provide a copy of the applicable Template Third Party Agreement to Project Co prior to the Technical Submission Deadline in accordance with Section 10.3(e)(i)(B)), then, (A) Project Co shall, at Project Co’s own cost, ensure that Project Co and the Project Co Parties do not, in any way whatsoever, contravene or cause Contracting Authority to contravene the Third Party Agreement; and (B) to the extent that Project Co’s performance of its obligations set out in Section 10.3(e)(ii)(A) would result in a material change to the Works and would not otherwise be required of Project Co under the Project Agreement, then such change shall, subject and in accordance with Schedule 22 – Variation Procedure, result in a Variation. (f) If Project Co has entered into any agreement with a Utility Company with respect to the Works, Project Co shall provide a copy of such agreement to Contracting Authority no later than 15 days after executing such agreement. (g) For greater certainty, the Parties hereby acknowledge and agree that: (i) the Early Contractor Activities form part of the Works; and (ii) any Early Contractor Activities performed or completed by Project Co prior to the date hereof are subject to the terms and provisions of this Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve each Phase Completion by the applicable Scheduled Phase Completion Date; (B) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (BC) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on infrastructure projects that are comparable to the Facilities; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person of the Contracting Authority Parties or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xix) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (B) achieve Final Completion by the Scheduled Final Completion Date;Date;‌ (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person of the Contracting Authority Parties or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve each Phase Completion by the applicable Scheduled Phase Completion Date; (B) achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date; (C) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (BD) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities that are comparable to the Facility; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viiivii) with due regard to the health and safety of persons and property; (ixviii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting AuthoritySMH, any Province Person of the SMH Parties or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xiix) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority SMH in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting AuthoritySMH’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (B) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project DB Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule Schedules and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌Agreement, achieve: (A) achieve East Substantial Completion by the East Scheduled Substantial Completion Date; (B) East Final Completion by the East Scheduled Final Completion Date; (C) West Substantial Completion by the West Scheduled Substantial Completion Date; and (BD) achieve West Final Completion by the West Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on infrastructure that is comparable to the New City Infrastructure and the New MTO Infrastructure; (vi) in a manner consistent with Quality Plans the Integrated Management Management Plans, and Project the DB Co Proposal Extracts;; System and Integrated (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authoritythe City, any Province Person City Party or any Government Entity to comply with Applicable Law;; and (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Governmental Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project DB Co shall cooperate with Contracting Authority the City in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project DB Co shall not be under any obligation to perform any of Contracting Authoritythe City’s obligations under this Project Agreement. (c) DB Co shall, at its own cost and risk: (i) without prejudice to the City’s obligations under Sections 9 and 16.1, coordinate with the City all Construction Activities relating to Existing Infrastructure and Stage 1 Connection Infrastructure owned by the City or MTO and the New MTO Infrastructure, including the provision of the Works Schedules, and any updates to the Works Schedules relating to such infrastructure, so as to minimize the impact of Construction Activities on City or MTO operations and services provided by the City or MTO to the public; and (ii) subject to Section 11.29, enter into any Utility Agreements that may be required by Utility Companies to complete the Works; (d) [Not used] (e) DB Co shall, at its own cost and risk, as soon as possible, and in any event within twenty-four

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (B) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (viv) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on post-secondary education facilities that are comparable to the Facility; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (viiv) in a timely and professional manner; (viiivi) with due regard to the health and safety of persons and property; (ixvii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity and which will enable the College and the College Parties to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xiviii) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority the College in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authoritythe College’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (B) achieve Final Completion by the Scheduled Final Completion Date;Date;‌ (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (B) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry Practice; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viii) with due regard to the health and safety of persons and property; (ix) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting Authority, any Province Person of the Contracting Authority Parties or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xi) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting Authority’s obligations under this Project Agreement.

General Responsibilities and Standards. ‌ (a) Project Co shall, at its own cost and risk, perform and complete the Works:‌Works: (i) in accordance with the Baseline Works Schedule and, in this regard, shall commence the Works no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,‌ Agreement, (A) achieve each Phase Completion by the applicable Scheduled Phase Completion Date; (B) achieve Tower Interim Completion by the Scheduled Tower Interim Completion Date; (C) achieve Substantial Completion by the Scheduled Substantial Completion Date; and and (BD) achieve Final Completion by the Scheduled Final Completion Date; (ii) in compliance with Applicable Law; (iii) so as to satisfy the Output Specifications; (iv) in compliance with all Permits, Licences, Approvals and Agreements and so as to preserve the existence and continued effectiveness of any such Permits, Licences, Approvals and Agreements; (v) in accordance with Good Industry PracticePractice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on hospital facilities that are comparable to the Facility; (vi) in a manner consistent with Quality Plans and Project Co Proposal Extracts; (vii) in a timely and professional manner; (viiivii) with due regard to the health and safety of persons and property; (ixviii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of Contracting AuthorityJBH, any Province Person of the JBH Parties or any Government Entity to comply with Applicable Law; (x) subject to the other provisions of this Project Agreement, in a manner which will not impair the performance of the Contracting Authority Activities; and (xiix) in accordance with all other terms of this Project Agreement. (b) Project Co shall cooperate with Contracting Authority JBH in the fulfillment of the purposes and intent of this Project Agreement, provided however that Project Co shall not be under any obligation to perform any of Contracting AuthorityJBH’s obligations under this Project Agreement.