Common use of Items of Geological, Historical or Archaeological Interest or Value Clause in Contracts

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites are or shall be the sole and absolute property of SJHC. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC shall issue an instruction to Project Co specifying what action SJHC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCthe CTC. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC CTC Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - – Heritage Guidelines and Protocols. (c) In the event that SJHC the CTC wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC the CTC shall issue an instruction to Project Co specifying what action SJHC the CTC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. ‌ (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHC.the College.‌ (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall:shall:‌ (i) immediately inform the SJHC College Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - the Funeral, Burial and Cremations Act and the Heritage Guidelines and Protocols. (c) In the event that SJHC the College wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC the College shall issue an instruction to Project Co specifying what action SJHC the College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions.instructions.‌ (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCHMQ. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC HMQ Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - – Heritage Guidelines and Protocols. (c) In the event that SJHC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC HMQ shall issue an instruction to Project Co specifying what action SJHC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3730, be treated as a Delay Event and, subject to and in accordance with Section 3831, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCWCH. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC WCH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC WCH wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC WCH shall issue an instruction to Project Co specifying what action SJHC WCH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCthe CTC. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC CTC Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines the Funeral, Burial and ProtocolsCremations Act. (c) In the event that SJHC the CTC wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC the CTC shall issue an instruction to Project Co specifying what action SJHC the CTC requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCthe College. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC College Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - – Heritage Guidelines and Protocols. (c) In the event that SJHC the College wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC the College shall issue an instruction to Project Co specifying what action SJHC the College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCthe College. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC College Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - the Funeral, Burial and Cremations Act and the Heritage Guidelines and Protocols. (c) In the event that SJHC the College wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC the College shall issue an instruction to Project Co specifying what action SJHC the College requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCHMQ. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC HMQ Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC HMQ shall issue an instruction to Project Co specifying what action SJHC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3738, be treated as a Delay Event and, subject to and in accordance with Section 3839, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCWGH. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC WGH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC WGH wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC WGH shall issue an instruction to Project Co specifying what action SJHC WGH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3739, be treated as a Delay Event and, subject to and in accordance with Section 3840, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCHRRH. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC HRRH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC HRRH wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC HRRH shall issue an instruction to Project Co specifying what action SJHC HRRH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCIO. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC IO Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 17 - Heritage Guidelines and Protocols. (c) In the event that SJHC IO wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC IO shall issue an instruction to Project Co specifying what action SJHC IO requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3738, be treated as a Delay Event and, subject to and in accordance with Section 3839, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Lands are or shall be the sole and absolute property of SJHCthe Ministry. (b) The Ministry shall be responsible for items referred to in Section 16.3(a) except for any such items that were described in, or were properly inferable, readily apparent or readily discoverable from, the Environmental Reports. (c) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works), Project Co shall: (i) immediately inform the SJHC Ministry Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far Project Operations insofar as performing such Works Project Operations would endanger the item or prevent or impede its excavation; (iii) , take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) , and comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines 15 – Technical Requirements and Protocolsthe Environmental Protection Plan: (A) at the Ministry’s cost pursuant to Section 16.3(e), in respect of any such discovery for which the Ministry is responsible pursuant to Section 16.3(b); and (B) at its own cost in respect of any such discovery for which it is responsible pursuant to Section 16.3(b). (cd) In the event that SJHC the Ministry wishes Project Co to perform actions in respect of any discovery of any item referred to in Section 16.3(a) which are in addition to any required pursuant to Section 16.3(b16.3(c), then SJHC the Ministry shall issue an instruction to Project Co specifying what action SJHC any action(s) the Ministry requires Project Co to take and Project Co shall promptly and diligently comply with all such instructionsinstructions at the Ministry’s cost pursuant to Section 16.3(e). (de) If If, pursuant to Sections 16.3(b) and 16.3(c) require or 16.3(d), Project Co is required to perform any alteration, addition, demolition, extension or variation in the Works as a result of such any discovery for which the Ministry is responsible pursuant to Section 16.3(b) or as a result of any instructions given by the Ministry pursuant to Section 16.3(d) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation (but in the case of Section 16.3(c), only to the extent it directly results in the interruption of the Works during a continuous period of 14 days or more with respect to each such discovery) shall, subject to and in accordance with Section 3739, be treated as a Delay Event and, subject to and in accordance with Section 3840, be treated as a Compensation Event. (f) In the event that the Ministry and Project Co do not agree as to the nature or extent of the actions required to be performed by Project Co pursuant to Section 16.3(c)(ii), such disagreement shall be referred for determination to an independent and suitably qualified and experienced person, acceptable to Project Co and the Ministry, each acting reasonably (and the costs and expenses of retaining such person shall be borne by the unsuccessful Party). Such person’s decision shall be final and binding on the Parties except to the extent that: (i) the Parties cannot agree with respect to an acceptable independent and suitably qualified and experienced person; or (ii) 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 22 - Dispute Resolution Procedure.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCCAMH. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC CAMH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC CAMH wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC CAMH shall issue an instruction to Project Co specifying what action SJHC CAMH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCHMQ. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC HMQ Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC HMQ shall issue an instruction to Project Co specifying what action SJHC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3730, be treated as a Delay Event and, subject to and in accordance with Section 3831, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site are or shall be the sole and absolute property of SJHCSMH. (b) Upon the discovery of any item referred to in Section 16.3(a18.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC SMH Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - the Funeral, Burial and Cremations Act and the Heritage Guidelines and Protocols. (c) In the event that SJHC SMH wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b18.3(b), then SJHC SMH shall issue an instruction to Project Co specifying what action SJHC SMH requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b18.3(b) and 16.3(c18.3(c) require Project Co to perform any alteration, addition, demolitionDemolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolitionDemolition, extension or variation in the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Site, the Facility or the Off-Site Parking Lot Lands are or shall be the sole and absolute property of SJHCHMQ. (b) Upon the discovery of any item referred to in Section 16.3(a) during the course of the Works, Project Co shall: (i) immediately inform the SJHC HMQ Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works in so far as performing such Works would endanger the item or prevent or impede its excavation; (iii) take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols. (c) In the event that SJHC HMQ wishes Project Co to perform actions which are in addition to any required pursuant to Section 16.3(b), then SJHC HMQ shall issue an instruction to Project Co specifying what action SJHC HMQ requires Project Co to take and Project Co shall promptly and diligently comply with all such instructions. (d) If Sections 16.3(b) and 16.3(c) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works as a result of such discovery and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation in the Works shall, subject to and in accordance with Section 3738, be treated as a Delay Event and, subject to and in accordance with Section 3839, be treated as a Compensation Event.

Items of Geological, Historical or Archaeological Interest or Value. (a) As between the Parties, all fossils, artefacts artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, which may be found on or at the Sites Lands or Highway Site are or shall be the sole and absolute property of SJHCthe City. (b) The City shall be responsible for items referred to in Section 16.3(a) except for any such items that were described in, or were properly inferable, readily apparent or readily discernable from the Background Information and any such items on the Stage 2 Lands that were described in, or were properly inferable, readily apparent or readily discernable from the Stage 2 Background Information, provided that the City shall be responsible for any such items which are notified to the City by DB Co or Project Co during the course of the DB Co Works (whether such items are the responsibility of the City or not) and where the City does not require their resolution prior to the completion of the DB Co Works. (c) Upon the discovery of any item referred to in Section 16.3(a) during the course performance of the WorksProject Scope, Project Co shall:: Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 72 CAN: 26350049.2 BD-#30398459-v2 (i) immediately inform the SJHC City Representative of such discovery; (ii) take all steps not to disturb the item and, if necessary, cease any Works activities within the Project Scope in so far as performing such Works Project Scope would endanger the item or prevent or impede its excavation; (iii) , take all necessary steps to preserve and ensure the preservation of the item in the same position and condition in which it was found; and (iv) , and comply, and ensure compliance by all Project Co Parties, with Applicable Law and all requirements of Governmental Authorities with respect to such discovery, including Schedule 19 - Heritage Guidelines and Protocols17 – Environmental Obligations, Part 7: (A) at the City’s cost pursuant to Section 16.3(e), in respect of any such discovery for which the City is responsible pursuant to Section 16.3(b) and (B) at its own cost in respect of such discovery for which it is responsible pursuant to Section 16.3(b). (cd) In the event that SJHC the City wishes Project Co to perform actions in respect of any discovery of any item referred to in Section 16.3(a) which are in addition to any required pursuant to Section 16.3(b16.3(c), then SJHC the City shall issue an instruction to Project Co specifying what action SJHC the City requires Project Co to take and Project Co shall promptly and diligently comply with all such instructionsinstructions at the City’s cost pursuant to Section 16.3(e). (de) If Sections 16.3(bSection 16.3(c) and 16.3(cor 16.3(d) require Project Co to perform any alteration, addition, demolition, extension or variation in the Works activities within the Project Scope as a result of any such discovery for which the City is responsible pursuant to Section 16.3(b) or as a result of any instructions given by the City pursuant to Section 16.3(d) and which would not otherwise be required under this Project Agreement, then any such alteration, addition, demolition, extension or variation (but only to the extent it directly results in the Works shall, interruption of the performance of the Project Scope or the Highway Work during a continuous period of 5 Business Days or more with respect to each such discovery) shall subject to and in accordance with Section 3740, be treated as a Delay Event and, subject to and in accordance with Section 3841, be treated as a Compensation Event. (f) In the event that the City and Project Co do not agree as to the nature or extent of the actions required to be performed by Project Co pursuant to Section 16.3(c)(ii), such disagreement shall be referred for determination to an independent and suitably qualified and experienced person, acceptable to Project Co and the City, each acting reasonably (and the costs and expenses of retaining such person shall be borne by the unsuccessful