Common use of Licence to Site Clause in Contracts

Licence to Site. (a) Subject to Section 14.1(f), effective as of [REDACTED] until the Termination Date and subject to this Section 14, HRRH hereby grants or has caused to be granted, and shall continuously until the Termination Date grant or cause to be granted, to Project Co and all Project Co Parties such non-exclusive licence rights of use and access to, on and over the Site and Facility, except such rights set out as a Project Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 to Schedule 1 – Definitions and Interpretation, as are required by Project Co and such Project Co Parties sufficient (subject to Project Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 to Schedule 1 – Definitions and Interpretation) to allow Project Co and such Project Co Parties to perform the Project Operations. For clarity, the Site shall be deemed to not include the Access Lands upon such time as the Access Lands are assumed by the City of Toronto and dedicated as public roads. (b) In consideration for the licence granted pursuant to Section 14.1(a), Project Co shall provide the Project Operations subject to and in accordance with this Project Agreement. (c) Without derogating from any of HRRH’s rights hereunder, in particular, its rights of access to the Site prior to the Substantial Completion Date for purposes of the Hospital Commissioning, HRRH acknowledges that, in respect of the Project Operations, Project Co and the Project Co Parties require, and HRRH shall provide, subject to Section 14.1(f), access to the Site and the Facility without material interference by HRRH or any HRRH Party from November 1, 2011 until the Termination Date. (d) Except as may be provided in the Permits, Licences, Approvals and Agreements, none of the rights granted pursuant to this Section 14.1 shall extend beyond the boundaries of the Site, or to any lands other than the Site, other than easements and similar interests of HRRH which benefit the Site, obtained after the date of this Project Agreement, to the extent the same are necessary for the Project Operations. (e) The licence provided in this Section 14.1 shall automatically terminate as of the Termination Date. (f) Project Co acknowledges that the portion of the Site identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications is not accessible by Project Co or any Project Co Party until January 1, 2012. For certainty, the licence rights granted to Project Co hereunder shall not apply to the lands identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications until January 1, 2012.

Licence to Site. (a) Subject to Section 14.1(f), effective as of Effective from [REDACTED] until the Termination Date and subject to this Section 14Article 16, HRRH Contracting Authority hereby grants or has caused shall cause to be granted, and shall continuously until the Termination Date earlier of the termination of the Project Agreement or Final Completion grant or cause to be granted, to Project Co and all Project Co Parties such non-exclusive licence rights of use and access to, on and over the Site and Facilitythe Facility in accordance with the Phasing Requirements (which, for clarity, are applicable only during the Works), except such rights set out as a Project Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation, as are required by Project Co and such Project Co Parties and sufficient (subject to Project Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such Project Co Parties to perform the Works. Following Final Completion, Contracting Authority shall grant, or cause to be granted, to Project Operations. For clarityCo and all Project Co Parties such rights of use and access to, on and over the Site shall be deemed and the Facility as are required by Project Co and such Project Co Parties and sufficient (subject to not include Project Co performing its obligations described in the Access Lands upon Permits, Licences, Approvals and Agreements tables attached as Appendix “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such time as Project Co Parties to carry out its remaining obligations under the Access Lands are assumed by the City of Toronto and dedicated as public roadsProject Agreement. (b) In consideration for the licence granted pursuant to Section 14.1(a16.1(a), Project Co shall provide the Project Operations Works subject to and in accordance with this Project Agreement. (c) Without derogating from any of HRRHContracting Authority’s rights hereunder, in particularparticular and subject to this Section 16.1(c), its the rights of access to the Site prior to the Phase Completion Date and the Substantial Completion Date for purposes of the Hospital Phase Contracting Authority Commissioning and the Contracting Authority Commissioning, HRRH Contracting Authority acknowledges that, in respect of the Project OperationsWorks, Project Co and the Project Co Parties require, and HRRH Contracting Authority shall provide, subject to Section 14.1(f), access to the Site and the Facility in accordance with the Phasing Requirements without material interference by HRRH Contracting Authority or any HRRH Contracting Authority Party from November 1, 2011 the date of Financial Close until the Termination Date. Project Co further acknowledges that following Final Completion, its access to the Site and the Facility shall be subject to the Contracting Authority Activities. (d) Except as may be provided in the Permits, Licences, Approvals and Agreements, none None of the rights granted pursuant to this Section 14.1 16.1 shall extend beyond the boundaries of the Site, or to any lands other than the Site, other than easements and similar interests of HRRH Contracting Authority which benefit the Site, obtained after the date of this Project Agreement, to the extent the same are necessary for the Works. Notwithstanding the foregoing, Contracting Authority shall provide Project OperationsCo with limited access to the Existing Facilities to the extent necessary to perform the Works and subject to such reasonable conditions as are imposed by Contracting Authority. (e) Project Co agrees to: (i) cordon off areas within the Existing Facilities where Project Co is performing the Works required under the Project Documents and as approved by the Contracting Authority Representative; and (ii) use such access to the Existing Facilities, including loading docks, freight elevators and access routes as provided in the Output Specifications and as otherwise directed by the Contracting Authority Representative. (f) The licence and access rights provided in this Section 14.1 16.1 shall automatically terminate as of the Termination Date. (fg) Project Co acknowledges that that, prior to Final Completion, the portion GIHF Lands will become development lands for the GIHF which will be located on the Lands. Contracting Authority hereby grants or shall cause to be granted, and shall continuously until the earlier of the termination of the Project Agreement or Final Completion grant or cause to be granted, to Project Co and all Project Co Parties the right to sublicense the use and access to the Access Road or the Site in accordance with Schedule 33 – Construction Procedures Agreement. The GIHF Lands are designated as a separate construction site and the access to the Site through the Access Road by the GIHF Developer and its personnel during the construction of the GIHF will be required to be shared and coordinated with Project Co and all Project Co Parties as set out in the Output Specifications and in the Construction Procedures Agreement. On or before Financial Close, each of Contracting Authority and Project Co shall execute the Construction Procedures Agreement and upon GIHF Developer entering into the GIHF Agreement, Contracting Authority shall cause the GIHF Developer to countersign the Construction Procedures Agreement as signed by each of Contracting Authority and Project Co. The Construction Procedures Agreement shall provide for, among other things, the coordination of the respective activities of Project Co, all Project Co Parties and the GIHF Developer, in particular, their respective rights and obligations with respect to Access Road, insurance rights and rights of repair, coordination of cranage, construction traffic management and construction phasing. (h) Project Co, and all Project Co Parties, in exercising their rights under Section 16.1(a) and 16.1(c) will do so in a manner which does not materially interfere with the access to the GIHF Lands by other persons during the performance of the Works. The Project Co Parties shall work cooperatively with the GIHF Developer to prevent material adverse interference with the respective access rights of either Project Co or the GIHF Developer and to grant the GIHF Developer the required access to the Access Road and to such other areas of the Site identified in cross-hatch on the sketch contained at Subsection 1.1.2(nevent of any Potential Interaction for which the GIHF Developer requires such access, as provided for in Schedule 33 – Construction Procedures Agreement. (i) of Project Co acknowledges that, notwithstanding Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications is 16.2(b), the interaction with the GIHF Developer as contemplated by the foregoing provisions under this Section 16.1 and the Construction Procedures Agreement, shall not accessible be cause for justifiable delay by Project Co or in performance hereunder pursuant to Section 30.1(a)(vi) nor support any Project Co Party until January 1, 2012. For certainty, the licence rights granted to Project Co hereunder shall not apply to the lands identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) claim for additional compensation nor any other further cause of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications until January 1, 2012action against Contracting Authority.

Licence to Site. (a) Subject to Section 14.1(f), effective as of Effective from [REDACTED] until the Termination Date and subject to this Section 14Article 16, HRRH Contracting Authority hereby grants or has caused shall cause to be granted, and shall continuously until the Termination Date earlier of the termination of the Project Agreement or Final Completion grant or cause to be granted, to Project Co and all Project Co Parties such non-exclusive licence rights of use and access to, on and over the Site and Facilitythe Facility in accordance with the Phasing Requirements (which, for clarity, are applicable only during the Works), except such rights set out as a Project Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation, as are required by Project Co and such Project Co Parties and sufficient (subject to Project Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such Project Co Parties to perform the Works. Following Final Completion, Contracting Authority shall grant, or cause to be granted, to Project Operations. For clarityCo and all Project Co Parties such rights of use and access to, on and over the Site shall be deemed Lands and the Facility as are required by Project Co and such Project Co Parties and sufficient (subject to not include Project Co performing its obligations described in the Access Lands upon Permits, Licences, Approvals and Agreements tables attached as Appendix “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such time as Project Co Parties to carry out its remaining obligations under the Access Lands are assumed by the City of Toronto and dedicated as public roadsProject Agreement. (b) In consideration for the licence granted pursuant to Section 14.1(a16.1(a), Project Co shall provide the Project Operations Works subject to and in accordance with this Project Agreement. (c) Without derogating from any of HRRHContracting Authority’s rights hereunder, in particularparticular and subject to this Section 16.1(c), its the rights of access to the Site Lands prior to a Phase Completion Date and the Substantial Completion Date for purposes of the Hospital Phase Contracting Authority Commissioning and the Contracting Authority Commissioning, HRRH Contracting Authority acknowledges that, in respect of the Project OperationsWorks, Project Co and the Project Co Parties require, and HRRH Contracting Authority shall provide, subject to Section 14.1(f), access to the Site Lands and the Facility in accordance with the Phasing Requirements without material interference by HRRH Contracting Authority or any HRRH Contracting Authority Party from November 1, 2011 the date of Financial Close until the Termination Date. Project Co further acknowledges that following Final Completion, its access to the Lands and the Facility shall be subject to the Contracting Authority Activities. (d) Except as may be provided in the Permits, Licences, Approvals and Agreements, none None of the rights granted pursuant to this Section 14.1 16.1 shall extend beyond the boundaries of the SiteLands, or to any lands other than the SiteLands, other than easements and similar interests of HRRH Contracting Authority which benefit the SiteLands, obtained after the date of this Project Agreement, to the extent the same are necessary for the Works. Notwithstanding the foregoing, Contracting Authority shall provide Project OperationsCo with limited access to the Existing Facilities to the extent necessary to perform the Works and subject to such reasonable conditions as are imposed by Contracting Authority. (e) Project Co agrees to: (i) cordon off areas within the Existing Facilities where Project Co is performing the Works required under the Project Documents and as approved by the Contracting Authority Representative; and (ii) use such access to the Existing Facilities, including loading docks, freight elevators and access routes as provided in the Output Specifications and as otherwise directed by the Contracting Authority Representative. (f) The licence and access rights provided in this Section 14.1 16.1 shall automatically terminate as of the Termination Date. (f) Project Co acknowledges that the portion of the Site identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications is not accessible by Project Co or any Project Co Party until January 1, 2012. For certainty, the licence rights granted to Project Co hereunder shall not apply to the lands identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications until January 1, 2012.

Licence to Site. ‌ (a) Subject to Section 14.1(f), effective as Effective from the date of [REDACTED] Financial Close until the Termination Date and subject to this Section 14Article 16, HRRH the College hereby grants or has caused shall cause to be granted, and shall continuously until the Termination Date earlier of the termination of the Project Agreement or Final Completion grant or cause to be granted, to Project Co and all Project Co Parties such non-exclusive licence rights of use and access to, on and over the Site and Facilitythe Facility in accordance with the Phasing Requirements, except such rights set out as a Project Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation, as are required by Project Co and such Project Co Parties sufficient (subject to Project Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such Project Co Parties to perform the Project OperationsWorks. For clarityFollowing Final Completion, the College shall grant, or cause to be granted, to Project Co such rights of use and access to, on and over the Site shall be deemed and the Facility as are required by Project‌ Co and sufficient (subject to not include Project Co performing its obligations described in the Access Lands upon such time Permits, Licences, Approvals and Agreements tables attached as Appendix “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co to carry out its remaining obligations under the Access Lands are assumed by the City of Toronto and dedicated as public roadsProject Agreement. (b) In consideration for the licence granted pursuant to Section 14.1(a16.1(a), Project Co shall provide the Project Operations Works subject to and in accordance with this Project Agreement. (c) Without derogating from any of HRRHthe College’s rights hereunder, in particularparticular and subject to this Section 16.1(c), its the rights of access to the Site prior to the Substantial Completion Date for purposes of the Hospital College Commissioning, HRRH the College acknowledges that, in respect of the Project OperationsWorks, Project Co and the Project Co Parties require, and HRRH the College shall provide, subject access to Section 14.1(f)the Site in accordance with the Phasing Requirements without material interference by the College or any College Party from the date of Financial Close until the Termination Date. Project Co further acknowledges that following Final Completion, its access to the Site and the Facility without material interference by HRRH or any HRRH Party from November 1, 2011 until shall be subject to the Termination Date.College Activities.‌ (d) Except as may be provided in the Permits, Licences, Approvals and Agreements, none None of the rights granted pursuant to this Section 14.1 16.1 shall extend beyond the boundaries of the Site, or to any lands other than the Site, other than easements and similar interests of HRRH the College which benefit the Site, obtained after the date of this Project Agreement, to the extent the same are necessary for the Works. Notwithstanding the foregoing, the College shall provide Project OperationsCo with limited access to the Existing Facilities in accordance with the Phasing Requirements, to the extent necessary to perform the Works and subject to such reasonable conditions as are imposed by the College. (e) Project Co agrees to: (i) provide hoarding around the licensed area outside of the Existing Facilities in accordance with the Project Documents; (ii) cordon off areas within the Existing Facilities where Project Co is performing the Works required under the Project Documents and as approved by the College Representative; and (iii) use such access to the Existing Facilities, including loading docks, freight elevators and access routes as provided in the Output Specifications and as otherwise directed by the College Representative. (f) The licence and access rights provided in this Section 14.1 16.1 shall automatically terminate as of the Termination Date. (f) Project Co acknowledges that the portion of the Site identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications is not accessible by Project Co or any Project Co Party until January 1, 2012. For certainty, the licence rights granted to Project Co hereunder shall not apply to the lands identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications until January 1, 2012.

Licence to Site. (a) Subject to Section 14.1(f), effective as of [REDACTED] Effective from the date set out in the Special Provisions in Schedule 1 Part A for each Site until the Termination Date and subject to this Section 14Article 16, HRRH the CTC hereby grants or has caused shall cause to be granted, and shall continuously until the Termination Date earlier of the termination of the Project Agreement or Final Completion grant or cause to be granted, to Project Co and all Project Co Parties such non-exclusive licence rights of use and access to, on and over the Site and the Facility, except such rights set out as a Project Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation, as are required by Project Co and such Project Co Parties sufficient (subject to Project Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Appendix 1 “A” to Schedule 1 – Definitions and Interpretation) to allow Project Co and such Project Co Parties to perform the Project OperationsWorks. For clarityFollowing Final Completion, the CTC shall grant, or cause to be granted, Project Co access to the Site shall be deemed and the Facility necessary for Project Co to not include carry out its remaining obligations under the Access Lands upon such time as the Access Lands are assumed by the City of Toronto and dedicated as public roadsProject Agreement. (b) In consideration for the licence granted pursuant to Section 14.1(a16.1(a), Project Co shall provide the Project Operations Works subject to and in accordance with this Project Agreement. (c) Without derogating from any of HRRHthe CTC’s rights hereunder, in particularparticular and subject to this Section 16.1(c), its the rights of access to the Site prior to the Substantial Completion Date for purposes of the Hospital CTC Commissioning, HRRH the CTC acknowledges that, in respect of the Project OperationsWorks, Project Co and the Project Co Parties require, and HRRH the CTC shall provide, subject access to Section 14.1(f)the Site without material interference by the CTC or any CTC Party from the date of Financial Close until the Termination Date. Project Co further acknowledges that following Final Completion, its access to the Site and the Facility without material interference by HRRH or any HRRH Party from November 1, 2011 until shall be subject to the Termination DateCTC Activities. (d) Except as may be provided in the Permits, Licences, Approvals and Agreements, none None of the rights granted pursuant to this Section 14.1 16.1 shall extend beyond the boundaries of the Site, or to any lands other than the Site, other than easements and similar interests of HRRH the CTC which benefit the Site, obtained after the date of this Project Agreement, to the extent the same are necessary for the Project OperationsWorks. (e) The licence and access rights provided in this Section 14.1 16.1 shall automatically terminate as of the Termination Date. (f) Project Co acknowledges that the portion of the Site identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications is not accessible by Project Co or any Project Co Party until January 1, 2012. For certainty, the licence rights granted to Project Co hereunder shall not apply to the lands identified in cross-hatch on the sketch contained at Subsection 1.1.2(n) of Section 2.5.2 of Part 2 of Schedule 15 - Output Specifications until January 1, 2012.