Common use of Minor Deficiencies Clause in Contracts

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTC, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTC’s use and enjoyment of the Facility or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Equipment and Existing Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. ‌ (a) In the event that any Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCCollege, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC College may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] REDACTED]% of the amount estimated by the Independent Certifier for the CTC College to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTCCollege’s use and enjoyment of the Facility or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC College may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Equipment and Existing EquipmentFF&E, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the a Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCCity, shall shall, within 15 Business Days of Project Co’s application, prepare a list of all Minor Deficiencies (the a “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Amended and Restated Project Agreement Ottawa Light Rail Transit Project REDACTED Execution Version CONFIDENTIAL AND PROPRIETARY Page 110 CAN: 26350049.2 BD-#30398459-v2 Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any lane or track closures, traffic diversions or restrictions or other impairment of the CTCpublic’s use and enjoyment of the Facility System or the relevant portion thereof, or disruption of the Project Scope or of the operations of the City, any City Party, any Governmental Authority or any Other Contractor, including the performance of the Governmental Activities and the Other Works, and otherwise in accordance with the Traffic and Transit Management Plan. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC City may, in its sole discretionDiscretion, waive any requirement for Substantial Completion, including with respect to Equipment and Existing Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice or the Phase 2A Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCWCH, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List or any supplementary Minor Deficiencies List in respect of the Phase 2A Works will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTCWCH’s use and enjoyment of the Facility or disruption of the WorksProject Operations or the performance of the Hospital Services. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. The Independent Certifier must prepare a supplementary Minor Deficiencies List in respect of the Phase 2A Works in relation to the Phase 2A Completion Notice before the Phase 2A Completion Certificate is issued, but shall not withhold the Phase 2A Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC WCH may, in its sole discretion, waive any requirement for Substantial Completion or Phase 2A Completion, including with respect to relevant Equipment and Existing Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTC, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTC’s use and enjoyment of the Facility or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Equipment and Existing Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the a Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCMinistry, shall shall, within 15 Business Days of Project Co’s application, prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any lane closures, traffic diversions or restrictions or other impairment of the CTCpublic’s use and enjoyment of the Facility Bypass or the relevant portion thereof, or disruption of the Project Operations or of the operations of the Ministry, any Province Person, any Governmental Authority or any Other Contractor, including the performance of the Governmental Activities and the Other Works, and otherwise in accordance with the Traffic Management Plan. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to before the Phase One Substantial Completion Notice before Certificate or the Substantial Completion Certificate is issued, but shall not withhold the Phase One Substantial Completion Certificate or the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC Ministry may, in its sole discretion, waive any requirement for Phase One Substantial Completion or Substantial Completion, including with respect to Equipment and Existing Equipment, and provided that the failure to meet any such requirement shall constitute a Minor Deficiency.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the a Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCIO, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTCIO’s use and enjoyment of the Facility Facilities or disruption of the WorksProject Operations or the performance of the MCSCS Services. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC IO may, in its sole discretion, waive any requirement for Substantial Completion, including with respect to Project Co Equipment and or Existing Equipment, and the failure to meet any such requirement shall constitute a Minor Deficiency. 24.9 Rectification of Minor Deficiencies (a) Project Co shall, in consultation with the IO Representative and so as to minimize, to the greatest extent reasonably possible, any disruption of the Project Operations or the performance of the MCSCS Services, complete and rectify all Minor Deficiencies within 45 days of the issuance of the Minor Deficiencies List or such other period as the Independent Certifier may specify in the Minor Deficiencies List. (b) Project Co acknowledges and agrees that the completion and rectification of Minor Deficiencies may require work outside of normal working hours in order to accommodate the efficient operation of the Facilities.

Minor Deficiencies. (a) In the event that Minor Deficiencies exist when Project Co gives the Substantial Completion Notice, the Independent Certifier, in consultation with Project Co and the CTCCollege, shall prepare a list of all Minor Deficiencies (the “Minor Deficiencies List”) identified at that time and an estimate of the cost and the time for rectifying such Minor Deficiencies. The CTC College may withhold from the Substantial Completion Payment a holdback amount that is [REDACTED] of the amount estimated by the Independent Certifier for the CTC College to complete and rectify all such Minor Deficiencies (the “Completion Holdback”), which holdback shall be held in an interest bearing account. (b) The Minor Deficiencies List will contain the schedule for the completion and rectification of the Minor Deficiencies. In determining the relevant time for rectifying Minor Deficiencies, Project Co shall schedule the completion and rectification of Minor Deficiencies so as to minimize, to the greatest extent reasonably possible, any impairment of the CTCCollege’s use and enjoyment of the Facility or disruption of the Works. (c) The Independent Certifier must prepare the Minor Deficiencies List in relation to the Substantial Completion Notice before the Substantial Completion Certificate is issued, but shall not withhold the Substantial Completion Certificate by reason solely that there are such Minor Deficiencies. (d) The CTC mayMinor Deficiencies List shall be updated by the Independent Certifier from time to time (including estimates of the cost and the time for rectification), in its sole discretion, waive any requirement for Substantial Completion, including with respect to Equipment and Existing Equipmentacting reasonably, and the failure updated Minor Deficiencies List shall thereafter become the Minor Deficiencies List for purposes of Section 24.8 to meet any such requirement shall constitute a Minor Deficiency.Section 24.10