Common use of No Site Encumbrances Clause in Contracts

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs, all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. ‌ (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site Lands or the Facility or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site Lands or the Facility or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyContracting Authority, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner Contracting Authority will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks 17.3 shall apply to claims for lien made against the Site Lands or the Facility pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered upon or against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner HMQ due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HMQ will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs, all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the The Parties acknowledge that the foregoing provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks 15.2 shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against HMQ or the Legislative Holdbackholdback under the CLA as though such a claim were an Encumbrance against the Site as referred to therein. (d) Project Co shall withhold from each of its Subcontractors the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA. (e) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyParty and has not been consented to in writing by WCH, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner WCH will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance (including claims for lien made against the Site, the Facilities or the Existing Facilities pursuant to the CLA) to be filed, issued or registered against the Site Site, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site Site, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner the College due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner the College will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 Sections 3.1 to 3.4 of Schedule 18 20 – Payments and Holdbacks shall apply to claims for lien made against the Site Site, the Facility or the Existing Facilities pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against the Legislative HoldbackHoldbacks.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyParty and has not been consented to in writing by HHS, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HHS will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) Subject to Encumbrances that Project Co shall remove pursuant to Section 11.22(c) and Section 3 of Schedule 18 – Payments and Holdbacks, the performance of the Work shall not give rise to a right for any person to obtain title to or any interest in the Site or the Facility or any part of it or them except in accordance with the terms of this Project Agreement. (c) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Work which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyCHH, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner CHH will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs, all of which shall be payable on demand. (cd) Notwithstanding the provisions of this Section 11.22, the Parties acknowledge that the provisions of Section 2.5 3 of Schedule 18 – Payments and Holdbacks shall apply to claims for lien made against the Site or the Facility pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner HMQ due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HMQ will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 Sections 3.1 to 3.4 of Schedule 18 20 – Payments and Holdbacks shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co Partythe CTC, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner the CTC will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks 17.3 shall apply to claims for lien made against the Site or the Facility pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyParty and has not been consented to in writing by HMQ, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HMQ will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 20 – Payments and Holdbacks shall apply to claims for lien made against the Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the any Site or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the a Site or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner HMQ due to an act or omission of Project Co or any Project Co Party, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HMQ will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs, all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks shall apply to claims for lien made against the each Site pursuant to the Construction Lien Act (Ontario) and shall also apply to claims made against the Legislative Holdback.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered upon or against the Site or the Facility or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) In the event that the Site Site, the Facility or any part thereof or any interest therein becomes subject to any Encumbrance which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartyParty and has not been consented to in writing by HMQ, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner HMQ will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costs, all of which shall be payable on demand. (c) Notwithstanding the provisions of this Section 11.22, the The Parties acknowledge that the foregoing provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks 15.2 shall apply to claims for lien made against the Site and/or the Facility pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against HMQ or for the Legislative Holdbackholdback under the CLA as though such a claim were an Encumbrance against the Site and/or the Facility as referred to therein. (d) Project Co shall withhold from each of its Subcontractors the holdbacks required under the CLA and shall deal with such holdbacks in accordance with the CLA. (e) Project Co shall follow the requirements of the CLA and Good Industry Practice for posting and advertising certificates of completion when issued.

No Site Encumbrances. (a) Project Co shall not create, incur, permit or suffer to exist any Encumbrance to be filed, issued or registered against the Site Site, the Facility or the Existing Facilities or any part thereof or any interest therein due to an act or omission of Project Co or any Project Co Party. (b) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2(c), the performance of the Work shall not give rise to a right for any person to obtain title to or any interest in the Site, the Facility or the Existing Facilities or any part of it or them except in accordance with the terms of this Project Agreement. (c) In the event that the Site Site, the Facilities or the Existing Facilities or any part thereof or any interest therein becomes subject to any Encumbrance arising in relation to the performance of the Works which has not been consented to in writing by Owner due to an act or omission of Project Co or any Project Co PartySMH, Project Co shall immediately take all steps necessary to remove, vacate or discharge such Encumbrance. If such Encumbrance is not removed, vacated or discharged within 10 Business Days of the filing, issuance or registration of such Encumbrance then, without prejudice to any other rights or remedies it may have, Owner SMH will be at liberty to take whatever steps it deems necessary and appropriate to remove, vacate or discharge the Encumbrance, including payment of any amount owing or claimed thereunder, and seek immediate recovery from Project Co of the amount of any such payment and any associated costs, including legal costscosts (on a full indemnity basis), all of which shall be payable on demand. (cd) Notwithstanding the provisions of this Section 11.2217.2, the Parties acknowledge that the provisions of Section 2.5 of Schedule 18 – Payments and Holdbacks 17.3 shall apply to claims for lien made against the Site Site, the Facility or the Existing Facilities pursuant to the Construction Lien Act (Ontario) CLA and shall also apply to claims made against the Legislative Holdback.