Common use of Non-Exclusive Licence/Development of Lands Clause in Contracts

Non-Exclusive Licence/Development of Lands. ‌ (a) Project Co acknowledges and agrees that the rights granted to Project Co and the Project Co Parties hereunder shall be non-exclusive and that Contracting Authority and any person authorized by Contracting Authority may occupy and possess the Lands and the Expansion Infrastructure without the prior consent of Project Co, including for the purposes of carrying out the Contracting Authority Activities and the Other Works. In exercising such rights Project Co shall not, and shall require that the Project Co Parties shall not, except as permitted under this Project Agreement, disrupt the performance of the Contracting Authority Activities or the Other Works.‌ (b) Without limiting Section 16.2(a), Project Co acknowledges that Contracting Authority may from time to time use or develop (including by way of subdivision or expansion), or permit the use or development of, or dispose of, portions of the Lands other than those portions of the Lands necessary for the performance of the Works. To the extent‌ that such use or development or disposition materially adversely interferes with Project Co’s licence rights hereunder or materially adversely interferes with Project Co’s ability to perform the Works, such use or development or disposition shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation.

Non-Exclusive Licence/Development of Lands. ‌ (a) Project Co acknowledges and agrees that the rights granted to Project Co and the Project Co Parties hereunder shall be non-exclusive and that Contracting Authority and any person authorized by Contracting Authority may occupy and possess the Lands Lands, the Facility and the Expansion Infrastructure Existing Facilities without the prior consent of Project Co, including for the purposes of carrying out the Contracting Authority Activities and the Other WorksActivities. In exercising such rights Project Co shall not, and shall require that the Project Co Parties shall not, except as permitted under this Project Agreement, disrupt the performance of the Contracting Authority Activities or including any Contracting Authority Activities performed pursuant to the Other Works.‌New Toronto Courthouse Transition Schedule. (b) Without limiting Section 16.2(a), Project Co acknowledges that Contracting Authority may from time to time use or develop (including by way of subdivision or expansion), or permit the use or development of, or dispose of, portions of the Lands or the Facility other than those portions of the Lands or the Facility necessary for the performance of the Works. To the extent‌ extent that such use or development or disposition materially adversely interferes with Project Co’s licence rights hereunder or materially adversely interferes with Project Co’s ability to perform the Works, such use or development or disposition shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation.

Non-Exclusive Licence/Development of Lands. ‌ (a) Project Co acknowledges and agrees that the rights granted to Project Co and the Project Co Parties hereunder shall be non-exclusive and that Contracting Authority and any person authorized by Contracting Authority may occupy and possess the Lands and the Expansion Infrastructure without the prior consent of Project Co, including for the purposes of carrying out the Contracting Authority Activities and the Other Works. In exercising such rights Project Co shall not, and shall require that the Project Co Parties shall not, except as permitted under this Project Agreement, disrupt the performance of the Contracting Authority Activities or the Other Works.‌ (b) Without limiting Section 16.2(a), Project Co acknowledges that Contracting Authority may from time to time use or develop (including by way of subdivision or expansion), or permit the use or development of, or dispose of, portions of the Lands other than those portions of the Lands necessary for the performance of the Works. To the extent‌ extent that such use or development or disposition materially adversely interferes with Project Co’s licence rights hereunder or materially adversely interferes with Project Co’s ability to perform the Works, such use or development or disposition shall, subject to and in accordance with Schedule 22 – Variation Procedure, result in a Variation.Variation.‌

Non-Exclusive Licence/Development of Lands. ‌ (a) Project Co acknowledges and agrees that the rights granted to Project Co and the Project Co Parties hereunder shall be non-exclusive and that Contracting Authority the Ministry and any person authorized by Contracting Authority the Ministry may occupy and possess the Lands and the Expansion Infrastructure Bypass without the prior consent of Project Co, including for the purposes of carrying out the Contracting Authority Governmental Activities and the Other Works. In exercising such rights Project Co shall not, and shall require that the Project Co Parties shall not, except as permitted under this Project Agreement, disrupt the performance of the Contracting Authority Governmental Activities or the Other Works.‌Works. (b) Without limiting Section 16.2(a14.2(a), Project Co acknowledges that Contracting Authority the Ministry may from time to time use or develop (including by way of subdivision or expansionsubdivision), or permit the use or development of, or dispose of, portions of the Lands other than those portions of the Lands necessary for the performance of the WorksProject Operations. To the extent‌ extent that such use or use, development or disposition materially adversely interferes with Project Co’s licence rights hereunder or materially adversely interferes with Project Co’s ability to perform the WorksProject Operations, such use or use, development or disposition shall, subject to and in accordance with Schedule 22 – 19 - Variation Procedure, result in a Variation.