Obligation of Recipient. The Recipient’s obligations to maintain the confidentiality of Confidential Information pursuant to Section 2 specifically include, but are not limited to, not disclosing Confidential Information to any persons or entities engaged in a field of business similar to KBS or in the non-traded REIT industry.
Obligation of Recipient. The Recipient shall not without the prior written consent of the Discloser communicate or otherwise make available the Confidential Information to any third party save in so far as is necessary for an application for registration of an Arising Intellectual Property Right. The Recipient shall forthwith notify the Discloser of any such application and the Discloser may refuse permission to allow publication. However, such permission may not be reasonably refused.
Obligation of Recipient. The City is responsible for complete, diligent, timely, and on budget Project implementation, any cost overruns and the operation, maintenance and repair for full lifecycle of infrastructure. The City will apply and ensure that all contractors and others participating in Project implementation comply with all applicable laws. The City will undertake and cause to be undertaken all Project construction and engineering work in compliance with prevailing industry standards. Canada’s contribution is a financial contribution only and Canada will have no involvement whatsoever in the operation of the Project. Agreement Management Committee A management committee will be established to administer and monitor the Agreement, and either party may request that the Province of Ontario attend committee meetings as an observer. The Committee will review procurement procedures, monitor the progress of the Project, review claims, review reports and cash flows, make non-significant amendments to the Project schedule and cost breakdown, establish subcommittees, resolve disputes between the parties, ensure the Contribution Agreement is implemented in accordance with its terms and obtain approval from Canada for any adjustments required to be made to Schedule B. The Committee will include a Canada co-chair along with an Ottawa co-chair and all decisions and recommendations of the Committee must be unanimous and recorded in writing. Change Control Changes with respect to the Project that are non-significant changes can be approved or rejected by the Committee. Significant changes shall be decided by Canada upon a recommendation by the Committee, and include any material change to the Project’s location, scope or timing, changes that may require a further environmental assessment or aboriginal consultation, changes that increase in the total estimated eligible costs of a component by 20% or more, and changes that represent any increase to Canada’s contribution to the Project. Procurement and Required provisions All contracts are to be awarded by the City and managed in accordance with defined requirements, including in a manner that is transparent, competitive, and consistent with value for money principles. Claim and Payment Structure A distinction is made between “Conventional” procurement costs (the supply of services under a project delivery model that is not a P3 model) and “P3 Procurement” costs (where a contractor designs, constructs, maintains and finances the Project un...
