Common use of Payment of Legislative Holdback Clause in Contracts

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. ‌ (a) Subject to Section 4.9, Contracting Authority the College covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority The College agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority the College of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority the College to Project Co in satisfaction of Contracting Authoritythe College’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority the College with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.94.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA pursuant to Section section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.425.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the SiteLands, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and the Existing Facilities Infrastructure all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority SMH covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority SMH agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority SMH of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority SMH to Project Co in satisfaction of Contracting AuthoritySMH’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority SMH with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority the College covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority The College agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority the College of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority the College to Project Co in satisfaction of Contracting Authoritythe College’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority the College with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies or Remaining Works Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.94.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA pursuant to Section section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.425.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the SiteLands, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and the Existing Facilities Infrastructure all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies or Remaining Works Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the SiteSites, the Facility Facilities and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.94.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA pursuant to Section section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.425.4, Project Co shall: (i) : submit an application for payment of the Legislative Holdback amount; (ii) ; submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) ; submit a Statutory Declaration CCDC Form 9A (2001); and (iv) and submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the SiteLands, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and the Existing Facilities Infrastructure all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority the CTC covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority The CTC agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority the CTC of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority the CTC to Project Co in satisfaction of Contracting Authoritythe CTC’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority the CTC with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate Certificates for the three Facilities under Section 24.424.4 and publication of a certificate of substantial performance of the Works pursuant to section 32(1) of the CLA, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance of the Works pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, Site and the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to this Section 4.94.5 and Section 4.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date Co, or pay to such party as otherwise directed by Project Co Co, the Legislative Holdback on the Legislative Holdback Payment Date and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA Construction Act pursuant to Section section 10 of the CLAConstruction Act. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimantclaimant or satisfied, discharged or provided for under section 44 of the Construction Act; (iii) submit copies of any withdrawals of a written notice of lien in the form required under the Construction Act; (iv) submit a Statutory Declaration CCDC Form 9A (2001); and (ivv) submit an original WSIB Certificate of Clearance. (ci) If following the receipt of the documents set out in Section 4.5(b), Contracting Authority determines that Project Co is not entitled to some or all of the Legislative Holdback, the Contracting Authority shall, no later than 40 days after the receipt of the documents under Section 4.5(b), publish in the Daily Commercial News, or such other construction trades newspaper specified under the Construction Act, a notice specifying the amount of the Legislative Holdback that the Contracting Authority will not pay (the “Notice of Non- Payment of Legislative Holdback”). (ii) No later than 3 days following the publication of the Notice of Non- Payment of Legislative Holdback, the Contracting Authority shall notify Project Co of the publication of the Notice of Non-Payment of Legislative Holdback. (iii) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).and

Payment of Legislative Holdback. (a) Subject to Section 4.94.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA pursuant to Section section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the SiteLands, the Facility New Metrolinx Infrastructure, the New Third Party Infrastructure and the Existing Facilities Infrastructure all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority the CTC covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority The CTC agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority the CTC of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority the CTC to Project Co in satisfaction of Contracting Authoritythe CTC’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority the CTC with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice notices of lien arising in relation to from the performance of the Works has have been received by it that has not been withdrawn by the lien claimantit; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to from the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. (a) Subject to Section 4.9, Contracting Authority JBH covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority JBH agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority JBH of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority JBH to Project Co in satisfaction of Contracting AuthorityJBH’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority JBH with respect to such payments under Section 7 of the CLA pursuant to Section 10 of the CLA. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall: (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLA, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback. (d) Prior to the date of the release of the Legislative Holdbackholdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).

Payment of Legislative Holdback. ‌ (a) Subject to Section 4.94.8, Contracting Authority covenants and agrees with Project Co to pay to Project Co the Legislative Holdback on the Legislative Holdback Payment Date or pay to such party as otherwise directed by Project Co and shall not accept any redirection without the consent of the person to whom payment is directed. Contracting Authority agrees to pay the Legislative Holdback as Project Co may direct in accordance with any such direction. Project Co acknowledges and agrees that payment by Contracting Authority of the Legislative Holdback in accordance with this Section 4.5 as Project Co may direct, constitutes payment by Contracting Authority to Project Co in satisfaction of Contracting Authority’s obligation to pay the Legislative Holdback to Project Co under this Project Agreement and in satisfaction of any trust obligation of Contracting Authority with respect to such payments under Section section 7 of the CLA Construction Act pursuant to Section section 10 of the CLAConstruction Act. (b) After the issuance of the Substantial Completion Certificate under Section 24.4, Project Co shall:shall:‌ (i) submit an application for payment of the Legislative Holdback amount; (ii) submit a written request for release of the Legislative Holdback, including a declaration that no written notice of lien arising in relation to the performance of the Works has been received by it that has not been withdrawn by the lien claimant; (iii) submit a Statutory Declaration CCDC Form 9A (2001); and (iv) submit an original WSIB Certificate of Clearance. (c) After the later of (i) the receipt of the documents set out in Section 4.5(b), and (ii) the expiration of a period of 45 days from the date of publication of the certificate of substantial performance pursuant to the CLAConstruction Act, the Independent Certifier shall issue a certificate for payment of the Legislative Holdback.Holdback.‌ (d) Prior to the date of the release of the Legislative Holdback, Project Co shall have removed from the Site, the Facility and the Existing Facilities Site all supplies, waste materials, rubbish and temporary facilities and all personnel except as required to achieve Final Completion or to correct any remaining Minor Deficiencies. (e) Subject to the provisions of Section 17.3 and the removal of claims for lien preserved or perfected pursuant to the CLA Construction Act arising in relation to the performance of the Works, the Legislative Holdback amount authorized by the certificate for payment of the Legislative Holdback amount is due and payable on the second Business Day following the receipt of the certificate for payment of the Legislative Holdback amount pursuant to Section 4.5(c).