Common use of Project Co Equipment Responsibilities Clause in Contracts

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH Representative (including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to the lists of Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment in Sections B and C of Part 4 of Schedule 15 - Output Specifications may be required) and in consultation with the Equipment Steering Committee; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (iv) all costs and expenses associated with the commissioning of Equipment, save and except1 for the costs and expenses associated with the commissioning of In- Contract Equipment and certain Not-In-Contract Equipment designated as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output Specifications; (v) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications; (vi) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Schedule 15 – Output Specifications; (vii) providing all structural, mechanical, electrical, information communication and technology, alarm management and building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Equipment, as applicable; (viii) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output Specifications; (ix) intentionally deleted; (x) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications; (xi) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and (xii) if applicable, completing the procurement of any JBH Early Procured In-Contract Equipment.

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for:for (for certainty, the Guaranteed Price shall include all costs and expenses associated with performing such part of the Works except costs and expenses specifically provided in this Agreement (including the Output Specifications) as being the responsibility of the CTC): (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Equipment and Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH Representative (CTC Representative, including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to updating the lists of Not-In-Contract EquipmentEquipment in Part 2, Section 2.4 (Section B “Procure and Install NIC”, Section C “Move and Install Existing Equipment List”, Section D “Equipment Utility Data Report”) and JBH Separate Equipment in Sections B and C of Part 4 2, Section 2.5 “Furniture List” of Schedule 15 - Output Specifications may be required) and in consultation with the Equipment Steering CommitteeSpecifications; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (ivii) all costs and expenses associated with the commissioning of Equipment, Equipment save and except1 except for the costs and expenses associated with the commissioning of In- certain In-Contract Equipment and certain Not-In-Contract Equipment designated in Part 2, Section 2.4 (Section A “Procure and Install In-contract Equipment”, Section B “Procure and Install NIC”, Section C “Move and Install Existing Equipment List”, Section D “Equipment Utility Data Report”) and Part 2, Section 2.5 “Furniture List” of Schedule 15 - Output Specifications as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output Specificationsthe CTC; (viii) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications21.4; (viiv) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of 2, Section 2.4 (Section C “Move and Install Existing Equipment List”, Section D “Equipment Utility Data Report”) of Schedule 15 – - Output Specifications; (viiv) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viiivi) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output SpecificationsEquipment; (ix) intentionally deleted; (xvii) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications;; and (xiviii) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and. (xiib) if applicableFor the purpose of achieving Substantial Completion, completing all Equipment, must be successfully commissioned by Project Co in accordance with the procurement Final Commissioning Program. Provided that, in respect of any JBH Early Procured In-Contract item of Equipment, such requirements shall be waived by the CTC if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment referred to in this Section 21.3(b) due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer. (c) If the commissioning of any Equipment or any part thereof has been waived by the CTC pursuant to Section 21.3(b), until such time as Project Co has completed the procurement, installation and commissioning of all Equipment in accordance with this Section 21.3(c), the CTC may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Equipment Procurement Fee and [REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, procure or transfer, install and commission, as applicable, install and commission all Equipment, Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s 's Design Data and the latest information available from the JBH Representative NHS Representative; (including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to the lists of Not-In-Contract Equipment, Existing Equipment and JBH Separate ii) procuring all new Equipment in Sections B and C of Part 4 of Schedule 15 - Output Specifications may be required) and in consultation accordance with the Equipment Steering CommitteeSection 22.4; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (iv) all costs and expenses associated with the commissioning of Equipment, save and except1 for the costs and expenses associated with the commissioning of In- Contract Equipment and certain Not-In-Contract Equipment designated as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output Specifications; (v) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications; (vi) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Schedule 15 – Output SpecificationsEquipment; (viiiv) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Equipment, as applicable; (viiiv) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output SpecificationsEquipment; (ix) intentionally deleted; (xvi) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications;'s instructions; and (xivii) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, (other than the LINACs) in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program. (b) For the purpose of achieving Substantial Completion: (i) all Equipment (other than the Existing Equipment and the LINACs) must be successfully commissioned by Project Co in accordance with the Final Commissioning Program; (ii) the LINACs must be installed by Project Co; and (xiiiii) if applicablea radiation survey, completing confirming the procurement acceptability of radiation levels in the areas surrounding the operational LINACs, must be completed by the Radiation Safety Officer, provided that, in respect of any JBH Early Procured In-Contract item of Equipment, such requirements shall be waived by NHS if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of Equipment due to a delay in the performance of any of its obligations by an Equipment vendor or manufacturer. (c) Whether or not Substantial Completion has been achieved, until such time as Project Co has completed the procurement, installation and commissioning of all Equipment in accordance with this Section 22, NHS may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Equipment Planning and Coordination Fee and $[REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for:for (for certainty, the Guaranteed Price shall include all costs and expenses associated with performing such part of the Works except costs and expenses specifically provided in this Project Agreement (including the Output Specifications) as being the responsibility of the CTC): (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH Representative (CTC Representative, including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to updating the lists of Not-In-In- Contract Equipment, Existing Equipment and JBH Separate Equipment in Sections B and C of Part 4 3.3 of Schedule 15 - Output Specifications may be required) and in consultation with the Equipment Steering CommitteeSpecifications; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (ivii) all costs and expenses associated with the commissioning of Equipment, Equipment save and except1 except for the costs and expenses associated with the commissioning of In- certain In-Contract Equipment designated in Part 5.3.11 of Schedule 15 – Output Specifications and certain Not-In-Contract Equipment designated in Part 3.3 of Schedule 15 - Output Specifications as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output Specificationsthe CTC; (viii) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications21.4; (viiv) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Schedule 15 – Output SpecificationsIntentionally Deleted; (viiv) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viiivi) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output SpecificationsEquipment; (ix) intentionally deleted; (xvii) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications;; and (xiviii) subject to Section 21.3(a)(ii), coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and. (xiib) if applicableFor the purpose of achieving Substantial Completion, completing subject to Section 21.3(a)(ii), all Equipment, must be successfully commissioned by Project Co in accordance with the procurement Final Commissioning Program. Provided that, in respect of any JBH Early Procured In-Contract item of Equipment, such requirements shall be waived by the CTC if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment referred to in this Section 21.3(b) due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer. (c) If the commissioning of any Equipment or any part thereof has been waived by the CTC pursuant to Section 21.3(b), until such time as Project Co has completed the procurement, installation and commissioning of all Equipment in accordance with this Section 21.3(c), the CTC may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Equipment Procurement Fee and [REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment, Equipment and Existing Equipment and JBH Separate Equipment(including, for clarity, in response to any alternatives to any HHS Early Procured Not-In-Contract Equipment identified and/or selected by the HHS Representative from time to time); (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Equipment and Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall includeincluding, but not be limited limiting to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 7 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH HHS Representative (including, but not limited to, the to-be-JBH- HHS-approved Not-In-Contract Equipment budget, as a result of which substantial revisions to the lists of Not-In-Contract Equipment, Equipment and Existing Equipment and JBH Separate Equipment in Sections B and C of Part 4 7 of Schedule 15 - 15-Output Specifications may be required) and in consultation with the Equipment Steering Committee; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, completing the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipmentthe HHS Early Procured Not-In-Contract Equipment; (iv) all costs and expenses associated with the commissioning of Equipment, save and except1 except for the costs and expenses associated with the commissioning of certain In- Contract Equipment and certain Not-In-Contract Equipment designated as being the responsibility of JBH HHS in Sections A and B of Part 4 of Section B and Section C 7 of Schedule 15 – Output Specifications; (v) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications21.5; (vi) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Part 7 of Schedule 15 – Output Specifications; (vii) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viii) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output SpecificationsEquipment; (ix) intentionally deleted; (x) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications;; and (xix) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and. (xiib) For the purpose of achieving Substantial Completion, all Equipment must be successfully commissioned by Project Co in accordance with the Final Commissioning Program. Not less than 10 Business Days prior to Project Co’s submission of the draft Final Commissioning Program under Section 24.2(a), HHS shall identify for Project Co the Existing Equipment, if applicableany, completing that must be successfully commissioned by Project Co in accordance with the procurement Final Commissioning Program for Substantial Completion to be achieved. Provided that, in respect of any JBH Early Procured In-Contract item of Equipment, such requirements shall be waived by HHS if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment referred to in this Section 21.4(b) due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer. (c) Whether or not Substantial Completion has been achieved, until such time as Project Co has completed the procurement, installation and commissioning of all Equipment in accordance with this Section 21, HHS may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Equipment Procurement Fee and $[REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Equipment and Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH Representative (HRRH Representative, including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to updating the lists of Not-In-In- Contract Equipment, Existing Equipment and JBH Separate Equipment in Sections Section B and Section C of Part 4 5 of Schedule 15 - Output Specifications may be required) and in consultation with the Equipment Steering CommitteeSpecifications; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (ivii) all costs and expenses associated with the commissioning of Equipment, Equipment save and except1 except for the costs and expenses associated with the commissioning of certain In- Contract Equipment and certain Not-In-Contract Equipment designated in Sections A and B of Part 5 of Schedule 15 – Output Specifications as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output SpecificationsHRRH; (viii) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications21.4; (viiv) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Part 5 of Schedule 15 – Output Specifications; (viiv) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viiivi) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output Specifications;Equipment; and (ix) intentionally deleted; (xvii) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications; (xiviii) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and. (xiib) if applicableFor the purpose of achieving Substantial Completion, completing all Equipment and Existing Equipment, must be successfully commissioned by Project Co in accordance with the procurement Final Commissioning Program. Provided that, in respect of any JBH Early Procured In-Contract item of Equipment, such requirements shall be waived by HRRH if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment referred to in this Section 21.3(b) due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer. (c) Whether or not Substantial Completion has been achieved, until such time as Project Co has completed the procurement, installation and commissioning of all Equipment in accordance with this Section 21, HRRH may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Equipment Procurement Fee and $[REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment and Existing Equipment, Existing (including, for clarity, in response to any alternatives to any Not-In- Contract Equipment and JBH Separate Equipmentidentified and/or selected by the SMH Representative from time to time); (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Equipment and Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall includeincluding, but not be limited limiting to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH SMH Representative (including, but not limited to, the to-be-JBH- SMH-approved Not-In-In- Contract Equipment budget, as a result of which substantial revisions to the lists of Not-In-Contract Equipment, Equipment and Existing Equipment and JBH Separate Equipment in Sections B and C of Part 4 of Schedule 15 - 15- Output Specifications may be required) and in consultation with the Equipment Steering Committee; (iii) maintaining an equipment list databaseif applicable, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, completing the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipmentany SMH Early Procured In- Contract Equipment; (iv) all costs and expenses associated with the commissioning of Equipment, save and except1 for the costs and expenses associated with the commissioning of In- Contract Equipment and certain Not-In-Contract Equipment designated as being the responsibility of JBH in Part 4 of Section B and Section C of Schedule 15 – Output SpecificationsExisting Equipment; (v) procuring and purchasing all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) as set out in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications; (vi) subject to Section 21.2(b21.2(e), decommissioning (where applicable)decommissioning, deinstallingde-installing, disconnecting and transferring all Existing Equipment as designated set out in Section C of Part 4 of Section C of Schedule 15 – Output Specifications; (vii) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viii) expediting, deliveringassembly, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output SpecificationsEquipment; (ix) intentionally deleted; (x) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications;; and (xix) coordinating, scheduling and completing the commissioning of all Equipment and Existing Equipment, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and. (xiib) For the purpose of achieving a Phase Completion, all Equipment Project Co is required to commission to achieve such Phase Completion must be successfully commissioned by Project Co in accordance with each Phase Commissioning Program. Not less than 10 Business Days prior to Project Co’s submission of a draft Phase Commissioning Program under Section 23A.1(a), SMH shall identify for Project Co the Existing Equipment, if applicableany, completing that must be successfully commissioned by Project Co in accordance with the procurement applicable Phase Commissioning Program for each Phase Completion to be achieved. Provided that, in respect of any JBH Early Procured item of (i) In-Contract Equipment, such requirements shall be waived by SMH if (A), despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer, and (B) the inability of Project Co to complete the procurement, installation or commissioning of such item of equipment does not prevent or materially impede the ability of SMH to deliver patient care in respect of the applicable portion of the Facility; and (ii) Not-In-Contract Equipment, such requirements shall be waived by SMH if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by SMH, an equipment vendor or manufacturer. (c) For the purpose of achieving Tower Interim Completion, all Equipment Project Co is required to commission to achieve Tower Interim Completion must be successfully commissioned by Project Co in accordance with the Tower Interim Completion Commissioning Program. Not less than 10 Business Days prior to Project Co’s submission of the draft Tower Interim Completion Commissioning Program under Section 23B.2(a), SMH shall identify for Project Co the Existing Equipment, if any, that must be successfully commissioned by Project Co in accordance with the Tower Interim Completion Commissioning Program for Tower Interim Completion to be achieved. Provided that, in respect of any item of (i) In-Contract Equipment, such requirements shall be waived by SMH if, (A) despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer, and (B) the inability of Project Co to complete the procurement, installation or commissioning of such item of equipment does not prevent or materially impede the ability of SMH to deliver patient care in respect of the applicable portion of the Facility; and (ii) Not-In-Contract Equipment, such requirements shall be waived by SMH if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by SMH, an equipment vendor or manufacturer. (d) For the purpose of achieving Substantial Completion, all Equipment must be successfully commissioned by Project Co in accordance with the Final Commissioning Program. Not less than 10 Business Days prior to Project Co’s submission of the draft Final Commissioning Program under Section 24.2(a), SMH shall identify for Project Co the Existing Equipment, if any, that must be successfully commissioned by Project Co in accordance with the Final Commissioning Program for Substantial Completion to be achieved. Provided that, in respect of any item of (i) In-Contract Equipment, such requirements shall be waived by SMH if, (A) despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer, and (B) the inability of Project Co to complete the procurement, installation or commissioning of such item of equipment does not prevent or materially impede the ability of SMH to deliver patient care in respect of the applicable portion of the Facility; and (ii) Not-In-Contract Equipment, such requirements shall be waived by SMH if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the installation or commissioning of such item of equipment due to a delay in the performance of any of its obligations by SMH, an equipment vendor or manufacturer. (e) Whether or not Substantial Completion has been achieved, until such time as Project Co has completed the installation and commissioning of all Not-In-Contract Equipment in accordance with this Section 21, SMH may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Not-In-Contract Equipment Fee and $[REDACTED].

Project Co Equipment Responsibilities. (a) Project Co shall be responsible for: (i) completing the design of the Facility to accommodate all Equipment, Existing Equipment and JBH Separate Equipment; (ii) revising, coordinating and finalizing the plan to procure, transfer, install and commission, as applicable, all Equipment, Equipment and Existing Equipment and JBH Separate Equipment (for clarity, such responsibilities shall include, but not be limited to, finalizing and updating the lists of In-Contract Equipment, Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and C of Part 4 of Schedule 15 – Output Specifications) based on the development of Project Co’s Design Data and the latest information available from the JBH Representative (WCH Representative, including, but not limited to, the to-be-JBH- approved Not-In-Contract Equipment budget, as a result of which substantial revisions to updating the lists of Not-In-In- Contract Equipment, Existing Equipment and JBH Separate Equipment in Sections Section B and Section C of Part 4 5 of Schedule 15 - Output Specifications may be required) and in consultation with the Equipment Steering CommitteeSpecifications; (iii) maintaining an equipment list database, in a form acceptable to JBH and in Microsoft Excel format, listing all Equipment along with its maintenance requirements, the party who is responsible for its procurement and installation, and track Ministry of Health and Long Term Care funded equipment identified with FC=N in Section D of Part 4 of Schedule 15 – Output Specifications and minor depreciable equipment; (ivii) all costs and expenses associated with the commissioning of Equipment, Equipment save and except1 except for the costs and expenses associated with the commissioning of certain In- Contract Equipment and certain Not-In-Contract Equipment designated as being the responsibility of JBH WCH in Part 4 of Section Sections A, B and Section C of Part 5 of Schedule 15 – Output Specifications, as applicable; (viii) procuring all new Equipment (excluding JBH Procured Not-In-Contract Equipment and JBH Early Procured In-Contract Equipment for which procurement was completed by the date of this Project Agreement) in accordance with Section 21.5 and Part 4 of Section B of Schedule 15 – Output Specifications21.4; (viiv) subject to Section 21.2(b), decommissioning (where applicable), deinstalling, disconnecting and transferring all Existing Equipment as designated in Part 4 of Section C of Part 5 of Schedule 15 – Output Specifications; (viiv) providing all structural, mechanical, electrical, electrical and information communication and technology, alarm management and communications technology building system services to produce a complete working system for all Equipment, Existing Equipment and JBH Separate Existing Equipment, as applicable; (viiivi) expediting, delivering, unpacking, offloading, handling and storing (either on-Site or off-Site as determined in collaboration with JBH and with JBH’s approval) all Equipment and JBH Separate Equipment in accordance with the Equipment Storage Handling and Delivery Protocol set out in Section G of Part 4 of Schedule 15 – Output Specifications;Equipment; and (ix) intentionally deleted; (xvii) coordinating, scheduling and completing the assembly, installation or reinstallation, as applicable, of all Equipment and Existing Equipment in accordance with manufacturer’s instructions and Schedule 15 – Output Specifications; (xiviii) coordinating, scheduling and completing the commissioning of all Phase 1 Equipment and Existing Equipment, as applicable, in accordance with each Phase Commissioning Program, the Tower Interim Completion Commissioning Program and the Final Commissioning Program; and (xiiix) if coordinating, scheduling and completing the commissioning of all Phase 2 Equipment and Phase 2 Existing Equipment, as applicable, completing in accordance with the procurement Final Commissioning Program. (b) For the purpose of achieving Interim Completion, all Phase 1 Equipment and the following items of Phase 1 Existing Equipment, the MRI, the CT Scanner and the Central Sterilization equipment, must be successfully commissioned by Project Co in accordance with the Interim Commissioning Program. For the purpose of achieving Substantial Completion, all Phase 2 Equipment must be successfully commissioned by Project Co in accordance with the Final Commissioning Program. For clarity, no items of Phase 2 Existing Equipment require commissioning at Substantial Completion. Provided that in respect to either of the foregoing circumstances, in respect of any JBH Early Procured In-Contract Equipmentitem of Phase 1 Equipment or Phase 2 Equipment as applicable, such requirements shall be waived by WCH if, despite having used commercially reasonable efforts to do so, Project Co is unable to complete the procurement, installation or commissioning of such item of equipment referred to in this Section 21.3(b) due to a delay in the performance of any of its obligations by an equipment vendor or manufacturer. (c) Whether or not Interim Completion has been achieved, until such time as Project Co has completed the procurement, installation and commissioning of all Phase 1 Equipment in accordance with this Section 21, WCH may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Phase 1 Equipment Procurement Fee and $[REDACTED]. (d) Whether or not Substantial Completion has been achieved, until such time as Project Co has completed the procurement, installation and commissioning of all Phase 2 Equipment in accordance with this Section 21, WCH may withhold from any payment or payments due to Project Co a holdback amount equal to the greater of the Phase 2 Equipment Procurement Fee and $[REDACTED].