Common use of PROTECTION OF WORK AND PROPERTY Clause in Contracts

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the Owner’s property at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by Owner, the Consultant or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the Owner’s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or Owner’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner so directs, to the Owner’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. ‌ (a) Project Co shall protect the Work Works, including the Expansion Infrastructure and the Owner’s property at of Contracting Authority on the SiteLands, including the Existing Facility Expansion Infrastructure, and the property adjacent to the Site, Site from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damagedamage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party. (b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of: (i) Design Issues the Works, including the Expansion Infrastructure prior to the Substantial Completion Date; (other than Design Issues which are properly characterized ii) the Works, including the Expansion Infrastructure following the Substantial Completion Date as the result of an act or omission of Project Co or any Project Co Party; (iii) any property of Contracting Authority on or adjacent to the Lands, including any Existing Expansion Infrastructure on or adjacent to the Lands, as a result of an act of omission of Project Co or a Project Co Design Issues under Section 11.17)Party; or (iv) the property of a third party on or adjacent to the Lands as a result of an act of omission of Project Co or a Project Co Party; is damaged or destroyed at any time during the Project Term, then (v) in the case of (i), (ii) acts or omissions by Ownerand (iii) above, Project Co shall, at its own cost and expense, Make Good such portion of the Works, including the Expansion Infrastructure, the Consultant Existing Expansion Infrastructure, and the property of Contracting Authority on or any contractor retained by Owner directly adjacent to the Lands, including the Existing Expansion Infrastructure (the “CA Reinstatement Work”) and/or: (vi) in the case of (iv) above, Project Co shall, at its own cost and whose contract is not assigned to Project Coexpense, their respective agents upon written notice from Contracting Authority, Make Good such property (the “Third Party Reinstatement Work” and employeestogether with the CA Reinstatement Work, the “Reinstatement Works”). (bc) Should Project CoCo shall carry out any Reinstatement Works promptly and, in any event, as soon as practicable in the performance of circumstances. (d) Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Work, the Owner’s property at the SiteWorks, including the Existing Facility Expansion Infrastructure, shall not terminate this Project Agreement or property adjacent to the Site, relieve Project Co shall be responsible of any of its obligations hereunder (including indemnity obligations) or entitle Project Co to Make Good such damage at Project Co’s expenseany compensation from Contracting Authority. (c) Should damage occur to the Work or Owner’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner so directs, to the Owner’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (de) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjoining adjacent property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) . Notwithstanding Section 11.21(d)the foregoing, where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any of the Reinstatement Works is reasonably estimated to cost more than $[REDACTED] or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Works without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (i) a description of the Reinstatement Works required to restore, replace and reinstate the damage or destruction; (ii) Project Co’s proposed schedule for the execution of the Reinstatement Works; and (iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate; and the Reinstatement Works must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. (g) Project Co shall cause the Reinstatement Works to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Works shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Works shall, as a condition to their retainer and prior to commencing any Reinstatement Works or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement. (h) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Works, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Works. (i) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the OwnerCHH’s property at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by OwnerCHH, the Consultant or any contractor retained by Owner CHH directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the OwnerCHH’s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or OwnerCHH’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner CHH so directs, to the OwnerCHH’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner CHH and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner CHH on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. ‌ (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employees.Contracting Authority Party.‌ (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the Site, including property adjacent to the Existing Facility Site, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed.followed.‌ (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the OwnerSTEGH’s property at the Site, including the Existing Facility and the property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of:of:‌ (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by OwnerSTEGH, the Consultant or any contractor retained by Owner STEGH directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the OwnerSTEGH’s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or OwnerSTEGH’s property at the Site, including the Existing Facility Facility, for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner STEGH so directs, to the OwnerSTEGH’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Project‌ Co, without first consulting Owner STEGH and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner STEGH on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of the CTC at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant CTC or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesCTC Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of the CTC at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of the CTC at the Site, including the Existing Facility property adjacent to the Site, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner the CTC so directs, to the Owner’s property of the CTC and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner the CTC and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner the CTC on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the OwnerTHP’s property at the Site, including the Existing Facility and the property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of:of:‌ (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by OwnerTHP, the Consultant or any contractor retained by Owner THP directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the OwnerTHP’s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or OwnerTHP’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner THP so directs, to the OwnerTHP’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner THP and receiving written instructions as to the course of action to be followed.followed.‌ (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner THP on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of the College at the Site, including the Existing Facility and property adjacent to the SiteFacilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Ownerthe College, the Consultant College Representative or any contractor retained by Owner the College directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of the College at the Site, including the Existing Facility or property adjacent to the SiteFacilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of the College at the Site, including the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner the College so directs, to the Owner’s property of the College and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner the College and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner the College on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and HMQ’s and the Owner’s Sponsors’ property at the SiteSites, including the Existing Facility and property adjacent to the SiteSites, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by OwnerHMQ, the Consultant or any contractor retained by Owner HMQ directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, HMQ’s and the Owner’s Sponsors’ property at the SiteSites, including the Existing Facility or property adjacent to the SiteSites, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or OwnerHMQ’s or the Sponsors’ property at the SiteSites, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner HMQ so directs, to HMQ’s or the Owner’s Sponsors’ property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner HMQ and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the ProjectProjects, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner HMQ on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of the CTC at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant CTC or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesCTC Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of the CTC at the Site, including the Existing Facility or property adjacent to the SiteSite and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of the CTC at the Site, including the property adjacent to the Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner the CTC so directs, to the Owner’s property of the CTC and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner the CTC and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner the CTC on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of the College at the Site, including the Existing Facility and property adjacent to the SiteFacilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant College or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesCollege Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of the College at the SiteLands, including the Existing Facility or property adjacent to the SiteFacilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of the College at the SiteLands, including the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.9(a), Project Co shall Make Good such damage to the Work Works and, if Owner the College so directs, to the Owner’s property of the College and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner the College and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.9(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner the College on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works, including the Expansion Infrastructure and the Owner’s property at of Contracting Authority on the SiteLands, including the Existing Facility Expansion Infrastructure, and the property adjacent to the Site, Site from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damagedamage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party. (b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of: (i) Design Issues the Works, including the Expansion Infrastructure, is damaged or destroyed prior to the Substantial Completion Date; (other than Design Issues which are properly characterized ii) the Works, including the Expansion Infrastructure, is damaged or destroyed following the Substantial Completion Date as a the result of an act or omission of Project Co Design Issues under Section 11.17)or any Project Co Party; or (iiiii) acts or omissions by Ownerany existing property of Contracting Authority on the Lands, the Consultant including any Existing Expansion Infrastructure, or any contractor retained by Owner directly property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any Project Co Party, then Project Co shall, at its own cost and whose contract is not assigned expense, Make Good the Works (including the Expansion Infrastructure), and the Existing Expansion Infrastructure, and repair or replace the property of Contracting Authority on the Lands, including the Existing Expansion Infrastructure, and any property adjacent to Project Cothe Lands, their respective agents or any part thereof, as applicable (the “Reinstatement Work”) promptly and employees. (b) Should Project Co, in any event as soon as practicable in the performance of circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Work, the Owner’s property at the Site, Works (including the Existing Facility Expansion Infrastructure) shall not terminate this Project Agreement or property adjacent to the Site, relieve Project Co shall be responsible of any of its obligations hereunder or entitle Project Co to Make Good such damage at Project Co’s expenseany compensation from Contracting Authority. (c) Should damage occur to the Work or Owner’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner so directs, to the Owner’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjoining adjacent property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) . Notwithstanding Section 11.21(d)the foregoing, where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (d) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement (i) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction; (ii) Project Co’s proposed schedule for the execution of the Reinstatement Work; and (iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate; and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. (e) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement. (f) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work. (g) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the Site, including the Existing Facility or property adjacent to the SiteSite and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the Site, including property adjacent to the Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price Price, the Scheduled Interim Completion Date and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the each Site, including the Existing Facility and property adjacent to each Site and the SiteExisting Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the any Site, including the Existing Facility or property adjacent to any Site and the SiteExisting Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the any Site, including property adjacent to any Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price Price, each applicable Scheduled Phase Completion Date and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the Site, including the Existing Facility or property adjacent to the SiteSite and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the Site, including property adjacent to the Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority, and the Guaranteed Price and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the Owner’s Owner‟s property at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s Co‟s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by Owner, the Consultant or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the Owner’s Owner‟s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s Co‟s expense. (c) Should damage occur to the Work or Owner’s Owner‟s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner so directs, to the Owner’s Owner‟s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the Site, including the Existing Facility or property adjacent to the SiteSite and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the Site, including property adjacent to the Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price Price, each Scheduled Phase Completion Date, the Scheduled Tower Interim Completion Date and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work and the OwnerCMH’s property at the Site, including the Existing Facility and the property adjacent to the Site, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) acts or omissions by OwnerCMH, the Consultant or any contractor retained by Owner CMH directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, the OwnerCMH’s property at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work or OwnerCMH’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner CMH so directs, to the OwnerCMH’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner CMH and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d), where there is danger to life or property which arises out of or in connection with the performance of the Work, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner CMH on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e) and Schedule 14 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. ‌ (a) Project Co shall protect the Work Works, including the Expansion Infrastructure and the Owner’s property at of Contracting Authority on the SiteLands, including the Existing Facility Expansion Infrastructure, and the property adjacent to the Site, Site from damage or destruction which may arise as a result of Project Co’s operations under this Project Agreement, and Project Co shall be responsible for such damagedamage or destruction, except for any damage or destruction which occurs as a result of acts or omissions by Contracting Authority or any Contracting Authority Party. (b) Unless this Project Agreement is terminated in accordance with its terms, if all or any part of: (i) Design Issues the Works, including the Expansion Infrastructure, is damaged or destroyed prior to the Substantial Completion Date; (other than Design Issues which are properly characterized ii) the Works, including the Expansion Infrastructure, is damaged or destroyed following the Substantial Completion Date as a the result of an act or omission of Project Co Design Issues under Section 11.17)or any Project Co Party; or (iiiii) acts or omissions by Ownerany existing property of Contracting Authority on the Lands, the Consultant including any Existing Expansion Infrastructure, or any contractor retained by Owner directly property adjacent to the Lands, is damaged or destroyed as a result of an act or omission of Project Co or any Project Co Party, then Project Co shall, at its own cost and whose contract is not assigned expense, Make Good the Works (including the Expansion Infrastructure), and the Existing Expansion Infrastructure, and repair or replace the property of Contracting Authority on the Lands, including the Existing Expansion Infrastructure, and any property adjacent to Project Cothe Lands, their respective agents or any part thereof, as applicable (the “Reinstatement Work”) promptly and employees. (b) Should Project Co, in any event as soon as practicable in the performance of circumstances. Except as otherwise expressly provided in this Project Agreement, damage to or destruction of all or any part of the Work, the Owner’s property at the Site, Works (including the Existing Facility Expansion Infrastructure) shall not terminate this Project Agreement or property adjacent to the Site, relieve Project Co shall be responsible of any of its obligations hereunder or entitle Project Co to Make Good such damage at Project Co’s expenseany compensation from Contracting Authority. (c) Should damage occur to the Work or Owner’s property at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a), Project Co shall Make Good such damage to the Work and, if Owner so directs, to the Owner’s property and the Guaranteed Price and Contract Time shall be adjusted (including on account of the Overhead and Profit Fee) as provided in Schedule 11 – Change Procedure. (d) Project Co shall not undertake to repair and/or replace any damage or destruction whatsoever to adjoining adjacent property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) . Notwithstanding Section 11.21(d)the foregoing, where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (d) If the Reinstatement Work is reasonably estimated to cost more than $[REDACTED] or in any other case where the Contracting Authority Representative, having regard to the nature of the damage or destruction, notifies Project Co that a Reinstatement Plan is required (excluding where the damage or destruction occurs before the Final Completion Date and the Contracting Authority Representative acting reasonably considers that the continued application of the Design and Construction Certification Procedure would be able to adequately address the Reinstatement Work without the need for a separate Reinstatement Plan), Project Co shall, as soon as practicable and in any event within 20 Business Days after the occurrence of the damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, (or if, with the exercise of all due diligence more than 20 Business Days is reasonably required for such purposes, then within such longer period of time after the occurrence of such damage or destruction or receipt of notification from the Contracting Authority Representative, as the case may be, as may be reasonably required with the exercise of all due diligence, provided Project Co exercises and continues to exercise all such due diligence) submit to the Contracting Authority Representative pursuant to Schedule 10 - Review Procedure a plan (a “Reinstatement Plan”) prepared by Project Co for carrying out the Reinstatement Work setting out, in reasonable detail, inter alia: (i) a description of the Reinstatement Work required to restore, replace and reinstate the damage or destruction; (ii) Project Co’s proposed schedule for the execution of the Reinstatement Work; and (iii) the information required pursuant to Schedule 22 – Variation Procedure as if such plan were an Estimate; and the Reinstatement Work must not be commenced until the Contracting Authority Representative consents thereto in accordance with Schedule 10 - Review Procedure except to the extent necessary to address any Emergency or public safety needs. (e) Project Co shall cause the Reinstatement Work to be carried out in accordance with the Output Specifications and all other applicable requirements under this Project Agreement and, where applicable, in accordance with the Reinstatement Plan consented to by the Contracting Authority Representative in accordance with Schedule 10 - Review Procedure. All designs, plans and specifications in respect of the Reinstatement Work shall be subject to the Design and Construction Certification Procedure. If requested by the Contracting Authority Representative, the persons (and if applicable, a suitable parent entity thereof acceptable to Contracting Authority) retained by Project Co to design and carry out any Reinstatement Work shall, as a condition to their retainer and prior to commencing any Reinstatement Work or design work in connection therewith, enter into a construction contract with Project Co and a direct agreement with Contracting Authority in substantially the same forms as the Design and Construction Contract and the Construction Contractor’s Direct Agreement. (f) In the event any Insurance Proceeds under Insurance Policies as referred to in Schedule 30 - Insurance Trust Agreement are available to carry out the Reinstatement Work, such Insurance Proceeds shall be paid into the Insurance Trust Account and shall be dispensed in accordance with the provisions of the Insurance Trust Agreement to carry out the Reinstatement Work. (g) If any Project Co Party has caused damage or destruction to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage or destruction alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of JBH at the Site, including the Existing Facility and property adjacent to the SiteFacilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant JBH or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesJBH Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of JBH at the Site, including the Existing Facility or property adjacent to the SiteFacilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of JBH at the Site, including the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner JBH so directs, to the Owner’s property of JBH and the Guaranteed Price Price, each applicable Scheduled Phase Completion Date, the Scheduled Tower Interim Completion Date and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner JBH and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner JBH on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the Site, including the Existing Facility or property adjacent to the SiteSite and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the Site, including property adjacent to the Site and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of Contracting Authority at the Site, including the Existing Facility and property adjacent to the SiteSite and the Existing Facilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant Contracting Authority or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employeesContracting Authority Party. (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of Contracting Authority at the SiteLands, including the Existing Facility or property adjacent to the SiteLands and the Existing Facilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of Contracting Authority at the SiteLands, including property adjacent to the Lands and the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.10(a), Project Co shall Make Good such damage to the Work Works and, if Owner Contracting Authority so directs, to the Owner’s property of Contracting Authority and the Guaranteed Price and Contract Time the Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner Contracting Authority and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.10(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner Contracting Authority on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.13(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of the College at the Site, including the Existing Facility and property adjacent to the SiteFacilities, from damage which may arise as a result of Project Co’s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by Owner, the Consultant College or any contractor retained by Owner directly and whose contract is not assigned to Project Co, their respective agents and employees.College Party.‌ (b) Should Project Co, in the performance of this Project Agreement, damage the Work, Works or the Owner’s property of the College at the Site, including the Existing Facility or property adjacent to the SiteFacilities, Project Co shall be responsible to Make Good such damage at Project Co’s expense. (c) Should damage occur to the Work Works or Owner’s the property of the College at the Site, including the Existing Facility Facilities, for which Project Co is not responsible, as provided in Section 11.21(a11.9(a), Project Co shall Make Good such damage to the Work Works and, if Owner the College so directs, to the Owner’s property of the College and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner the College and receiving written instructions as to the course of action to be followed.followed.‌ (e) Notwithstanding Section 11.21(d11.9(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner the College on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.12(e) and Schedule 14 27 – Dispute Resolution Procedure.

PROTECTION OF WORK AND PROPERTY. (a) Project Co shall protect the Work Works and the Owner’s property of HMQ, City and UofT at the Site, including the Existing Facility and property adjacent to the Site, from damage which may arise as a result of Project Co’s Co‟s operations under this Project Agreement, and shall be responsible for such damage, except damage which occurs as a result of: (i) Design Issues (other than Design Issues which are properly characterized as a Project Co Design Issues under Section 11.17); or (ii) of acts or omissions by OwnerHMQ, the Consultant HMQ Representative or any contractor retained by Owner HMQ directly and whose contract is not assigned to Project Co, their respective agents and employees. (b) Should Project Co, in the performance of this Project Agreement, damage the WorkWorks, the Owner’s property of HMQ, City or UofT at the Site, including the Existing Facility or property adjacent to the Site, Project Co shall be responsible to Make Good such damage at Project Co’s Co‟s expense. (c) Should damage occur to the Work Works or Owner’s the property of HMQ, City or UofT at the Site, including the Existing Facility for which Project Co is not responsible, as provided in Section 11.21(a11.15(a), Project Co shall Make Good such damage to the Work Works and, if Owner HMQ so directs, to the Owner’s property of HMQ, City or UofT, as applicable, and the Guaranteed Price and Contract Time Scheduled Substantial Completion Date or the Scheduled PGW Substantial Completion Date, as applicable, shall be adjusted (including on account of the Overhead and Profit Fee) as provided in accordance with Schedule 11 22 – Change Variation Procedure. (d) Project Co shall not undertake to repair and/or replace any damage whatsoever to adjoining property or acknowledge the same was caused or occasioned by Project Co, without first consulting Owner HMQ and receiving written instructions as to the course of action to be followed. (e) Notwithstanding Section 11.21(d11.15(d), where there is danger to life or property which arises out of or in connection with the performance of the WorkWorks, either Party may, but Project Co shall, take such emergency action as is necessary to remove the danger. (f) If any Project Co Party has caused damage to the work of another contractor related to the Project, Project Co agrees upon due notice to settle with the other contractor by negotiation or arbitration in accordance with Section 11.19(e11.21(e) and Schedule 14 27 – Dispute Resolution Procedure. If the other contractor makes a claim against Owner HMQ on account of damage alleged to have been so sustained, the dispute shall be dealt with in substantially the same manner as contemplated in Section 11.19(e11.21(e) and Schedule 14 27 – Dispute Resolution Procedure.