Common use of Province’s Step-in Rights Clause in Contracts

Province’s Step-in Rights. If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the Infrastructure (other than for purposes expressly contemplated by the O&M Requirements); then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and the Existing Infrastructure open for public use, and in that event: (d) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (e) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m); and (f) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. ‌ If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project Project, the Existing Facilities O&M or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or; (c) if necessary in order to prevent the Contractor or its subcontractors from excluding limiting operation of the Existing Facilities or limiting public use of the Infrastructure (other than for purposes expressly contemplated by the O&M Technical Requirements); ; (d) because a Default (as defined in Section 16.7) has occurred of which the Contractor is aware or has been given notice thereof and the Province has given the Contractor notice that in the Province’s opinion, acting reasonably, the Contractor is not diligently pursuing a cure of the Default, or because an Incurable Default (as defined in Section 16.7) has occurred of which the Contractor is aware or has been given notice thereof and the Province has given the Contractor notice that in the Province’s opinion, acting reasonably, the Contractor is not diligently pursuing a course of action designed to mitigate the consequences of the Incurable Default, then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure Existing Facilities or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and Existing Facilities or Infrastructure, as the Existing Infrastructure open for public usecase may be, in operation, or address the Default or the Incurable Default, and in that event: (de) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (ef) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m13.2(j); and (fg) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. ‌ If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the Infrastructure (other than for purposes expressly contemplated by the O&M Requirements); then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and the Existing Infrastructure open for public use, and in that event: (d) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (e) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m); and (f) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the New Infrastructure or the Existing Infrastructure (other than for purposes expressly contemplated by the O&M Requirements); then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and the Existing Infrastructure open for public use, and in that event: (d) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (e) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m); and (f) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the New Infrastructure (other than for purposes expressly contemplated by the O&M Requirements); then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and the Existing Infrastructure open for public use, and in that event: (d) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (e) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m); and (f) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. If at any time during either the Construction Period or the Operating Period the Province reasonably believes that it needs to take action in relation to the Project or the O&M: (a) because a serious risk exists to public safety or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the New Infrastructure or the Existing Infrastructure (other than for purposes expressly contemplated by the O&M Requirements); then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure as the Province reasonably considers necessary to mitigate the risk or discharge the statutory duty or keep the New Infrastructure and the Existing Infrastructure open for public use, and in that event: (d) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (e) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, may constitute a Relief Event under Section 13.2(m); and (f) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.

Province’s Step-in Rights. If Except in respect of matters that are subject to section 5.11.3.2 of Schedule 18 (Technical Requirements), if at any time during either the Construction Period or the Operating M&R Period the Province reasonably believes that it needs to take action in relation to the Project or the O&MM&R: (a) because a serious risk exists to public security and safety (including without limitation students’ security and safety) or to the environment; (b) in order to discharge a statutory duty or enable performance by any other person of a statutory duty; or; (c) if necessary in order to prevent the Contractor or its subcontractors from excluding or limiting public use of the Infrastructure Schools (other than for purposes expressly contemplated by the O&M M&R Requirements); or (d) because a Default (as defined in Section 16.7) has occurred and the Contractor is not diligently pursuing a cure of the Default, or where the Default is an Incurable Default, the Contractor is not diligently pursuing a course of action designed to mitigate the consequences of the Incurable Default, or because the Contractor is not diligently pursuing the Project or the M&R, then the Province may, upon notice to the Contractor (which notice shall specify all pertinent details of the intended action) take such action (the “Remedial Action”) in relation to the Project or to the operation and maintenance of the New Infrastructure or the Existing Infrastructure M&R as the Province reasonably considers necessary to mitigate the risk or risk, discharge the statutory duty or duty, keep the New Infrastructure and the Existing Infrastructure Schools open for public useuse or remedy the Default or advance the Project or the M&R, and in that event: (de) the Province shall carry out the Remedial Action as quickly as is practicable, and in such manner as will minimize interference with the Contractor’s performance of its obligations under this Agreement; (ef) if the need for the Remedial Action does not arise as a result of any breach by the Contractor of its obligations under this Agreement, then the Remedial Action shall, subject to Section 13.2, constitute a Relief Event under Section 13.2(m13.2(i); and (fg) to the extent that the need for the Remedial Action arises as a result of any breach by the Contractor of its obligations under this Agreement, then the Contractor shall indemnify the Province against all costs and expenses reasonably incurred by the Province in carrying out the Remedial Action.