Common use of SM - Province Clause in Contracts

SM - Province. (a) It is proposed that the SM indemnify the Province for any third party claims against the Province, unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the Province. (b) Subject to the preceding paragraph, during the construction phase of a project, it is proposed that the Service Manager indemnify the Province for 100% of federal IAH project funding, as a result of any third party 'claims" against the Province, subject to certain exceptions as per the IAH Agreement, including: (i) Maximum liability is limited to the total amount of federal-provincial funding advanced at the time of the loss-giving rise to the cIaim for indemnification; (ii) 50% share of provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim); (iii) 50% share of provincial liability for Iosses as a result of environmental and pollution claims (i.e. 25% of the total claim); (iv) no indemnification for losses covered by CMHC or other insurance. (c) Following completion of construction, it is proposed that the Service Manager will indemnify the province for any third party 'claims" on a 50% basis for CMHC, with respect to the federal portion of IAH funding, and on a 100% basis for the Province, subject to same exceptions as indicated above.

SM - Province. (a) It is proposed that the SM indemnify the Province for any third party claims against the Province, unless the claims are in any way, directly or indirectly, attributable to the negligence, bad faith or willful misconduct of the Province. (b) Subject to the preceding paragraph, during the construction phase of a project, it is proposed that the Service Manager indemnify the Province for 100% of federal IAH AHP project funding, as a result of any third party 'claims" against the Province, subject to certain exceptions as per Section 8.4 of the IAH AHP Agreement, including: (i) Maximum liability is limited to the total amount of federal-provincial funding advanced at the time of the loss-giving rise to the cIaim claim for indemnification; (ii) 50% share of provincial liability for losses in relation to Project Development Funding (i.e. 25% of the total claim); (iii) 50% share of provincial liability for Iosses as a result of environmental and pollution claims (i.e. 25% of the total claim); (iv) no indemnification for losses covered by CMHC or other insurance. (c) Following completion of construction, it is proposed that the Service Manager will indemnify the province for any third party 'claims" on a 50% basis for CMHC, with respect to the federal portion of IAH AHP funding, and on a 100% basis for the Province, subject to same exceptions as indicated above.