Common use of Title; Encumbrances Clause in Contracts

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the College, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of the College; (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga may formally relieve or waive, with the consent of the College, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College performing. (b) Project Co shall perform the Works in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the Site, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeSMH, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of SMH (including, for clarity, any and all obligations under the CollegeSMH Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga Toronto may formally relieve or waive, with the consent of the CollegeSMH, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College SMH performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the Site, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeJBH, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of JBH (including, for clarity, any and all obligations under the CollegeJBH Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga Burlington may formally relieve or waive, with the consent of the CollegeJBH, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College JBH performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the Site, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the CollegeContracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City Township of Mississauga Centre Wellington may formally relieve or waive, with the consent of the CollegeContracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the SiteLands, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeCTC, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of the CollegeCTC; (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga Xxxxxxxx may formally relieve or waive, with the consent of the CollegeCTC, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College CTC performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.317.2, the performance of the Works no act or omission by Project Co or any Project Co Party shall not give rise to a right for any person to obtain title to or any interest in the Site, the Facility or the Existing Facilities Site or any part of it or themit, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the CollegeContracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga applicable Governmental Authority may formally relieve or waive, with the consent of the CollegeContracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the SiteLands, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of the CollegeContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the CollegeContracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the City of Mississauga applicable Governmental Authority may formally relieve or waive, with the consent of the CollegeContracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for the College Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall perform the Works be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the SiteSites, the Facility Facilities or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.