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 JBH, 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 JBH 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 Burlington may formally relieve or waive, with the consent of JBH, 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 JBH performing. (b) All Works performed by or on behalf of Project Co shall 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 JBHContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of JBH Contracting Authority (including, for clarity, any and all obligations under the JBH Contracting 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 Burlington Centre Wellington may formally relieve or waive, with the consent of JBHContracting 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 JBH Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall 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 JBHSMH, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of JBH SMH (including, for clarity, any and all obligations under the JBH SMH 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 Burlington Toronto may formally relieve or waive, with the consent of JBHSMH, 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 JBH SMH performing. (b) All Works performed by or on behalf of Project Co shall 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 JBHContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of JBH Contracting Authority (including, for clarity, any and all obligations under the JBH Contracting 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 Burlington applicable Governmental Authority may formally relieve or waive, with the consent of JBHContracting 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 JBH Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall 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 JBHContracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of JBH Contracting Authority (including, for clarity, any and all obligations under the JBH Contracting 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 Burlington applicable Governmental Authority may formally relieve or waive, with the consent of JBHContracting 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 JBH Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall 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.