Uninterrupted Access Clause Samples

Uninterrupted Access. The School Board covenants to the Province that the Province’s non-exclusive license of access to and use of the School Sites and the Schools shall be: (a) uninterrupted for the term of this Agreement, and (b) without any disturbance or interference from the School Board, its trustees, employees, agents, contractors, tenants, licensees, students, invitees or any other person claiming from or under the School Board, in each case subject only to the Identified Encumbrances and the provisions of the DBFM Agreement. The School Board, to the extent of its ownership interest, agrees with the Province that it shall defend title to the School Sites against any person (including, without limiting the generality of the foregoing, any person claiming aboriginal title or treaty rights) claiming any interest adverse to the School Board, except where such adverse interest arises as a result of a negligent or wrongful act or omission of the Province or the Contractor or those for whom they are legally responsible, including but not limited to any liens or other encumbrances registered as a result of the acts or omissions of the Contractor or its subcontractors.

Uninterrupted Access. The Province covenants that the Contractor’s access to the Lands pursuant to Section 4.1 shall be uninterrupted during the duration of this Agreement, shall be without any disturbance or interference from the Province or any person claiming from or under the Province, and shall be adequate to enable the Contractor to carry out the Project throughout the Construction Period and to carry out the O&M throughout the Operating Period, in each case subject to the following: (a) the Identified Encumbrances and the Future Utilities as defined in Section 4.8 (but subject in each case to the obligations of the Province under Section 15.4); (b) the exercise by the Province of any express right under and in accordance with this Agreement, including without limitation the Province’s right under Section 5.10 to direct the Contractor to cease construction, the Province’s rights under Sections 7.3 and 7.4 to undertake additional improvements or expansion, the Province’s right under Section 14.4 to access the Lands for inspection purposes, and the Province’s step-in rights under Section 16.6; (c) any interference, including without limitation an injunction issued by a Court or action by protesters, that is attributable to a negligent or wrongful act or omission by the Contractor or those for whom the Contractor is legally responsible. The Province shall defend its title to the Lands against any person (including, without limiting the generality of the foregoing, any person claiming aboriginal title or treaty rights) claiming any interest adverse to the Province in the Lands, except where such adverse interest arises as a result of a negligent or wrongful act or omission of the Contractor or those for whom it is legally responsible. Unless expressly otherwise stated by the Province, any entry upon the Lands by the Province in accordance with the provisions of this Agreement or by any third party through written consent of the Province’s Minister of Infrastructure and Transportation pursuant to the Calgary Restricted Development Area Regulations (AR 212/76, as amended) shall not constitute a breach of this covenant of uninterrupted access to the Lands, provided that such entry does not (having regard to and subject to the provisions of Sections 4.8 and 13.2(n) regarding “Future Utilities”) materially adversely interfere with or disturb the Contractor’s carrying out of the Project or the O&M.