Common use of Warranty Obligations Clause in Contracts

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period despite Project Co having obtained on Contracting AuthoritySMH’s behalf industry- industry-standard or other equipment required warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the a Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority SMH gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority SMH may have, Contracting Authority SMH may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting AuthoritySMH. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which SMH and shall use commercially reasonable efforts to ensure that such Product warranties and In- Contract Equipment warranties extend for as long a period from each Phase Completion Date, the Tower Interim Completion Date and the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event all such Product warranties and In-Contract Equipment warranties shall extend no less than two years from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to each Phase Completion Date, with respect to each applicable Phase of the Works, the Tower Interim Completion Date, with respect to the Tower Interim Completion Works, and the Substantial Completion Date, with respect to the Remainder Works. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting AuthoritySMH, at no cost or expense to Contracting AuthoritySMH, at the end of the each Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Project Co shall monitor the maintenance program of SMH throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Sections 23A.5, 23B.5 and 24.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such SMH maintenance program and shall report promptly to SMH any deviations from such prescribed Maintenance Instructions. If SMH agrees with such reported deviations, SMH shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If SMH does not agree with such reported deviations, SMH and Project Co agree to cooperate in good faith to resolve such disagreement and for SMH to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If SMH and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (h) Subject to Section 11.13 and Section 11.15(g), Project Co acknowledges that SMH may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-industry- standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and In-Contract Equipment warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and In-Contract Equipment warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Project Co shall monitor the maintenance program of Contracting Authority throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Sections 23B.5 and 24.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such Contracting Authority maintenance program and shall report promptly to Contracting Authority any deviations from such prescribed Maintenance Instructions. If Contracting Authority agrees with such reported deviations, Contracting Authority shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority does not agree with such reported deviations, Contracting Authority and Project Co agree to cooperate in good faith to resolve such disagreement and for Contracting Authority to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (h) Subject to Section 11.13 and Section 11.15(g), Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During Any deficiency, defect or error in the Works or non-compliance with the requirements of this Project Agreement shall collectively be referred to as a “Construction Defect”. (c) For a period from Substantial Completion to one year following PGW Substantial Completion (the “Warranty Period and subject to Section 11.15(cPeriod”), Project Co shall promptly, at its sole cost and expense, expense correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defectsdeficient, defective and non-compliant Works, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Workscorrection. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect deficient, defective or non compliant Works and not the Works as a whole.‌whole. (cd) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority HMQ gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (de) The warranties described in this Section 11.15 11.23 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (ef) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b11.23(c) and 11.15(c11.23(d) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicablespecified, without prejudice to any other right or remedy Contracting Authority HMQ may have, Contracting Authority HMQ may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and Co‟s expense. (fg) Project Co shall obtain The warranties from the manufacturers of each of the Products described in this Section 11.23 are for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co City and Contracting Authority. Where, in respect UofT and will be administered by HMQ on behalf of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirementsCity and UofT. (h) For clarity, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and Co‟s warranty obligations with respect to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended Post Games Works are set out in accordance with Section 11.15(b).‌Schedule 32 – Post Games Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall Works, including the New Metrolinx Infrastructure, the New Third Party Infrastructure, and all Products, parts and workmanship, including those replaced during the Warranty Period, shall, (A) conform to the requirements of and specifications set out in this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (iiB) the Works shall be free of defects, including design defects, errors and omissions; and (iiiC) be new, of good quality material, of merchantable quality and fit for their intended purpose as described in the Project Agreement; and (ii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c)Period, Project Co shall promptly, at its sole cost and expense, (i) subject to Section 11.16(b)(ii), correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.16(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌; and (cii) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (dc) The warranties described set out in this Section 11.15 11.16 shall each cover labour and material, including, the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or any item of equipment called for elsewhere in the Schedule 15 - Output Specifications or otherwise provided by any manufacturer of such Product or item of equipment. Project Co shall ensure that all extended warranties specified in the Project Agreement are provided and shall, in the case of the New Third Party Infrastructure, assign to the third party owner of the New Third Party Infrastructure all such extended warranties as the third party owner may direct. (ed) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense.[Intentionally Deleted] (fe) Project Co shall obtain warranties from the manufacturers of each of the Products and items of equipment for the duration(s) and in accordance with the applicable requirements specified in the Schedule 15 - Output Specifications in the name of and to the benefit of both Project Co Co, Contracting Authority in the case of New Metrolinx Infrastructure, and Contracting Authoritythe applicable third party owner in the case of New Third Party Infrastructure. Where, in respect of a Product warranty or equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and equipment warranties extend for as long a period from, (i) in the case of New Metrolinx Infrastructure and New Third Party Infrastructure other than Remaining Works, the Substantial Completion Date, and (ii) in the case Remaining Works, the Final Completion Date, as, in each case, can be obtained from the applicable manufacturer, but in any event such Product warranties and equipment warranties shall extend no less than two years from the Substantial Completion Dateapplicable Warranty Period. Each Product warranty and equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to (i) in the case of New Metrolinx Infrastructure and New Third Party Infrastructure other than the Remaining Works, the Substantial Completion Date, and (ii) in the case of the Remaining Works, the Final Completion Date. Project Co shall ensure that each Product warranty and equipment warranty, including any Product warranty or equipment warranty extended under this Section 11.15(f11.16(e), is fully assigned to Contracting AuthorityAuthority or the third party owner of New Third Party Infrastructure, as applicable, at no cost or expense to Contracting AuthorityAuthority or the third party owner, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.17(a). (f) Contracting Authority may, in its sole discretion, assign the Project Co warranties set out in this Section 11.16 to the applicable third party owner of the New Third Party Infrastructure, and shall provide Notice to Project Co of any such assignment of Project Co warranties. On the commencement of the first Warranty Period for each of the New Metrolinx Infrastructure and the New Third Party Infrastructure, Project Co shall provide at least two copies of each of the compilations of warranty certificates, one compilation for each of the New Metrolinx Infrastructure and one compilation for each category of New Third Party Infrastructure, as categorized by ownership of the New Third Party Infrastructure. Project Co shall update all copies of each of the compilations from time to time as each Warranty Period commences. Each of the compilations shall indicate the start and completion date of each Project Co warranty. (g) Subject to Section 11.12, Project Co acknowledges that, (i) with respect to the New Metrolinx Infrastructure, Contracting Authority may, in its sole discretion; and (ii) with respect to the New Third Party Infrastructure, the applicable third party owner may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and Project Co agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the WorksWorks in accordance with Sections 11.15, 11.16 and the Warranty Protocol. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period in accordance with Sections 11.15, 11.16 and the Warranty Protocol despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects in accordance with Sections 11.15, 11.16 and the Warranty Protocol during the applicable Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-industry- standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which Authority, and shall use commercially reasonable efforts to ensure that such Product warranties and In-Contract Equipment warranties extend for so long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and In-Contract Equipment warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Subject to Section 11.13, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that:: the Works, including the New Metrolinx Infrastructure, the New Third Party Infrastructure, and all Products, parts and workmanship, including those replaced during the Warranty Period, shall, (iA) the Works shall conform to the requirements of and specifications set out in this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (iiB) the Works shall be free of defects, including design defects, errors and omissions; and (iiiC) be new, of good quality material, of merchantable quality and fit for their intended purpose as described in the Project Agreement; and materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c)Period, Project Co shall promptly, at its sole cost and expense, subject to Section 11.16(b)(ii), correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.16(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect ; and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (dc) The warranties described set out in this Section 11.15 11.16 shall each cover labour and material, including, the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or any item of equipment called for elsewhere in the Schedule 15 - Output Specifications or otherwise provided by any manufacturer of such Product or item of equipment. Project Co shall ensure that all extended warranties specified in the Project Agreement are provided and shall, in the case of the New Third Party Infrastructure, assign to the third party owner of the New Third Party Infrastructure all such extended warranties as the third party owner may direct. (d) Project Co shall monitor the maintenance program of Contracting Authority and any owner of New Third Party Infrastructure throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Section 25.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of the maintenance program of Contracting Authority and any owner of New Third Party Infrastructure and shall report promptly to Contracting Authority and any owner of New Third Party Infrastructure, as the case may be, any deviations from such prescribed Maintenance Instructions. If Contracting Authority or owner of such New Third Party Infrastructure, as the case may be, agrees with such reported deviations, Contracting Authority shall, on a reasonable and prompt basis, perform the work required to correct such deviations or use reasonable commercial efforts to cause the owner of any New Third Party Infrastructure to perform such work and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority or owner of such New Third Party Infrastructure, as the case may be, does not agree with such reported deviations, Contracting Authority or owner of such New Third Party Infrastructure, as the case may be, and Project Co agree to cooperate in good faith to resolve such disagreement and for Contracting Authority to then perform the agreed upon work (if any) or use reasonable commercial efforts to cause the owner of any New Third Party Infrastructure to perform such work, which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority and Project Co or owner of such New Third Party Infrastructure, as the case may be, cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of equipment for the duration(s) and in accordance with the applicable requirements specified in the Schedule 15 - Output Specifications in the name of and to the benefit of both Project Co Co, Contracting Authority in the case of New Metrolinx Infrastructure, and Contracting Authoritythe applicable third party owner in the case of New Third Party Infrastructure. Where, in respect of a Product warranty or equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and equipment warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and equipment warranties shall extend no less than two years from the Substantial Completion Dateapplicable Warranty Period. Each Product warranty and equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and equipment warranty, including any Product warranty or equipment warranty extended under this Section 11.15(f11.16(e), is fully assigned to Contracting AuthorityAuthority or the third party owner of New Third Party Infrastructure, as applicable, at no cost or expense to Contracting AuthorityAuthority or the third party owner, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.17(a). (f) Contracting Authority may, in its sole discretion, assign the Project Co warranties set out in this Section 11.16 to the applicable third party owner of the New Third Party Infrastructure, and shall provide Notice to Project Co of any such assignment of Project Co warranties. On the commencement of the first Warranty Period for each of the New Metrolinx Infrastructure and the New Third Party Infrastructure, Project Co shall provide at least two copies of each of the compilations of warranty certificates, one compilation for each of the New Metrolinx Infrastructure and one compilation for each category of New Third Party Infrastructure, as categorized by ownership of the New Third Party Infrastructure. Project Co shall update all copies of each of the compilations from time to time as each Warranty Period commences. Each of the compilations shall indicate the start and completion date of each Project Co warranty. (g) Subject to Section 11.12, Project Co acknowledges that, with respect to the New Metrolinx Infrastructure, Contracting Authority may, in its sole discretion; and with respect to the New Third Party Infrastructure, the applicable third party owner may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and Project Co agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Phase Warranty Period and the Warranty Period and subject to Section 11.15(c11.13(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the WorksWorks in accordance with Section 11.15, Section 11.16, the Phase Warranty Protocol and the Warranty Protocol, as applicable. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Phase Warranty Period and the Warranty Period in accordance with Section 11.15, Section 11.16, the Phase Warranty Protocol and the Warranty Protocol, as applicable, despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Phase Warranty Period or the Warranty Period, as applicable, shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a the Phase Warranty Period or the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects in accordance with Section 11.15, Section 11.16, the Phase Warranty Protocol and the Warranty Protocol during the Phase Warranty Period and the Warranty Period, as applicable, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which Authority, and shall use commercially reasonable efforts to ensure that such Product warranties and In-Contract Equipment warranties extend for so long a period from the Substantial Completion Date (or from the Phase Completion Date where the Product is in respect of the Parking Garage Works) as can be obtained from the applicable manufacturer, but in any event such Product warranties and In-Contract Equipment warranties shall extend no less than two years one year from the Substantial Completion DateDate (or one year from the Phase Completion Date where the Product or In-Contract Equipment is in respect of the Parking Garage Works). Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Phase Completion Date or the Substantial Completion Date, as applicable. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Phase Warranty Period or the Warranty Period, as applicable as such Phase Warranty Period or Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Subject to Section 11.13, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Phase Warranty Period or Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall Works, including the New Metrolinx Infrastructure, the New Third Party Infrastructure, and all Products, parts and workmanship, including those replaced during the Warranty Period, shall, (A) conform to the requirements of and specifications set out in this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (iiB) the Works shall be free of defects, including design defects, errors and omissions; and (iiiC) be new, of good quality material, of merchantable quality and fit for the intended purpose of constructing a tunnel, as described in the Project Agreement; and (ii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c)Period, Project Co shall promptly, at its sole cost and expense, (i) subject to Section 11.18(b)(ii), correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.18(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌; and (cii) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (dc) The warranties described set out in this Section 11.15 11.18 shall each cover labour and material, including, the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or any item of equipment called for elsewhere in the Schedule 15 – Output Specifications or otherwise provided by any manufacturer of such Product or item of equipment. Project Co shall ensure that all extended warranties specified in the Project Agreement are provided and shall, in the case of the New Third Party Infrastructure, assign to the third party owner of the New Third Party Infrastructure all such extended warranties as the third party owner may direct. (ed) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense.[Intentionally Deleted] (fe) Project Co shall obtain warranties from the manufacturers of each of the Products and items of equipment for the duration(s) and in accordance with the applicable requirements specified in the Schedule 15 – Output Specifications in the name of and to the benefit of both Project Co Co, Contracting Authority in the case of New Metrolinx Infrastructure, and Contracting Authoritythe applicable third party owner in the case of New Third Party Infrastructure. Where, in respect of a Product warranty or equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Dateapplicable Warranty Period. Each Product warranty and equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to to, in the case of New Metrolinx Infrastructure and New Third Party Infrastructure, the Substantial Completion Date. Project Co shall ensure that each Product warranty and equipment warranty, including any Product warranty or equipment warranty extended under this Section 11.15(f11.18(e), is fully assigned to Contracting AuthorityAuthority or the third party owner of New Third Party Infrastructure, as applicable, at no cost or expense to Contracting AuthorityAuthority or the third party owner, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.19(a). (f) Contracting Authority may, in its sole discretion, assign the Project Co warranties set out in this Section 11.18 to the applicable third party owner of the New Third Party Infrastructure, and shall provide Notice to Project Co of any such assignment of Project Co warranties. On the commencement of the first Warranty Period for each of the New Metrolinx Infrastructure and the New Third Party Infrastructure, Project Co shall provide at least two copies of each of the compilations of warranty certificates, one compilation for each of the New Metrolinx Infrastructure and one compilation for each category of New Third Party Infrastructure, as categorized by ownership of the New Third Party Infrastructure. Project Co shall update all copies of each of the compilations from time to time as each Warranty Period commences. Each of the compilations shall indicate the start and completion date of each Project Co warranty. (g) Subject to Section 11.14, Project Co acknowledges that, (i) with respect to the New Metrolinx Infrastructure, Contracting Authority may, in its sole discretion; and (ii) with respect to the New Third Party Infrastructure, the applicable third party owner may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and Project Co agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the each Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and In-Contract Equipment warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and In-Contract Equipment warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and In- Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the each Warranty Period, as such applicable Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Project Co shall monitor the maintenance program of Contracting Authority throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Section 24.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such Contracting Authority maintenance program and shall report promptly to Contracting Authority any deviations from such prescribed Maintenance Instructions. If Contracting Authority agrees with such reported deviations, Contracting Authority shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority does not agree with such reported deviations, Contracting Authority and Project Co agree to cooperate in good faith to resolve such disagreement and for Contracting Authority to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (h) Subject to Section 11.13 and Section 11.15(g), Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall Works, including the New Metrolinx Infrastructure, the New Third Party Infrastructure, and all Products, parts and workmanship, including those replaced during the Warranty Period, shall, (A) conform to the requirements of and specifications set out in this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (iiB) the Works shall be free of defects, including design defects, errors and omissions; and (iiiC) be new, of good quality material, of merchantable quality and fit for their intended purpose as described in the Project Agreement; and (ii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c)Period, Project Co shall promptly, at its sole cost and expense, (i) subject to Section 11.16(b)(ii), correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.16(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌; and (cii) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (dc) The warranties described set out in this Section 11.15 11.16 shall each cover labour and material, including, the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or any item of equipment called for elsewhere in the Schedule 15 - Output Specifications or otherwise provided by any manufacturer of such Product or item of equipment. Project Co shall ensure that all extended warranties specified in the Project Agreement are provided and shall, in the case of the New Third Party Infrastructure, assign to the third party owner of the New Third Party Infrastructure all such extended warranties as the third party owner may direct. (d) Project Co shall monitor the maintenance program of Contracting Authority throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Sections 24.5 and 25.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such Contracting Authority maintenance program and shall report promptly to Contracting Authority any deviations from such prescribed Maintenance Instructions. If Contracting Authority agrees with such reported deviations, Contracting Authority shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority does not agree with such reported deviations, Contracting Authority and Project Co agree to cooperate in good faith to resolve such disagreement and for Contracting Authority to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of equipment for the duration(s) and in accordance with the applicable requirements specified in the Schedule 15 - Output Specifications in the name of and to the benefit of both Project Co Co, Contracting Authority in the case of New Metrolinx Infrastructure, and Contracting Authoritythe applicable third party owner in the case of New Third Party Infrastructure. Where, in respect of a Product warranty or equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and equipment warranties extend for as long a period from the Interim Completion Date and the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and equipment warranties shall extend no less than two years from the Substantial Completion Dateapplicable Warranty Period. Each Product warranty and equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Interim Completion Date, with respect to the Interim Completion Works, and the Substantial Completion Date, with respect to the Remainder Works. Project Co shall ensure that each Product warranty and equipment warranty, including any Product warranty or equipment warranty extended under this Section 11.15(f11.16(e), is fully assigned to Contracting AuthorityAuthority or the third party owner of New Third Party Infrastructure, as applicable, at no cost or expense to Contracting AuthorityAuthority or the third party owner, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.17(a). (f) Contracting Authority may, in its sole discretion, assign the Project Co warranties set out in this Section 11.16 to the applicable third party owner of the New Third Party Infrastructure, and shall provide Notice to Project Co of any such assignment of Project Co warranties. On the commencement of the first Warranty Period for each of the New Metrolinx Infrastructure and the New Third Party Infrastructure, Project Co shall provide at least two copies of each of the compilations of warranty certificates, one compilation for each of the New Metrolinx Infrastructure and one compilation for each category of New Third Party Infrastructure, as categorized by ownership of the New Third Party Infrastructure. Project Co shall update all copies of each of the compilations from time to time as each Warranty Period commences. Each of the compilations shall indicate the start and completion date of each Project Co warranty. (g) Subject to Section 11.12, Project Co acknowledges that, (i) with respect to the New Metrolinx Infrastructure, Contracting Authority may, in its sole discretion; and (ii) with respect to the New Third Party Infrastructure, the applicable third party owner may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and Project Co agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During For a period from the Substantial Completion Date to one year following the Substantial Completion Date (the “Warranty Period Period”), and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authoritythe CTC’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective WorksWork. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority the CTC gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority the CTC may have, Contracting Authority the CTC may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Co. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authoritythe CTC, at no cost or expense to Contracting Authoritythe CTC, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b).

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During For a period from the Substantial Completion Date to one year following the Substantial Completion Date (the “Warranty Period Period”), and subject to Section 11.15(c11.14(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authoritythe College’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.14(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority the College gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario).Ontario).‌ (d) The warranties described in this Section 11.15 11.14 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b11.14(b) and 11.15(c11.14(c) and in the time period specified in Section 11.16(a11.15(a) or Section 11.16(b11.15(b), as applicable, without prejudice to any other right or remedy Contracting Authority the College may have, Contracting Authority the College may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Co. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable‌ manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f11.14(f), is fully assigned to Contracting Authoritythe College, at no cost or expense to Contracting Authoritythe College, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.14(b).

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the each Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to each Phase Completion Date, with respect to each applicable Phase of the Works, and the Substantial Completion Date. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the each Warranty Period, as such applicable Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b).

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During For a period from the first Substantial Completion Date to one year following the last Substantial Completion Date (the “Warranty Period Period”), and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authoritythe CTC’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective WorksWork. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority the CTC gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority the CTC may have, Contracting Authority the CTC may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Co. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authoritythe CTC, at no cost or expense to Contracting Authoritythe CTC, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b).

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall Works, including the New Metrolinx Infrastructure, the New Third Party Infrastructure, and all Products, parts and workmanship, including those replaced during the Warranty Period, shall, (A) conform to the requirements of and specifications set out in this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (iiB) the Works shall be free of defects, including design defects, errors and omissions; and (iiiC) be new, of good quality material, of merchantable quality and fit for their intended purpose as described in the Project Agreement; and (ii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c)Period, Project Co shall promptly, at its sole cost and expense, (i) subject to Section 11.16(b)(ii), correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any equipment during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.16(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌; and (cii) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (dc) The warranties described set out in this Section 11.15 11.16 shall each cover labour and material, including, the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or any item of equipment called for elsewhere in the Schedule 15 - Output Specifications or otherwise provided by any manufacturer of such Product or item of equipment. Project Co shall ensure that all extended warranties specified in the Project Agreement are provided and shall, in the case of the New Third Party Infrastructure, assign to the third party owner of the New Third Party Infrastructure all such extended warranties as the third party owner may direct. (d) Project Co shall monitor the maintenance program of Contracting Authority throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Sections 23.5 and 24.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such Contracting Authority maintenance program and shall report promptly to Contracting Authority any deviations from such prescribed Maintenance Instructions. If Contracting Authority agrees with such reported deviations, Contracting Authority shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority does not agree with such reported deviations, Contracting Authority and Project Co agree to cooperate in good faith to resolve such disagreement and for Contracting Authority to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If Contracting Authority and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of equipment for the duration(s) and in accordance with the applicable requirements specified in the Schedule 15 - Output Specifications in the name of and to the benefit of both Project Co Co, Contracting Authority in the case of New Metrolinx Infrastructure, and Contracting Authoritythe applicable third party owner in the case of New Third Party Infrastructure. Where, in respect of a Product warranty or equipment warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and equipment warranties extend for as long a period from the First Interim Completion Date, Second Interim Completion Date and the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and equipment warranties shall extend no less than two years from the Substantial Completion Dateapplicable Warranty Period. Each Product warranty and equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the First Interim Completion Date, with respect to the First Interim Completion Works, the Second Interim Completion Date, with respect to the Second Interim Completion Works, and the Substantial Completion Date, with respect to the Remainder Works. Project Co shall ensure that each Product warranty and equipment warranty, including any Product warranty or equipment warranty extended under this Section 11.15(f11.16(e), is fully assigned to Contracting AuthorityAuthority or the third party owner of New Third Party Infrastructure, as applicable, at no cost or expense to Contracting AuthorityAuthority or the third party owner, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.17(a). (f) Contracting Authority may, in its sole discretion, assign the Project Co warranties set out in this Section 11.16 to the applicable third party owner of the New Third Party Infrastructure, and shall provide Notice to Project Co of any such assignment of Project Co warranties. On the commencement of the first Warranty Period for each of the New Metrolinx Infrastructure and the New Third Party Infrastructure, Project Co shall provide at least two copies of each of the compilations of warranty certificates, one compilation for each of the New Metrolinx Infrastructure and one compilation for each category of New Third Party Infrastructure, as categorized by ownership of the New Third Party Infrastructure. Project Co shall update all copies of each of the compilations from time to time as each Warranty Period commences. Each of the compilations shall indicate the start and completion date of each Project Co warranty. (g) Subject to Section 11.12, Project Co acknowledges that, (i) with respect to the New Metrolinx Infrastructure, Contracting Authority may, in its sole discretion; and (ii) with respect to the New Third Party Infrastructure, the applicable third party owner may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and Project Co agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period and subject to Section 11.15(c11.16(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any Category 1 FF&E during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.16(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 11.16 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment Category 1 FF&E called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipment.item of Category 1 FF&E. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b11.16(b) and 11.15(c11.16(c) and in the time period specified in Section 11.16(a11.17(a) or Section 11.16(b11.17(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of Category 1 FF&E for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or Category 1 FF&E warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which and shall use commercially reasonable efforts to ensure that such Product warranties and Category 1 FF&E warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and Category 1 FF&E warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and Category 1 FF&E warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and Category 1 FF&E warranty, including any Product warranty or Category 1 FF&E warranty extended under this Section 11.15(f11.16(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.16(b). (g) Subject to Section 11.13, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) that the Works Works, including all Products, and in addition, all parts and workmanship replaced during an initial warranty period, shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law the Contract Documents in all respects and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defectsnew, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality material, of merchantable quality and fit for their intended purpose, as described in compliance with this Project Agreementthe Contract Documents, and free of defects in materials, equipment and workmanship. (b) During the Warranty Period and subject to Section 11.15(c11.17(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the WorksWorks in accordance with Sections 11.17, 11.18 and the Warranty Protocol. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product and any In-Contract Equipment during the applicable Warranty Period in accordance with Sections 11.17, 11.18 and the Warranty Protocol despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.17(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects in accordance with Sections 11.17, 11.18 and the Warranty Protocol during the applicable Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 11.17 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment In-Contract Equipment called for elsewhere in the Output Specifications Contract Documents or otherwise provided by any manufacturer of such Product or equipmentitem of In-Contract Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b11.17(b) and 11.15(c11.17(c) and in the time period specified in Section 11.16(a11.18(a) or Section 11.16(b11.18(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products and items of In-Contract Equipment for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications Contract Documents in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty or In-Contract Equipment warranty, the Output Specifications Contract Documents do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which Authority, and shall use commercially reasonable efforts to ensure that such Product warranties and In-Contract Equipment warranties extend for so long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties and In-Contract Equipment warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty and In-Contract Equipment warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty and In-Contract Equipment warranty, including any Product warranty or In-Contract Equipment warranty extended under this Section 11.15(f11.17(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.17(b). (g) Subject to Section 11.15, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants thatthat the Infrastructure, including, for greater certainty, all Equipment, parts and workmanship, including those replaced during the applicable Warranty Period, shall: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry PracticeRequirements, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of OntarioAlberta; (ii) the Works shall be free of defects, including design defects, errors and omissionsDeficiencies; and (iii) materials be comprised of material and equipment shall be Equipment that is new, of good quality, of merchantable quality and in compliance with this Project Agreementfit for its intended purpose. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising Deficiencies (whether patent or latent) discovered in respect of the WorksPhase 1 Infrastructure during the Phase 1 Warranty Period and all Deficiencies discovered in respect of the Infrastructure (other than the Phase 1 Infrastructure) during the Remaining Warranty Period. For greater certainty, Project Co is required to correct and Make Good Construction Defects Deficiencies related to any Product Equipment during the applicable Warranty Period despite notwithstanding Project Co having obtained on Contracting Authoritythe City’s behalf industry- standard or other equipment warranties Manufacturer Warranties in accordance with Section 11.15(f7.1(e). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌. (c) In addition to the obligation to Project Co shall promptly, at its sole cost and expense, correct and Make Good Construction Defects each Deficiency discovered during the applicable Latent Defect Warranty Period, Project Co shall at its expense correct that was not and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ Works the relevant Infrastructure prior to the expiry of the relevant Warranty Period (a “Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described set out in this Section 11.15 7.1 [Warranty Obligations] shall cover labour and materialmaterials, including, including the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or item of equipment Equipment called for elsewhere in the Output Specifications Project Requirements or otherwise provided by any manufacturer of such Product or equipmentitem of Equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each item of the Products Equipment (each, a “Manufacturer Warranty”): (i) for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. WhereRequirements; and (ii) where, in respect of a Product warrantyan item of Equipment, the Output Specifications Project Requirements do not specify a specific duration and/or other requirements, industry-standard warranties using commercially reasonable efforts to ensure that such Equipment warranties extend for as long a period from the Phase 1 Construction Completion Date or Construction Completion Date, as applicable, as can be obtained from the applicable manufacturer, but in any event for no less than two years, provided that, Project Co will not have breached this Section 7.1(e)(ii) provision if, having used commercially reasonable efforts, it is unable to obtain a warranty for such period, but Project Co’s warranty obligations under this Agreement will continue to apply in respect of such Equipment. Project Co shall obtain industry-standard warranties from the applicable manufacturers such Manufacturer Warranties in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from and, to the Substantial Completion Dateextent possible, the City. Each Product warranty Manufacturer Warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Phase 1 Construction Completion Date in respect of Manufacturer Warranties relating to Phase 1 Infrastructure and, otherwise, no later than 30 days prior to Construction Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), Manufacturer Warranty is fully assigned to Contracting Authoritythe City, at no cost or expense to Contracting Authoritythe City, at the end of the Warranty Period, as such Warranty Period period may be extended in accordance with Section 11.15(b).‌7.2(a). (f) On or before the Phase 1 Construction Completion Date, Project Co shall provide to the City at least two copies of the compilation of warranty certificates for the Phase 1 Infrastructure. Project Co shall update all copies of the compilation from time to time in respect of any extensions of the Warranty Period as each Warranty Period commences. The compilation shall indicate the start and completion date of each Project Co warranty. (g) On or before the Construction Completion Date, to the extent not previously provided pursuant to Section 7.1(f), Project Co shall provide to the City at least two copies of the compilation of warranty certificates for the Infrastructure other than the Phase 1 Infrastructure. Project Co shall update all copies of the compilation from time to time in respect of any extensions of the Warranty Period as each Warranty Period commences. The compilation shall indicate the start and completion date of each Project Co warranty. (h) Project Co acknowledges that the City may, in its sole discretion, maintain, repair and/or alter (or cause the Operator or any other City Person to maintain, repair or and/or alter) any part or parts of the Project Work during the Warranty Period and the Latent Defect Warranty Period, including the replacement of Equipment, and Project Co agrees that such work shall not affect any of the warranties (or any Manufacturer Warranty) provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Operating and Maintenance Manuals and that such work does not materially alter the affected part or parts of the Project Work. (i) Notwithstanding Sections 7.1(b) and 7.1(c), Project Co shall not be responsible for the repair, replacement or correction of any Deficiencies or any damage to the Infrastructure to the extent such Deficiencies or damage arise out of or result from any of the following causes: (i) improper operation or maintenance of the Infrastructure by the City and/or Operator; (ii) normal wear and tear; (iii) damage to the Infrastructure caused by environmental events (except to the extent caused by Project Co or Project Co Persons) or caused by Persons other than Project Co or Project Co Persons; and (iv) subject to Section 7.1(h), damage to the Infrastructure or work or modifications to the Infrastructure performed by the City or City Persons;

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During For a period from the Substantial Completion Date to one year following the Substantial Completion Date (the “Warranty Period Period”), and subject to Section 11.15(c11.14(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authoritythe College’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f11.14(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority the College gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 11.14 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b11.14(b) and 11.15(c11.14(c) and in the time period specified in Section 11.16(a11.15(a) or Section 11.16(b11.15(b), as applicable, without prejudice to any other right or remedy Contracting Authority the College may have, Contracting Authority the College may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Co. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f11.14(f), is fully assigned to Contracting Authoritythe College, at no cost or expense to Contracting Authoritythe College, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.14(b).

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the each Warranty Period Period, and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting AuthorityJBH’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority JBH gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentProduct. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority JBH may have, Contracting Authority JBH may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting AuthorityJBH. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which JBH and shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from each Phase Completion Date, the Tower Interim Completion Date and the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to each Phase Completion Date, with respect to each applicable Phase of the Works, the Tower Interim Completion Date, with respect to the Tower Interim Completion Works, and the Substantial Completion Date, with respect to the Remainder Works. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting AuthorityJBH, at no cost or expense to Contracting AuthorityJBH, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Project Co shall monitor the maintenance program of JBH throughout each and every Warranty Period to satisfy itself that the Works are being maintained in accordance with the operating and maintenance manuals described in Sections 23A.5, 23B.5 and 24.5 and the Maintenance Instructions provided by Project Co. Project Co shall report on the status of such JBH maintenance program and shall report promptly to JBH any deviations from such prescribed Maintenance Instructions. If JBH agrees with such reported deviations, JBH shall, on a reasonable and prompt basis, perform the work required to correct such deviations and, provided such work is carried out in accordance with Good Industry Practice and the Maintenance Instructions, such work shall not impact the applicable warranty provided by Project Co hereunder. If JBH does not agree with such reported deviations, JBH and Project Co agree to cooperate in good faith to resolve such disagreement and for JBH to then perform the agreed upon work (if any), which work, for clarity, shall not impact the applicable warranty provided by Project Co hereunder. If JBH and Project Co cannot resolve such disagreement, either Party may refer the matter for resolution in accordance with Schedule 27 – Dispute Resolution Procedure. (h) Subject to Section 11.13 and Section 11.15(g), Project Co acknowledges that JBH may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Maintenance Instructions and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co Design-Builder represents, warrants and covenants thatthat the Infrastructure, including, for greater certainty, all Equipment, parts and workmanship, including those replaced during the applicable Warranty Period, shall: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry PracticeRequirements, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of OntarioAlberta; (ii) the Works shall be free of defects, including design defects, errors and omissionsDeficiencies; and (iii) materials be comprised of material and equipment shall be Equipment that is new, of good quality, of merchantable quality and fit for its intended purpose, except to the extent that material or Equipment has been prescribed in compliance with this Project Agreementthe Design and Construction Requirements. (b) During the Warranty Period and subject to Section 11.15(c), Project Co Design-Builder shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising Deficiencies (whether patent or latent) discovered in respect of the WorksInfrastructure during the Warranty Period. For greater certainty, Project Co Design-Builder is required to correct and Make Good Construction Defects Deficiencies related to any Product Equipment during the applicable Warranty Period despite Project Co notwithstanding Design-Builder having obtained on Contracting Authoritythe City’s behalf industry- standard or other equipment warranties Manufacturer Warranties in accordance with Section 11.15(f6.1(d). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described set out in this Section 11.15 6.1 [Warranty Obligations] shall cover labour and materialmaterials, including, including the costs of removal and replacement of covering materials. The None of the warranties shall not limit extended warranties on any Product or item of equipment Equipment called for elsewhere in the Output Specifications Project Requirements or otherwise provided by any manufacturer of such Product or equipmentitem of Equipment. (ed) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co Design-Builder shall obtain warranties from the manufacturers of each item of the Products Equipment (each, a “Manufacturer Warranty”): (i) for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. WhereRequirements; and (ii) where, in respect of a Product warrantyan item of Equipment, the Output Specifications Project Requirements do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties using commercially reasonable efforts to ensure that such Equipment warranties extend for as long a period from the Construction Completion Date, as can be obtained from the applicable manufacturers manufacturer, but in any event for no less than two years, provided that, Design-Builder will not have breached this Section 6.1.(e)(ii) provision if, having used commercially reasonable efforts, it is unable to obtain a warranty for such period, but Design-Builder’s warranty obligations under this Agreement will continue to apply in respect of such Equipment. Design-Builder shall obtain such Manufacturer Warranties in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from Design-Builder and, to the Substantial Completion Dateextent possible, the City. Each Product warranty Manufacturer Warranty shall be issued by the applicable manufacturer and delivered to Project Co Design-Builder no later than 30 days prior to the Substantial Construction Completion Date. Project Co Design-Builder shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), Manufacturer Warranty is fully assigned to Contracting Authoritythe City, at no cost or expense to Contracting Authoritythe City, at the end of the Warranty Period, as such Warranty Period period may be extended in accordance with Section 11.15(b).‌6.2(a). (e) On or before the Construction Completion Date, Design-Builder shall provide to the City at least two copies of the compilation of warranty certificates for the Infrastructure. Design-Builder shall update all copies of the compilation from time to time in respect of any extensions of the Warranty Period as each Warranty Period commences. The compilation shall indicate the start and completion date of each Design-Builder warranty. (f) Design-Builder acknowledges that the City may, in its sole discretion, maintain, repair and/or alter (or cause any other City Person to maintain, repair or and/or alter) any part or parts of the Project Work during the Warranty Period, including the replacement of Equipment, and Design-Builder agrees that such work shall not affect any of the warranties (or any Manufacturer Warranty) provided by Design-Builder hereunder, provided that such work is carried out in accordance with Good Industry Practice and, if applicable, the Operating and Maintenance Manuals and that such work does not materially alter the affected part or parts of the Project Work. (g) Notwithstanding Sections 6.1(b), Design-Builder shall not be responsible for the repair, replacement or correction of any Deficiencies or any damage to the Infrastructure to the extent such Deficiencies or damage arise out of or result from any of the following causes: (i) improper operation or maintenance of the Infrastructure by the City or City Persons; (ii) normal wear and tear; (iii) damage to the Infrastructure caused by Persons other than Design-Builder or Design-Builder Persons; and (iv) subject to Section 6.1(f), damage to the Infrastructure or work or modifications to the Infrastructure performed by the City or City Persons;

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During For a period from the Substantial Completion Date to one year following the Substantial Completion Date (the “Warranty Period Period”), and subject to Section 11.15(c), Project Co shall promptlyshall, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authoritythe College’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective WorksWork. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority the College gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority the College may have, Contracting Authority the College may correct such Construction Defects or Construction Latent Defects Defect at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Co. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall use commercially reasonable efforts to ensure that such Product warranties extend for as long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f11.16(f), is fully assigned to Contracting Authoritythe College, at no cost or expense to Contracting Authoritythe College, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) During the Warranty Period, Project Co shall provide the Enhanced Warranty Period Services.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During Any deficiency, defect or error in the Works or non-compliance with the requirements of this Project Agreement, including the structural, mechanical, electrical and other performance standards set out in the Output Specifications, shall collectively be referred to as a “Construction Defect”. (c) For a period of three years from the Substantial Completion Date (the “Warranty Period and subject to Section 11.15(cPeriod”), Project Co shall promptly, at its sole own cost and expense, expense correct and Make Good make good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defectsdeficient, defective and non-compliant Works completed within the initial Warranty Period, the applicable Warranty Period shall be extended for a further in respect of such corrected Works until the date that is the later of (i) the initial Warranty Period; and (ii) the date that is two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌correction. (cd) In addition to the obligation to correct and Make Good make good Construction Defects during the Warranty Period, Project Co shall at its own cost and expense correct and Make Good make good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority HMQ gives Project Co written Notice notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (de) In addition, Project Co shall comply with the warranty requirements in respect of those items listed in Section 9.0(a) of Part 1 of Part 15-2 of Schedule 15 – Output Specifications. Notwithstanding any provision in the Project Agreement, Project Co’s obligations under this Section 11.29(e) shall survive the termination of this Project Agreement and shall continue until the end of the warranty period specified in respect of such items listed in Section 9.0(a) of Part 1 of Part 15-2 of Schedule 15 – Output Specifications. (f) The warranties described in this Section 11.15 11.29 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item items of equipment or material called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product equipment or equipmentmaterial. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario).Ontario).‌ (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌ (g) Intentionally deleted. (h) Subject to Section 11.12, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- industry-standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years one year from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a the Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌ (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent competent‌ person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipmentProduct. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which Authority, and shall use commercially reasonable efforts to ensure that such Product warranties extend for so long a period from the Substantial Completion Date as can be obtained from the applicable manufacturer, but in any event such Product warranties shall extend no less than two years one year from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌ (g) Subject to Section 11.13, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.

Warranty Obligations. ‌ (a) Project Co represents, warrants and covenants that: (i) the Works shall conform to the requirements of this Project Agreement, Good Industry Practice, Applicable Law and all professional engineering principles generally accepted as standards of the industry in the Province of Ontario; (ii) the Works shall be free of defects, including design defects, errors and omissions; and (iii) materials and equipment shall be of good quality and in compliance with this Project Agreement. (b) During the Warranty Period and subject to Section 11.15(c), Project Co shall promptly, at its sole cost and expense, correct and Make Good all Construction Defects arising in respect of the Works. For greater certainty, Project Co is required to correct and Make Good Construction Defects related to any Product during the applicable Warranty Period despite Project Co having obtained on Contracting Authority’s behalf industry- standard or other equipment warranties in accordance with Section 11.15(f). For all work to correct Construction Defects, the applicable Warranty Period shall be extended for a further two years from the date of the last work completed in respect of such corrective Works. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Construction Defect and not the Works as a whole.‌whole. (c) In addition to the obligation to correct and Make Good Construction Defects during the Warranty Period, Project Co shall at its expense correct and Make Good any Construction Defects that could not reasonably have been ascertained by a competent person in accordance with Good Industry Practice during a visual inspection of the‌ the Works (“Construction Latent Defect”), provided Contracting Authority gives Project Co written Notice of the Construction Latent Defect within the time frame applicable to such Construction Latent Defect pursuant to the Limitations Act, 2002 (Ontario). (d) The warranties described in this Section 11.15 shall cover labour and material, including, the costs of removal and replacement of covering materials. The warranties shall not limit extended warranties on any Product or item of equipment called for elsewhere in the Output Specifications or otherwise provided by any manufacturer of such Product or equipment. (e) If Project Co fails to correct and Make Good any Construction Defects or Construction Latent Defects in accordance with Sections 11.15(b) and 11.15(c) and in the time period specified in Section 11.16(a) or Section 11.16(b), as applicable, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority may correct such Construction Defects or Construction Latent Defects at Project Co’s sole cost and expense. (f) Project Co shall obtain warranties from the manufacturers of each of the Products for the duration(s) and in accordance with the applicable requirements specified in the Output Specifications in the name of and to the benefit of both Project Co and Contracting Authority. Where, in respect of a Product warranty, the Output Specifications do not specify a specific duration and/or other requirements, Project Co shall obtain industry-standard warranties from the applicable manufacturers in the name of and to the benefit of Project Co and Contracting Authority which shall extend no less than two years from the Substantial Completion Date. Each Product warranty shall be issued by the applicable manufacturer and delivered to Project Co no later than 30 days prior to the Substantial Completion Date. Project Co shall ensure that each Product warranty, including any Product warranty extended under this Section 11.15(f), is fully assigned to Contracting Authority, at no cost or expense to Contracting Authority, at the end of the Warranty Period, as such Warranty Period may be extended in accordance with Section 11.15(b).‌11.15(b). (g) Intentionally deleted. (h) Subject to Section 11.12, Project Co acknowledges that Contracting Authority may, in its sole discretion, maintain, repair and/or alter any part or parts of the Works during the applicable Warranty Period and agrees that such work shall not impact any of the warranties provided by Project Co hereunder, provided that such work is carried out in accordance with Good Industry Practice and that such work does not materially alter the affected part or parts of the Works.