Common use of Warranty Work and Prompt Repair of Warranty Work Clause in Contracts

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Work, including correction of Deficiencies and Construction Latent Defects, to satisfy the warranties provided pursuant to this Section 7 [Warranty], and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be), and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Event, a Force Majeure Event, a Change or additional compensation or damages. Each Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City in respect of the Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work as a whole. (b) Project Co acknowledges and agrees that the timely performance of Warranty Work is critical to the ability of the City to maintain effective operations of the Valley Line LRT. Project Co shall use commercially reasonable efforts to respond to any requirement by the City to perform Warranty Work within the time periods required by the City to perform the Warranty Work for the Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the City, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by the City to accommodate the operation of the Valley Line LRT or other aspects of the Infrastructure as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by the City to Project Co. (c) Project Co acknowledges and agrees that if the City is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether the Warranty Work is of an urgent nature), the City may take such steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defects, Deficiencies or failures to comply with the Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by the City’s own forces or by third parties engaged by the City, but subject to Section 7.1(h), such steps taken by the City’s own forces or by third parties engaged by the City, as applicable, shall not invalidate any Project Co warranties. (d) Project Co acknowledges and agrees that all safety requirements set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]. (e) Subject to Section 14.4(b) the warranties set out in this Section 7 [Warranty] shall not deprive the City of any action, right or remedy otherwise available to the City at law or in equity, and the periods referred to in this Section 7 [Warranty], shall not be construed as a limitation on the time in which the City may pursue such other action, right or remedy. (f) Neither test results, nor selection or approval by the City or the City’s Representative of testing entities, nor any other thing in this Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereof.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to Section 11.18 and this Section 7 [Warranty]11.19, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owners to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure, the Existing Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, (i) Contracting Authority with respect to the City New Metrolinx Infrastructure; or (ii) the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.19(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.18, and in the time specified in Section 11.19(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Letter of Credit to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, as set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law15 – Output Specifications, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.18 and 11.19. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. Without limiting Project Co's obligation to carry out the Warranty Work, if Project Co, (i) has made commercially reasonable efforts to access New Third Party Infrastructure for the purpose of carrying out Warranty Work and is otherwise in compliance with all of Project Co's obligations pursuant to the Project Agreement; and (ii) is denied access to all or a portion of the Third Party Infrastructure such that Project Co is unable to perform the Warranty Work, then Project Co shall refer the matter to Contracting Authority and, during the period in which Project Co is denied access to the applicable Third Party Infrastructure only, Contracting Authority shall not draw down on the Warranty Letter of Credit or the Warranty Cash Amount for Project Co's failure to perform Warranty Work on that portion of the New Third Party Infrastructure. (g) The warranties set out in this Section 7 [Warranty] Sections 11.18 and 11.19 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.19, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co Design-Builder shall carry out all Project Work, including correction of Deficiencies and Construction Latent DefectsDeficiencies, to satisfy the warranties provided pursuant to this Section 7 6 [Warranty], and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co Design-Builder shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project CoDesign-Builder’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Event, a Force Majeure Event, a Change or additional compensation or damages. Each The Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City in respect of the Infrastructure, provided that the maximum aggregate length of all the Warranty Periods Period shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work as a whole. (b) Project Co Design-Builder acknowledges and agrees that the timely performance of Warranty Work is critical to the ability of the City to maintain effective operations of the Valley Capital Line LRT. Project Co Design-Builder shall use commercially reasonable efforts to respond to any requirement by the City to perform Warranty Work within the time periods required by the City to perform the Warranty Work for the Infrastructure. Project Co Design-Builder shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the City, which may require work outside normal working hours at Project CoDesign-Builder’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by the City to accommodate the operation of the Valley Capital Line LRT or other aspects of the Infrastructure as constructed, shall be at Project CoDesign-Builder’s sole cost and expense. In relation to critical areas required for effective operations, Project Co Design-Builder shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by the City to Project Co.Design-Builder. (c) Project Co Design-Builder acknowledges and agrees that if the City is unable to contact Project Co Design- Builder and/or obtain the performance of the Warranty Work promptly (having regard to whether the Warranty Work is of an urgent nature), the City may take such steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defects, Deficiencies or failures to comply with the Agreement, at Project CoDesign-Builder’s sole cost and expense. Except in the case of damage caused by the City’s own forces or by third parties engaged by the City, but subject to Section 7.1(h6.1(f), such steps taken by the City’s own forces or by third parties engaged by the City, as applicable, shall not invalidate any Project Co Design-Builder warranties. (d) Project Co Design-Builder acknowledges and agrees that all safety requirements set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator City (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law, apply to Project CoDesign-Builder’s performance of its obligations in accordance with this Section 7 6 [Warranty]. (e) Subject to Section 14.4(b13.4(b) the warranties set out in this Section 7 6 [Warranty] shall not deprive the City of any action, right or remedy otherwise available to the City at law or in equity, and the periods referred to in this Section 7 6 [Warranty], shall not be construed as a limitation on the time in which the City may pursue such other action, right or remedy. (f) Neither test results, nor selection or approval by the City or the City’s Representative of testing entities, nor any other thing provision in this Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 6 [Warranty] or any other document or material forming part of this Agreement and, where Project Co Design-Builder has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project CoDesign-Builder’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereof.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to Section 11.16 and this Section 7 [Warranty]11.17, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty WorkWork ”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further one year in respect of Warranty Work relating to Remaining Works, and two years in respect of all other Warranty Work, in each case from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owners to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure, the Existing Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, (i) Contracting Authority with respect to the City New Metrolinx Infrastructure; or (ii) the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.17(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.16, and in the time specified in Section 11.17(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Letter of Credit (in respect of a failure to carry out Warranty Work not relating to the Remaining Works) or the Remaining Works Warranty Letter of Credit (in respect of a failure to carry out Warranty Work relating to the Remaining Works) to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, as set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law15 – Output Specifications, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.16 and 11.17. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. If, after making commercially reasonable efforts and otherwise complying with its obligations pursuant to this Project Agreement, Project Co is unable to obtain access to the New Third Party Infrastructure other than New MTO Infrastructure, Project Co shall refer the matter to Contracting Authority. (g) the The warranties set out in this Section 7 [Warranty] Sections 11.16 and 11.17 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.17, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to Section 11.18 and this Section 7 [Warranty]11.19, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owners to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure, the Existing Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, (i) Contracting Authority with respect to the City New Metrolinx Infrastructure; or (ii) the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.19(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.18, and in the time specified in Section 11.19(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Period Security to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, as set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law15 – Output Specifications, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.18 and 11.19. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. Without limiting Project Co's obligation to carry out the Warranty Work, if Project Co, (i) has made commercially reasonable efforts to access New Third Party Infrastructure for the purpose of carrying out Warranty Work and is otherwise in compliance with all of Project Co's obligations pursuant to the Project Agreement; and (ii) is denied access to all or a portion of the Third Party Infrastructure such that Project Co is unable to perform the Warranty Work, then Project Co shall refer the matter to Contracting Authority and, during the period in which Project Co is denied access to the applicable Third Party Infrastructure only, Contracting Authority shall not draw down on the Warranty Period Letter of Credit or the Warranty Period Cash Amount for Project Co's failure to perform Warranty Work on that portion of the New Third Party Infrastructure. (g) The warranties set out in this Section 7 [Warranty] Sections 11.18 and 11.19 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.19, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project DB Co shall carry out all Project Warranty Work, including correction , (i) in respect of Deficiencies and Construction Latent Defects, to satisfy the warranties provided pursuant to this Section 7 [Warranty], and in accordance with the applicable Warranty Period or Latent Defect Warranty Period East Works (as the case may be), and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectivelywork, the “East Warranty Work”); (ii) in respect of the West Works (such work, the “West Warranty Work”); and (iii) in respect of the Remaining Works (such work, the “Remaining Works Warranty Work”). All Warranty Work shall be carried out and completed at Project DB Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further one year in respect of Remaining Works Warranty Work, and two years in respect of all other Warranty Work, in each case from the date of the last such Warranty Work is completed and accepted by the City in respect of the InfrastructureNew City Infrastructure or any component thereof, provided that and by the maximum aggregate length MTO in respect of all Warranty Periods shall be five (5) years from the Construction Completion DateNew MTO Infrastructure or any component thereof. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole, and in no event shall a Warranty Period be extended for a period in excess of two years following the expiry of the initial Warranty Period. (b) Project DB Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City to maintain effective operations of the Valley Line LRTNew City Infrastructure, and to the ability of the MTO to maintain effective operations of the New MTO Infrastructure. Project DB Co shall use commercially reasonable efforts to respond to any requirement by the City or the MTO to perform Warranty Work within the reasonable time periods required by the City or the MTO to perform the Warranty Work for the New City Infrastructure or the New MTO Infrastructure, or, where applicable, within such time periods as required in a Warranty Request under the Warranty Protocol. Project Except where the Warranty Protocol imposes a specific additional obligation, DB Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityCity or MTO, as applicable, which may require work outside normal working hours at Project DB Co’s expense. Any extraordinary measures required to complete such Warranty Work, as reasonably directed by the City or the MTO to accommodate the operation of the Valley Line LRT New City Infrastructure, the New MTO Infrastructure, the Existing Infrastructure, the Stage 1 Connection Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project DB Co’s sole cost and expense. In relation to critical areas required for effective operations, Project DB Co shall commence, carry out and complete all Warranty Work on an urgent basis with all due hastebasis, as is reasonable having regard to the nature of the Warranty Work, taking into account the circumstances and any timelines for commencement and completion as may be communicated by the City, with respect to the New City Infrastructure, or the MTO, with respect to Project the New MTO Infrastructure, to DB Co. (c) Project DB Co acknowledges and agrees that if if, (i) subject to the Warranty Protocol, the City with respect to the New City Infrastructure; or (ii) the MTO with respect to the New MTO Infrastructure, is unable to contact Project DB Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period specified in accordance with Section 11.17(b), the City and the MTO, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project DB Co’s sole cost and expense. Except in the case of damage caused by the City’s or the MTO’s own forces forces, or by third parties engaged by the City, but subject to Section 7.1(h)where such emergency steps are not performed in accordance with Good Industry Practice or applicable Maintenance Instructions, such emergency steps taken by the City’s or the MTO’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project DB Co warrantieswarranties in respect of the Works. (d) Project If DB Co fails to carry out Warranty Work in accordance with Section 11.16(b), and in the time specified in Section 11.17(b) or subsequently agreed upon, without prejudice to any other right or remedy the City may have, the City and the MTO, as applicable, may perform such Warranty Work at the sole risk, cost and expense of DB Co and may draw down on the relevant Warranty Letter of Credit to fund or as reimbursement for such costs and expenses. (e) DB Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, as set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law15 – Output Specifications, apply to Project DB Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.16(b) and 11.17. (ef) Subject DB Co shall be solely responsible for obtaining access from MTO for the purpose of carrying out Warranty Work. DB Co acknowledges that such access to Section 14.4(bthe New MTO Infrastructure may be subject to such limitations as may be imposed by MTO, and that DB Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New MTO Infrastructure for the purpose of carrying out Warranty Work. If, after making commercially reasonable efforts and otherwise complying with its obligations pursuant to this Project Agreement, DB Co is unable to obtain access to the New MTO Infrastructure, DB Co shall refer the matter to the City, and if City is unable to facilitate access to the New MTO Infrastructure in a timely manner, DB Co shall be excused from its obligations to carry out such Warranty Work. (g) the The warranties set out in this Section 7 [Warranty] Sections 11.16(b) and 11.17 shall not deprive the City or the MTO of any action, right or remedy otherwise available to the City or the MTO at law or in equity, and the periods referred to in this Section 7 [Warranty], 11.17 shall not be construed as a limitation on the time in which the City or the MTO may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City or the City’s City Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement andthe Project Agreement. (i) DB Co's aggregate maximum liability in respect of or relating to Warranty Work (including Remaining Works Warranty Work) shall be limited to the amount of the limitation on liability under the Performance Guarantee of Construction Contractor. This limitation on liability shall include, where Project Co has failed and be applicable to, (i) all costs incurred by or on behalf of the City or MTO to perform the Warranty Work and Work, (ii) all liquidated damages payable by DB Co to the City is entitled pursuant to perform such Warranty Work itself or using Section 11.17A, (iii) all Defect Rectification Costs and Direct Losses payable by DB Co to RTG under the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofInterface Agreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to this Section 7 [Warranty]11.17, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owner to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, Contracting Authority with respect to the City New Metrolinx Infrastructure; or the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.17(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.16, and in the time specified in Section 11.17(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Letter of Credit to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, all as set out in Schedule 11 [Construction Safety Requirements], 15 – Output Specifications and any LRT rules Schedule 34 – Rail Corridor Access and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable LawFlagging, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.16 and 11.17. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. If, after making commercially reasonable efforts and otherwise complying with its obligations pursuant to this Project Agreement, Project Co is unable to obtain access to the New Third Party Infrastructure, Project Co shall refer the matter to Contracting Authority. (g) the The warranties set out in this Section 7 [Warranty] Sections 11.16 and 11.17 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.17, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to this Section 7 [Warranty]11.17, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owner to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, (i) Contracting Authority with respect to the City New Metrolinx Infrastructure; or (ii) the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.17(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.16, and in the time specified in Section 11.17(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Letter of Credit to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, all as set out in Schedule 11 [Construction Safety Requirements], 15 – Output Specifications and any LRT rules Schedule 34 – Rail Corridor Access and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable LawFlagging, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.16 and 11.17. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. If, after making commercially reasonable efforts and otherwise complying with its obligations pursuant to this Project Agreement, Project Co is unable to obtain access to the New Third Party Infrastructure, Project Co shall refer the matter to Contracting Authority. (g) the The warranties set out in this Section 7 [Warranty] Sections 11.16 and 11.17 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.17, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.

Warranty Work and Prompt Repair of Warranty Work. (a) Project Co shall carry out all Project Workwork, including correction of Deficiencies correcting Construction Defects and Construction Latent Defects, to satisfy the warranties provided pursuant to this Section 7 [Warranty]11.17, and in accordance with the applicable Warranty Period or Latent Defect Warranty Period (as the case may be)Period, and Project Co shall also Make Good any damage to other works caused by the repairing of such defects, deficiencies, or failures to comply (collectively, the “Warranty Work”). All Warranty Work shall be carried out and completed at Project Co’s sole cost and expense and Warranty Work shall not be the basis of a claim for a Relief Delay Event, a Force Majeure Compensation Event, a Change or Variation, additional compensation or damages. Each The applicable Warranty Period shall be extended for a further two years from the date of the last Warranty Work completed and accepted by the City Contracting Authority in respect of the New Metrolinx Infrastructure and by the applicable third party owner in respect of the New Third Party Infrastructure, provided that the maximum aggregate length of all Warranty Periods shall be five (5) years from the Construction Completion Date. For clarity, any extension of a Warranty Period for the purposes of a correction shall only apply to the relevant Warranty Work and not the Project Work Works as a whole. (b) Project Co acknowledges and agrees that that, the timely performance of Warranty Work is critical to the ability of the City Contracting Authority to maintain effective operations of the Valley Line LRTNew Metrolinx Infrastructure, and to the ability of the third party owner to maintain effective operations of the New Third Party Infrastructure. Project Co shall use commercially reasonable efforts to respond to any requirement by Contracting Authority or the City third party owner to perform Warranty Work within the time periods required by Contracting Authority or the City third party owner to perform the Warranty Work for the New Metrolinx Infrastructure or the New Third Party Infrastructure. Project Co shall commence and complete Warranty Work as expeditiously as possible and at times convenient to the CityContracting Authority, which may require work outside normal working hours at Project Co’s expense. Any extraordinary measures required to complete such Warranty Work, as directed by Contracting Authority or the City applicable third party to accommodate the operation of the Valley Line LRT New Metrolinx Infrastructure, the New Third Party Infrastructure or other aspects of the Infrastructure Project as constructed, shall be at Project Co’s sole cost and expense. In relation to critical areas required for effective operations, Project Co shall commence, carry out and complete Warranty Work on an urgent basis with all due haste, taking into account the circumstances and any timelines for commencement and completion as may be communicated by Contracting Authority, with respect to the City New Metrolinx Infrastructure, or the third party owner, with respect to the New Third Party Infrastructure, to Project Co. (c) Project Co acknowledges and agrees that if if, (i) Contracting Authority with respect to the City New Metrolinx Infrastructure; or (ii) the third party owner of the New Third Party Infrastructure, is unable to contact Project Co and/or obtain the performance of the Warranty Work promptly (having regard to whether promptly, or, in the case of urgent Warranty Work is of an urgent naturewithin the time period set out in Section 11.17(b), Contracting Authority and the City applicable third party owner, as applicable, may take such emergency steps as are reasonable and appropriate (including the engagement of third parties or the use of the City’s own forces) to correct any Construction Latent Defectsdefects, Deficiencies deficiencies or failures to comply with the Project Agreement, at Project Co’s sole cost and expense. Except in the case of damage caused by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the City, but subject to Section 7.1(h)forces, such emergency steps taken by Contracting Authority’s or the Citythird party owner’s own forces or by third parties engaged by the Cityforces, as applicable, shall not invalidate any Project Co warrantieswarranties in respect of the Works. (d) If Project Co fails to carry out the Warranty Work in accordance with Section 11.16, and in the time specified in Section 11.17(b) or subsequently agreed upon, without prejudice to any other right or remedy Contracting Authority may have, Contracting Authority and the third party owner, as applicable, may correct the Works at the sole risk, cost and expense of Project Co and may draw down on the Warranty Letter of Credit to fund or as reimbursement for such costs and expenses. (e) Project Co acknowledges and agrees that all rules, requirements and restrictions relating to access, rail safety requirements and operations and track protection, all as set out in Schedule 11 [Construction Safety Requirements], and any LRT rules and standard operating procedures established by the Operator (provided such rules and operating procedures are generally consistent with standard industry practice in respect of Canadian LRTs) or otherwise required pursuant to Applicable Law15 – Output Specifications, apply to Project Co’s performance of its obligations in accordance with this Section 7 [Warranty]Sections 11.16 and 11.17. (ef) Subject After the Handover of the New Third Party Infrastructure, Project Co shall be solely responsible for obtaining access from the applicable third party for the purpose of carrying out Warranty Work. Project Co acknowledges that such access to Section 14.4(bthe New Third Party Infrastructure may be subject to such limitations as may be imposed by the applicable third party owner, and that Project Co may be required to obtain a Permit, Licence, Approval or Agreement to access the New Third Party Infrastructure for the purpose of carrying out Warranty Work. If, after making commercially reasonable efforts and otherwise complying with its obligations pursuant to this Project Agreement, Project Co is unable to obtain access to the New Third Party Infrastructure, Project Co shall refer the matter to Contracting Authority. (g) the The warranties set out in this Section 7 [Warranty] Sections 11.16 and 11.17 shall not deprive the City Contracting Authority or any third party owner of New Third Party Infrastructure of any action, right or remedy otherwise available to Contracting Authority or the City third party owner at law or in equity, and the periods referred to in this Section 7 [Warranty]11.17, shall not be construed as a limitation on the time in which Contracting Authority or the City third party owner may pursue such other action, right or remedy. (fh) Neither test results, nor selection or approval by the City Contracting Authority or the City’s Contracting Authority Representative of testing entities, nor any other thing in this the Project Agreement shall have the effect of limiting or shortening or otherwise affecting in any way whatsoever the duration, effectiveness or content of any guarantee or warranty set forth in this Section 7 [Warranty] or any other document or material forming part of this Agreement and, where the Project Co has failed to perform Warranty Work and the City is entitled to perform such Warranty Work itself or using the City’s own forces and at Project Co’s cost, the City may, at any time and from time to time, fund the cost of completing such Warranty Work by drawing against the Performance Letter of Credit subject to the terms thereofAgreement.