Limitation on Payment of Funds. Despite section A4.1:
(a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2;
(b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project;
(c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.1; or
(d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the Recipient, change the Project; or
(ii) terminate the Agreement pursuant to section A12.1.
Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided):
(a) in addition to any other limitation under the Agreement on the payment of Funds, the Province is not obligated to provide:
(i) any Funds to the Recipient until the Recipient fulfils the special conditions listed in section A.31.1 (Special Conditions); and
(ii) any Funds to the Recipient until the Province and Canada are satisfied with the progress of the Project;
(b) the Province, at its sole discretion, may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.2 (Preparation and Submission); and
(c) any payment of Funds is subject to:
(i) the requirements of the Financial Administration Act (Ontario), including the availability of an appropriation by the Ontario Legislature that is sufficient and constitutes lawful authority for the payment;
(ii) ministerial funding levels in respect of transfer payments, the program under which the Agreement was made, or otherwise that are sufficient for the payment; and
(iii) Canada’s payment of funds to the Province, pursuant to the Bilateral Agreement, that are sufficient for the payment. The Province, at its sole discretion, may reduce or cancel any amount of Funds or terminate the Agreement in response to a reduction or lack of federal or provincial government appropriation, ministerial funding levels, or Canada’s payment of funds. Notwithstanding Article A.9.0 (Limitation of Liability and Indemnity), the Province will not be liable for any direct, indirect, consequential, exemplary, or punitive damages, regardless of the form of action, whether in contract or in tort (including negligence) or otherwise, arising from any reduction or cancellation of Funds. If any changes to the Agreement, including changes in respect of the Project, are required as a result, the Parties agree to amend the Agreement accordingly.
Limitation on Payment of Funds. Despite section A4.1 (Funds Provided):
(a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of the Agreement by the Recipient by municipal by-law; and
(b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2 (Preparation and Submission).
Limitation on Payment of Funds. Despite section 5.01 and pursuant to the provisions of the Financial Administration Act (Ontario), if the Board does not receive the necessary appropriation from the Ontario Legislature for payment under the Contract, the Board is not obligated to make any such payment, and, as a consequence, the Board may terminate the Contract pursuant to section 9.03.
Limitation on Payment of Funds. Despite Section A4.1:
(a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to Section A10.2;
(b) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the SBEC Program;
(c) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to Section A7.1;
(d) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the Recipient, change the SBEC Program; or
(ii) terminate the Agreement pursuant to Section A12.1;
(e) If the Recipient is a municipality, the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law.
Limitation on Payment of Funds. Despite section A4.1:
(a) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides evidence satisfactory to the Province that the Recipient’s council has authorized the execution of this Agreement by the Recipient by municipal by-law;
(b) the Province is not obligated to provide any Funds to the Recipient until the Recipient provides the certificates of insurance or other proof as the Province may request pursuant to section A10.2;
(c) the Province is not obligated to provide instalments of Funds until it is satisfied with the progress of the Project; and
(d) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A7.2.
Limitation on Payment of Funds. Despite section A3.1
Limitation on Payment of Funds. Despite section A4.1 (Funds Provided):
(a) in addition to any other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide any Funds to the Recipient unless the Recipient fulfils the special conditions listed in section A27.1 (Special Conditions);
(b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of one or more of the following events:
(i) of the information the Recipient provides to the Province pursuant to section A7.2 (Preparation and Submission); and
(ii) the SRA Phase 1 Contribution funding provided to the Recipient exceeds the additional municipal transit expenses the Recipient incurred, as a result of the COVID-19 pandemic, on or after April 1, 2020 and on or before September 30, 2020.
Limitation on Payment of Funds. Despite section A.4.1 (Funds Provided):
(a) in addition to the other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide:
(i) any Funds to the Recipient until the Recipient fulfils all of the special conditions listed in section A.33.1 (Special Conditions); and
(ii) any instalment of Funds unless the Province and Canada are satisfied with the progress of the Project; and
(b) the Province may adjust the amount of Funds it provides to the Recipient in any Funding Year based upon the Province’s assessment of the information the Recipient provides to the Province pursuant to section A.7.1 (Preparation and Submission); and
(c) if, pursuant to the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature or, under the Bilateral Agreement, funds from Canada for any payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may:
(i) reduce the amount of Funds and, in consultation with the Recipient, change the Project or Budget, or both; or
(ii) terminate the Agreement pursuant to section A.13.1 (Termination Where No Appropriation or Funds from Canada).
Limitation on Payment of Funds. Despite section A4.1 (Funds Provided):
(a) in addition to any other limitations under the Agreement on the payment of Funds by the Province, the Province is not obligated to provide any Funds to the Recipient unless the Recipient fulfils the special conditions listed in section A27.1 (Special Conditions); and
(b) the Province may adjust the amount of Funds it provides to the Recipient based upon the Province’s assessment of one or more of the following:
(i) the information the Recipient provides to the Province pursuant to this Agreement and the Guidelines; and
(ii) the SRA Phase 3 Contribution funding provided to the Recipient exceeds the financial impacts the Recipient incurred, as a result of the COVID-19 pandemic, beginning from April 1, 2021 to December 31, 2021, inclusive.
