Common use of Access to Lands Clause in Contracts

Access to Lands. (a) Subject to this Section 16 and the provisions of Schedule 20 – Lands, including any restrictions on the use and access to the Lands set out Schedule 20 – Lands, the City shall grant or have caused to be granted, and shall continuously grant or cause to be granted, to DB Co and all DB Co Parties non-exclusive licence rights of use and access to, on and over the Lands, except such rights set out as a DB Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Schedule 35 – Permits, Licences, Approvals and Agreements, as are required by DB Co and such DB Co Parties and sufficient (subject to DB Co performing its obligations described in the Permits, Licences, Approvals and Agreements tables attached as Schedule 35 – Permits, Licences, Approvals and Agreements and subject to the timing and extent of the grant of use and access to the Lands set out in Schedule 20 – Lands) to allow DB Co and such DB Co Parties to perform that part of the Works to be performed on Lands. The rights granted to DB Co pursuant to this Section 16.1(a) shall be effective on the later of, (i) the date of Financial Close; and (ii) the commencement date for access to individual parcels of lands that comprise the Lands as set out in Schedule 20 – Lands. (b) Subject to DB Co’s obligation to comply with the other terms and conditions set forth in this Project Agreement and the other Project Documents, DB Co shall ensure that each DB Co Party shall at all times, when entering the Lands, act in a manner consistent with the obligations of DB Co under the Project Agreement. (c) In consideration for the use and access rights granted pursuant to Section 16.1(a), DB Co shall provide the Works subject to and in accordance with this Project Agreement. (d) Without derogating from any of the City’s rights hereunder, in particular, and subject to any restrictions set out in Schedule 20 – Lands, the City acknowledges that, in respect of the Works, DB Co and the DB Co Parties require, and the City shall provide, access to the Lands in accordance with Section 16.1(a) without material interference by the City, any City Party, MTO, RTG or any RTG Party (except as provided in the Interface Agreement). DB Co further acknowledges that following Substantial Completion, DB Co’s access to the applicable Lands shall be subject to the City Activities. (e) Subject to Section 16.1(a), none of the rights granted pursuant to this Section 16.1 shall grant access to, (i) any lands beyond the boundaries of the Lands, or to any lands other than the Lands, other than easements and similar interests of the City which benefit the Lands, obtained after the date of this Project Agreement, to the extent the same are necessary for the Works or exceed any restrictions set out in Schedule 20 – Lands; or (ii) any facilities or infrastructure of the City, Utility Companies, Railway Companies, MTO or any other third parties, except as set out in Schedule 20 – Lands (which access, if any, is subject to Section 16.1(b)).

Access to Lands. (a) Subject to this Section 16 14 and the provisions of Schedule 20 33 – Lands, including any restrictions on the use and access to the Lands set out in Schedule 20 33 – Lands, the City shall grant or have caused to be granted, and shall continuously grant or cause to be granted, to DB Project Co and all DB Project Co Parties Parties, non-exclusive licence rights license right of use and access to, on and over to the Lands, except such rights set out as a DB Co responsibility to obtain under the Permits, Licences, Approvals and Agreements tables attached as Schedule 35 – Permits, Licences, Approvals and Agreements, Lands as are required by DB Project Co and such DB Project Co Parties and sufficient (subject to DB Project Co performing its obligations described in the Project Co Permits, Licences, Approvals and Agreements tables attached as Schedule 35 – Permits, Licences, Approvals and Agreements Authorizations and subject to the timing and extent of the grant of use and access to the Lands set out in Schedule 20 33 – Lands) to allow DB Project Co and such DB Project Co Parties to perform that part of the Works those Project Operations to be performed on the Lands. The rights granted to DB Project Co pursuant to this Section 16.1(a14.1(a) shall be effective on the later of, (i) the date of Financial Close; and (ii) the commencement date for access to individual parcels of lands that comprise the Lands as set out in Schedule 20 33 – Lands. (b) Subject to DB Project Co’s obligation to comply with the other terms and conditions set forth in this Project Agreement and the other Project Documents, DB Project Co shall ensure that each DB Project Co Party shall at all times, when entering the Lands, act in a manner consistent with the obligations of DB Project Co under the Project Agreement. (c) In consideration for the use and access rights granted pursuant to Section 16.1(a14.1(a), DB Project Co shall provide the Works Project Operations subject to and in accordance with this Project Agreement. (d) Without derogating from any of the City’s rights hereunder, in particular, its rights of access to the Lands prior to the Substantial Completion Date for the purposes of any City Commissioning, and subject to any restrictions set out in Schedule 20 33 – Lands, the City acknowledges that, in respect of the WorksProject Operations, DB Project Co and the DB Project Co Parties require, and the City shall provide, provide access to the Lands in accordance with Section 16.1(a) without material interference by the City, City or any City Party, MTO, RTG or any RTG Party (except as provided for such period of time identified in the Interface Agreement). DB Co further acknowledges that following Substantial Completion, DB Co’s access to the Sections 14.1(a) applicable Lands shall be subject to the City Activitiesthereto. (e) Subject to Section 16.1(a), none None of the rights granted pursuant to this Section 16.1 shall grant access to,14.1 shall: (i) grant access to any lands beyond the boundaries of the Lands, or to any lands other than the Lands, other than easements and similar interests of the City which are obtained after Commercial Close and which are intended to benefit the Lands, obtained after the date of this Project Agreement, to the extent the same are necessary for the Works Project Operations or exceed any restrictions set out in Schedule 20 – 33 - Lands; or; (ii) grant access to any facilities or infrastructure of the City, Utility Companies, Railway Companies, MTO Companies or any other third parties, except as set out in Schedule 20 33 – Lands (which access, if any, is subject to Section 16.1(b14.2)); or (iii) except as otherwise expressly provided in this Project Agreement, be interpreted as permitting Project Co to alter, damage, remove or destroy any structure that may be extending over or encroaching upon the Lands from adjoining properties without the prior written consent of the City, such consent not to be unreasonably withheld it being acknowledged that Project Co will be required to provide the City with reasonable prior written notice of any such interference or encroachment encountered during the course of the Works and to achieve a consensus with the City as to the means to address such interference or encroachment. (f) The use and access rights provided in this Section 14.1 shall automatically terminate as of the Termination Date, save and except for the earlier termination of the use and access rights specified in Schedule 33 – Lands. (g) For greater certainty, the use and access rights provided in this Section 14.1 shall not entitle Project Co or any Project Co Party to extract any mineral from the Lands for use in the Project Operations. (h) The City shall acquire use of and access to the Lands described in Schedule 33 – Lands on or prior to the applicable commencement date for access set out in Schedule 33 – Lands. The City shall provide Notice to Project Co of the commencement of access rights to the Lands as such access is obtained by the City.