Common use of Additional Lands Clause in Contracts

Additional Lands. ‌ (a) Project Co may propose, by written request to Contracting Authority, that Contracting Authority acquire ownership of, or obtain rights or interests in or to additional lands which, in Project Co’s opinion, would improve the efficiency of Project Co’s performance of the Works (each an “Additional Lands Request”). (b) Project Co shall include in each Additional Lands Request: (i) for each of the Additional Lands requested, supporting reasons, justifications and detailed plans evidencing, at a minimum: (A) how each of the proposed Additional Lands would improve the efficiency of the delivery of the Works; and‌ (B) that the lands, rights or interests, if acquired, would be sufficient, but not excessive, to achieve the objective described in Section 16.8(b)(i)(A); (ii) the legal description related to the Additional Lands being proposed, together with all relevant parcel register for property identifier documents and, if the Additional Lands cannot be fully legally defined, a sketch depicting the location and limits of the Additional Lands and a legal survey of such Additional Lands to establish the boundaries. Whenever the Additional Lands are part of a larger lands parcel, the legal survey must define a smaller parcel sufficient for delivery of the Works; (iii) a plan for conducting any necessary investigations of the Additional Lands (a “Site Investigation Plan”) including, with respect to contamination and other environmental conditions, utilities, geotechnical conditions, fossils, artifacts and other objects having artistic, historic, archaeological or monetary value, including human remains and burial sites, located on, in or under such lands. If required by Contracting Authority, Project Co shall implement the Site Investigation Plan and shall provide all reports prepared or issued (“Site Investigation Reports”) in connection with the Site Investigation Plan to Contracting Authority. Contracting Authority shall be addressee of all such Site Investigation Reports and shall be entitled to rely on the reports; (iv) Intentionally Deleted; (v) any savings in Direct Costs to Project Co that will result in a reduction in the compensation payable to Project Co in accordance with Section 1.11(a) of Schedule 22 – Variation Procedure. Project Co shall promptly provide such additional information as Contracting Authority may request from time to time in relation to the Additional Lands Request. (c) Contracting Authority may, in its sole discretion, accept or reject any Additional Lands Request, or prescribe conditions, restrictions and requirements in connection with its agreement to an Additional Lands Request. In the event that Contracting Authority agrees to an Additional Lands Request, such acquisition shall become part of the Lands once acquired and shall, subject to and in accordance with this Section 16.8 and Schedule 22 – Variation Procedure, result in a Variation, provided that such additional lands, rights or interests shall become “Additional Lands” and part of the Lands only if and when,‌ (i) Contracting Authority has issued a Variation Confirmation pursuant to Schedule 22 – Variation Procedure; and (ii) Contracting Authority has successfully acquired or obtained such rights, title or interest in the proposed Additional Lands. (d) Project Co acknowledges and agrees that any decision of Contracting Authority pursuant to Section 16.8(c) shall be final and binding on the Parties and, in the event that Contracting Authority does not agree to an acquisition of Additional Lands pursuant to Section 16.8(c), Project Co acknowledges and agrees that Contracting Authority’s decision shall not be subject to dispute resolution pursuant to Schedule 27 – Dispute Resolution Procedure. (e) Additional Lands acquired or obtained by Contracting Authority pursuant to this Section 16.8 shall constitute Lands for the purposes of this Project Agreement, provided that, notwithstanding anything to the contrary in this Project Agreement: (i) Project Co shall be responsible for and shall indemnify and hold harmless Contracting Authority and the Province Persons from and against all costs, risks, obligations, and liabilities in respect of, or arising in connection with, such Additional Lands (and any portion of such Additional Lands comprising the Site) including claims relating to Site Conditions thereon and therein, including with respect to Contamination, Items of Interest or Value, Contracting Authority Utility Infrastructure or Species-at-Risk; (ii) Contracting Authority provides no representation or warranty, and shall have no obligation to Project Co, in respect of, or arising in connection with, any

Additional Lands. ‌ (a) Where Project Co may propose, by written request to Contracting Authority, believes that Contracting Authority acquire the acquisition of ownership of, of additional lands or obtain certain rights or interests in or to additional lands which, in Project Co’s opinion, (“Additional Lands”) would improve the efficiency of Project Co’s performance its delivery of the Works Works, then Project Co may propose the following in writing to Contracting Authority (each an a “Lands Proposal”):‌ (i) where MTO owns the Additional Lands, a grant by Contracting Authority to Project Co of a non-exclusive licence right of use and access to such Additional Lands; or (ii) where the owner of the Additional Lands Request”)is a party other than MTO, a request for consent from Contracting Authority for Project Co to purchase such Additional Lands and direct title to such Lands to be registered in the name of MTO. (b) Project Co shall include provide in each Additional writing to Contracting Authority sufficient and relevant information in support of such Lands RequestProposal, including: (i) for each of the Additional Lands requested, supporting reasons, justifications and detailed plans evidencing, evidencing at a minimum: (A) how each of the proposed Additional Lands would improve the efficiency of the delivery of the Works; and‌ (B) that the lands, rights or interests, if acquired, would be sufficient, but not excessive, to achieve the objective described in Section 16.8(b)(i)(A); (ii) the legal description related to the Additional Lands being proposed, together with all relevant parcel register Parcel Register for property identifier the Property Identifier documents andand if, if the Additional Lands cannot be fully legally defined, a sketch depicting the location and limits of the Additional Lands and a legal survey of such Additional Lands to establish the boundaries. Whenever the Additional Lands are part of a larger lands parcel, the legal survey must define a smaller parcel sufficient for the delivery of the Works; (iii) a plan for conducting any necessary investigations of the Additional Lands (a “Site Investigation Plan”) including), including with respect to contamination and other environmental conditions, utilities, geotechnical conditions, fossils, artifacts and other objects having artistic, historic, archaeological archeological or monetary value, including human remains and burial sites, located on, in or under such lands. If required by Contracting Authority, Project Co shall implement the Site Investigation Plan and shall provide all reports prepared or issued (“Site Investigation Reports”) in connection with the Site Investigation Plan to Contracting Authority. Contracting Authority and MTO shall be addressee addressees of all such Site Investigation Reports and shall be entitled to rely on the reports;; and (iv) Intentionally Deleted; (v) any savings in Direct Costs to Project Co that will result in a reduction in the compensation payable to Project Co in accordance with Section 1.11(a) of Schedule 22 – Variation Procedure. Project Co shall promptly provide such additional information as Contracting Authority may request from time to at any time in relation to the Additional Lands RequestProposal. (c) Contracting Authority may, in its sole discretion, accept or reject any a Lands Proposal for Additional Lands Request, pursuant to Section 16.8(a) or prescribe conditions, restrictions and or requirements in connection with its agreement to an Additional a Lands RequestProposal. In the event that Contracting Authority agrees to an Additional Lands Request, such acquisition shall become part of accepts the Lands once acquired and shall, subject to and in accordance with this Section 16.8 and Schedule 22 – Variation Procedure, result in a Variation, provided that such additional lands, rights or interests shall become “Additional Lands” and part of the Lands only if and when,‌ (i) Contracting Authority has issued a Variation Confirmation pursuant to Schedule 22 – Variation Procedure; and (ii) Contracting Authority has successfully acquired or obtained such rights, title or interest in the proposed Additional Lands. (d) Project Co acknowledges and agrees that any decision of Contracting Authority pursuant to Section 16.8(c) shall be final and binding on the Parties and, in the event that Contracting Authority does not agree to an acquisition of Additional Lands pursuant to Section 16.8(c), Project Co acknowledges and agrees that Contracting Authority’s decision shall not be subject to dispute resolution pursuant to Schedule 27 – Dispute Resolution Procedure. (e) Additional Lands acquired or obtained by Contracting Authority pursuant to this Section 16.8 shall constitute Lands for the purposes of this Project Agreement, provided that, notwithstanding anything to the contrary in this Project AgreementProposal: (i) Project Co shall be responsible for and shall indemnify and hold harmless Contracting Authority and where MTO owns the Province Persons from and against all costs, risks, obligations, and liabilities in respect of, or arising in connection with, such Additional Lands (and any portion of such Additional Lands comprising the Site) including claims relating to Site Conditions thereon and therein, including with respect to Contamination, Items of Interest or ValueLands, Contracting Authority Utility Infrastructure or Species-at-Risk; (ii) Contracting Authority provides no representation or warranty, and shall have no obligation grant to Project Co, in respect of, or arising in connection with, anyCo a non-exclusive licence right of use and access to such Additional Lands;