Common use of Additional Works Clause in Contracts

Additional Works. (a) WCH reserves the right to carry out Additional Works. WCH may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH and Additional Contractors in reviewing their construction schedules when directed to do so by WCH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the Facility. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 Facility, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH of WCH’s intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH HHS reserves the right to carry out Additional Works. WCH HHS may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH HHS shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCHHHS, with the Project Co Services during the performance of the Project Co Services as WCH HHS considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH HHS has requested Project Co to proceed in accordance with Section 9.6(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCHHHS, during the performance of the Project Co Services as WCH HHS considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH HHS has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH HHS of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH HHS and Additional Contractors in reviewing their construction schedules when directed to do so by WCHHHS; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH HHS in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH HHS by reason of such readily apparent deficiencies; and (v) where WCH HHS has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH HHS of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility Substantial Completion, and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH HHS exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCHHHS) then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH HHS has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH HHS contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH HHS of WCH’s HHS’ intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH HHS shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH HHS has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH HHS shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH HHS shall not be entitled to withdraw any such Variation Enquiry unless WCH HHS determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH The College reserves the right to carry out Additional Works. WCH The College may assign to Project Co responsibility for: (i) directing the methods and manner means of construction (where applicable) of the Additional Works, the coordination ; (ii) coordinating and scheduling of the Additional Works and the Works; and/or (iii) providing safety training in respect of the Additional Works to Project Co.Works. (b) In connection with the Additional Works, WCH the College shall: (i) to the extent that the College has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works; (ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (iiiii) enter into separate contracts with Additional Contractors under conditions of contract which containing terms and provisions which: (A) are compatible consistent with the conditions terms and provisions of this Project Agreement and provide (including Schedule 27 – Dispute Resolution Procedure); (B) to the extent that the College has assigned responsibility for compliance by such matters to Project Co pursuant to Section 11.12(a), require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner means of construction (where applicable)of the Additional Works, and coordination and scheduling of the Additional Works during the performance and safety training in respect of the Works Additional Works; and during (C) require Additional Contractors to comply with the performance instruction of the Project Co Services in those cases where WCH has requested Project Co relating to proceed in accordance with Section 9.6(c)matters of health and safety on the Site; (iiiiv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and the College (including, if appropriate, naming the College and Project Co Services as additional insureds and/or loss payees) and in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (ivv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH to the extent that the College has assigned responsibility for such matters to Project Co the matters referred pursuant to in Section 9.6(a) 11.12(a), and subject to the performance by WCH the College of its obligations under Sections 9.6(b)(i11.12(b)(i) and 9.6(b)(ii(iii), provide for direct the methods and manner means of construction (where applicable) of the Additional Works Works, coordinate and the coordination and scheduling of schedule the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works; (ii) subject to the performance by the College of its obligations under Sections 11.12(b)(i) and (iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of the College exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion; (iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iiiiv) participate with WCH the College and Additional Contractors in reviewing their construction schedules when directed to do so by WCH;the College; and (ivv) where all or part of the performance of the Works or Project Co Services is affected by by, or depends upon, for its the completion and/or proper execution, execution of the Additional Works, promptly report to WCH in writing promptly, and prior to proceeding with that part of the Works or applicable Project Co Servicesaffected Works, report to the College in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH the College by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the Facility. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 Facility, ifCompletion: (i) any Additional Contractors cause any damage to the Works; (ii) to the extent that the College has assigned responsibility for such matters to Project Co pursuant to Section 11.12(a), Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project CoCo regarding methods and means of construction, coordination, and scheduling or safety; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any such Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work delay in the Works Schedule or additional costs is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms not as a result of their respective contracts Project Co’s failure to perform its obligations under Sections 11.12(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3730, be treated as a Delay Event and, subject to and in accordance with Section 3831, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between the College and the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor Additional Contractor whose contract with WCH the College contains a similar binding reciprocal agreement to arbitrate. (f) In connection with the Additional Works, Project Co may propose a Variation as follows: (i) Project Co shall have a period of 10 Business Days following notice from WCH the College of WCHthe College’s intention to carry out such Additional Works including a reasonable description of such Additional Works to request propose a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence effect on Project Co’s ability to perform any the Works including a material delay in the Works or material additional costs in respect of the Project OperationsWorks; (ii) if Project Co has made a request for proposed a Variation in accordance with Section 9.6(f)(i11.12(f)(i), WCH the College shall, within 10 Business Days of such requestproposal, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 11.12(f)(i) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) where WCH the College has, under Section 9.6(f)(ii11.12(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH the College shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH the College shall not be entitled to withdraw any such Variation Enquiry unless WCH the College determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i11.12(f)(i)) or will not result in any material negative consequence effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations Works and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including, with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warrantytherefrom. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent Project Co is entitled to a Delay Event in accordance with Section 11.12(d) or as expressly described in any Variation Confirmation.

Additional Works. (a) WCH IO reserves the right to carry out Additional Works. WCH IO may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH IO shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCHIO, with the Project Co Services during the performance of the Project Co Services as WCH IO considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c9.11(c) and all directions of Project Co in respect of any matter regarding health and site safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH IO has requested Project Co to proceed in accordance with Section 9.6(c9.11(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCHIO, during the performance of the Project Co Services as WCH IO considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH IO of its obligations under Sections 9.6(b)(i9.11(b)(i) and 9.6(b)(ii9.11(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH and Additional Contractors and IO in reviewing their construction schedules when directed to do so by WCHIO or IO agents, contractors or subcontractors; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH IO in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH IO by reason of such readily apparent deficiencies; and (v) where WCH has assigned subject to Project Co the matters referred to in Section 9.6(aSections 9.11(a), 9.11(b)(i) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii9.11(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH IO exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i9.11(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet work described in the Project Agreement or the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) IO), then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH IO has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH IO contains a similar agreement to arbitrate. (if) Project Co shall have a period of 10 Business Days following notice from WCH of WCH’s intention to carry Except as set out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i9.11(g), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placingplacing, installing, applying or connecting application and connection of the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement responsibility to provide and maintain the specified warranties with respect to the Works, except to the extent expressly described that the placing, installing, application or connection of such Additional Works on and to the Works performed by Project Co gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim. (g) Project Co shall, where it knows or reasonably ought to have known that the whole or any Variation Confirmationpart of the Additional Works will void the warranty or give rise to a claim under the warranties provided by Project Co, promptly report to IO in writing prior to the applicable Additional Contractor proceeding with the Additional Works.

Additional Works. ‌ (a) WCH The College reserves the right to carry out Additional Works. WCH may The College may, at any time during the performance of the Works, assign the methods and manner means of construction (where applicable) of the Additional Works, Works and/or the coordination and scheduling of the Additional Works and and/or the safety training in respect of the Additional Works to Project Co.Co.‌ (b) In connection with the Additional Works, WCH the College shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.12(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services;Works;‌ (ii) enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which are compatible consistent with the conditions terms and provisions of this Project Agreement and provide for compliance by which require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.12(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c);Works;‌ (iii) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and the College (including, if appropriate, naming the College and Project Co Services and as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, shall during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services:Works:‌ (i) where WCH assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site prior to Substantial Completion and assume and exercise the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act; (ii) to the extent the College has assigned to Project Co any or all of the matters referred to in Section 9.6(a11.12(a) and subject to the performance by WCH the College of its obligations under Sections 9.6(b)(i11.12(b)(i) and 9.6(b)(ii11.12(b)(ii), provide for the methods and manner means of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (iiiii) where all or part of the performance of the Works in accordance with the Project Agreement is affected by or depends upon, the completion and/or proper execution of the Additional Works, promptly report to the College in writing any readily apparent deficiencies in the Additional Works, prior to proceeding with the affected Works. Failure by Project Co to so report shall invalidate any claims against the College by reason of such readily apparent deficiencies; (iv) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;; and (iiiv) participate with WCH the College and Additional Contractors in reviewing their construction schedules when directed to do so by WCH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCollege. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 Facility, if:Site:‌ (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the instructions of Project Co regarding coordination, scheduling and/or safety and/or method and safety instructions means of Project Coconstruction; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work is performed by such Additional Contractors delay in accordance with Good Industry Practice and in accordance with the terms Works Schedule or additional costs are not as a result of their respective contracts Project Co’s failure to perform any of its obligations under Section 11.12(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors (except to the extent they involve claims, disputes and other matters between Project Co and the College pursuant to this Agreement) shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between the College and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any other contractor whose contract with WCH the College contains a similar binding reciprocal agreement to arbitrate.arbitrate.‌ (i) Project Co shall have a period of 10 Business Days following notice from WCH the College of WCHthe College’s intention to carry out Additional Works Works, including a reasonable description of such Additional Works Works, to request a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence adverse effect on Project Co’s ability to perform any of the Project Operations;Works, including a delay in the Works or additional costs in respect of the Works;‌ (ii) if Project Co has made a request for requested a Variation in accordance with Section 9.6(f)(i11.12(e)(i), WCH the College shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) subject to 11.12(d), either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 11.12(e) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) and where WCH has, under Section 9.6(f)(ii), the College has given notice to Project Co that it does not agree that a Variation is required, WCH the College shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH the College shall not be entitled to withdraw any such Variation Enquiry unless WCH the College determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i11.12(e)(i)) or and will not result in any material negative consequence adverse effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations Works and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (gf) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, Contractors on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH SMH reserves the right to carry out Additional Works. WCH may SMH may, at any time during the performance of the Works, assign the methods and manner means of construction (where applicable) of the Additional Works, Works and/or the coordination and scheduling of the Additional Works and and/or the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH SMH shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which are compatible consistent with the conditions terms and provisions of this Project Agreement and provide for compliance by which require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c)Works; (iii) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works and the to provide seamless insurance coverage to Project Co Services and SMH (including, if appropriate, naming SMH and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, shall during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site prior to Substantial Completion and assume and exercise the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act; (ii) to the extent SMH has assigned to Project Co any or all of the matters referred to in Section 9.6(a11.13(a) and subject to the performance by WCH SMH of its obligations under Sections 9.6(b)(i11.13(b)(i) and 9.6(b)(ii11.13(b)(ii), provide for the methods and manner means of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (iiiii) where all or part of the performance of the Works in accordance with the Project Agreement is affected by or depends upon, the completion and/or proper execution of the Additional Works, promptly report to SMH in writing any readily apparent deficiencies in the Additional Works, prior to proceeding with the affected Works. Failure by Project Co to so report shall invalidate any claims against SMH by reason of such readily apparent deficiencies; (iv) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;; and (iiiv) participate with WCH SMH and Additional Contractors in reviewing their construction schedules when directed to do so by WCH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilitySMH. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 Facility, ifSite: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the instructions of Project Co regarding coordination, scheduling and/or safety and/or method and safety instructions means of Project Coconstruction; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work is performed by such Additional Contractors delay in accordance with Good Industry Practice and in accordance with the terms Works Schedule or additional costs are not as a result of their respective contracts Project Co’s failure to perform any of its obligations under Section 11.13(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors (except to the extent they involve claims, disputes and other matters between Project Co and SMH pursuant to this Agreement) shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between SMH and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any other contractor whose contract with WCH SMH contains a similar binding reciprocal agreement to arbitrate. (iii) Project Co shall have a period of 10 Business Days following notice from WCH SMH of WCHSMH’s intention to carry out Additional Works Works, including a reasonable description of such Additional Works Works, to request a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence adverse effect on Project Co’s ability to perform any of the Project Operations; (ii) Works, including a delay in the Works or additional costs in respect of the Works; if Project Co has made a request for requested a Variation in accordance with Section 9.6(f)(i11.13(f)(i), WCH SMH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) subject to 11.13(d), either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 11.13(e) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) and where WCH has, under Section 9.6(f)(ii), SMH has given notice to Project Co that it does not agree that a Variation is required, WCH SMH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH SMH shall not be entitled to withdraw any such Variation Enquiry unless WCH SMH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i11.13(f)(i)) or and will not result in any material negative consequence adverse effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations Works and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, Contractors on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH SJHC reserves the right to carry out Additional Works. WCH SJHC may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH SJHC shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the SiteSites, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with with (A) the Works during the performance of the Works, and (B) at the request of WCHSJHC, with the Project Co Services during the performance of the Project Co Services as WCH SJHC considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the SiteSites, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH SJHC has requested Project Co to proceed in accordance with Section 9.6(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCHSJHC, during the performance of the Project Co Services as WCH SJHC considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH SJHC has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH SJHC of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH SJHC and Additional Contractors in reviewing their construction schedules when directed to do so by WCHSJHC; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH SJHC in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH SJHC by reason of such readily apparent deficiencies; and (v) where WCH SJHC has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH SJHC of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Early Occupancy Completion in respect of the Works relating to the Phase 1 RMHC, St. ▇▇▇▇▇▇ Facility and prior to Substantial Completion in respect of the Works relating to the RMHC, London Facility and, at the request of WCH SJHC exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site Sites following Interim Early Occupancy Completion in respect of the Phase 1 RMHC, St. ▇▇▇▇▇▇ Facility and following Substantial Completion in respect of the RMHC, London Facility. (d) In the case of Additional Works carried out prior to Interim Early Occupancy Completion in respect of the Phase 1 RMHC, St. ▇▇▇▇▇▇ Facility and prior to Substantial Completion in respect of the Phase 2 RMHC, London Facility, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) SJHC), then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH SJHC has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH SJHC contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH SJHC of WCHSJHC’s intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH SJHC shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH SJHC has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH SJHC shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH SJHC shall not be entitled to withdraw any such Variation Enquiry unless WCH SJHC determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH IO reserves the right to carry out Additional Works. WCH IO may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH IO shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the to be performed under this Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co ServicesAgreement; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors such other contractors with Section 9.6(c9.11(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c)site safety; (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH IO of its obligations under Sections 9.6(b)(i9.11(b)(i) and 9.6(b)(ii9.11(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH and Additional Contractors and IO in reviewing their construction schedules when directed to do so by WCHIO or IO agents, contractors or subcontractors; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH IO in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH IO by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional WorksSection 9.5, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, and at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i9.11(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet work described in the Project Agreement or the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) IO), then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3738, be treated as a Delay Event and, subject to and in accordance with Section 3839, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 24 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH IO has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH IO contains a similar agreement to arbitrate. (if) Project Co shall have a period of 10 Business Days following notice from WCH of WCH’s intention to carry Except as set out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i9.11(g), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placingplacing, installing, applying or connecting application and connection of the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement responsibility to provide and maintain the specified warranties with respect to the Works, except to the extent expressly described that the placing, installing, application or connection of such Additional Works on and to the Works performed by Project Co voids the warranty or gives rise to a claim under the warranties provided by Project Co, in which case such warranties shall not apply to such claim. (g) Project Co shall, where it knows or reasonably ought to have known that the whole or any Variation Confirmationpart of the Additional Works will void the warranty or give rise to a claim under the warranties provided by Project Co, promptly report to IO in writing prior to the applicable Additional Contractor proceeding with the Additional Works.

Additional Works. (a) WCH Contracting Authority reserves the right to carry out Additional Works. WCH Contracting Authority may assign to Project Co responsibility for: (i) directing the methods and manner means of construction (where applicable) of the Additional Works, the coordination ; (ii) coordinating and scheduling of the Additional Works and the Works; and/or (iii) providing safety training in respect of the Additional Works to Project Co.Works. (b) In connection with the Additional Works, WCH Contracting Authority shall: (i) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.15(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works; (ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) ; enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which (A) are compatible consistent with the conditions terms and provisions of this Project Agreement and provide (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that Contracting Authority has assigned responsibility for compliance by such matters to Project Co pursuant to 11.15(a), require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner means of construction (where applicable)of the Additional Works, and coordination and scheduling of the Additional Works during the performance and safety training in respect of the Additional Works and during (C) require Additional Contractors to comply with the performance instructions of the Project Co Services in those cases where WCH has requested Project Co relating to proceed in accordance with Section 9.6(c)matters of health and safety on the Site; (iii) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works and the to provide seamless insurance coverage to Project Co Services and Contracting Authority (including, if appropriate, naming Contracting Authority and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH to the extent that Contracting Authority has assigned responsibility for such matters to Project Co the matters referred pursuant to in Section 9.6(a) 11.15(a), and subject to the performance by WCH Contracting Authority of its obligations under Sections 9.6(b)(i11.15(b)(i) and 9.6(b)(ii11.15(b)(iii), provide for direct the methods and manner means of construction (where applicable) of the Additional Works Works, coordinate and the coordination and scheduling of schedule the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement, as applicable, and provide safety training in respect of the Additional Works; (ii) subject to the performance by Contracting Authority of its obligations under Section 11.15(b)(i) and 11.15(b)(iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Contracting Authority exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion; (iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iiiiv) participate with WCH Contracting Authority and Additional Contractors in reviewing their construction schedules when directed to do so by WCH;Contracting Authority; and (ivv) where all or part of the performance of the Works or Project Co Services is affected by by, or depends upon, for its the completion and/or proper execution, execution of the Additional Works, promptly report to WCH in writing promptly, and prior to proceeding with that part of the Works or applicable Project Co Servicesaffected Works, report to Contracting Authority in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH Contracting Authority by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the Facility. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 Facility, ifSite: (i) any Additional Contractors cause any damage to the Works; (ii) to the extent that Contracting Authority has assigned responsibility for such matters to Project Co pursuant to Section 11.15(a), Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety reasonable instructions of Project CoCo regarding methods and means of construction, coordination and scheduling or safety; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any such Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work is performed by such Additional Contractors delay in accordance with Good Industry Practice and in accordance with the terms Works or additional costs are not as a result of their respective contracts Project Co’s failure to perform any of its obligations under Section 11.15(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3731, be treated as a Delay Event and, subject to and in accordance with Section 3832, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with by negotiation, adjudication and/or arbitration in substantially the same a reasonably similar manner as to what is contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between Contracting Authority and the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor Additional Contractor whose contract with WCH Contracting Authority contains a similar binding reciprocal agreement to arbitrate. (f) In connection with the Additional Works, Project Co may propose a Variation as follows: (i) Project Co shall have a period of 10 Business Days following notice Notice from WCH Contracting Authority of WCHContracting Authority’s intention to carry out such Additional Works Works, including a reasonable description of such Additional Works Works, to request propose a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.or

Additional Works. (a) WCH HMQ reserves the right to carry out Additional Works. WCH HMQ may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH HMQ shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c11.21(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH HMQ has requested Project Co to proceed in accordance with Section 9.6(c11.21(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH HMQ has assigned to Project Co the matters referred to in Section 9.6(a11.21(a) and subject to the performance by WCH HMQ of its obligations under Sections 9.6(b)(i11.21(b)(i) and 9.6(b)(ii11.21(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project AgreementWorks; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH HMQ and Additional Contractors in reviewing their construction schedules when directed to do so by WCHHMQ; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH HMQ in writing and prior to proceeding with that part of the Works or applicable Project Co ServicesWorks, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH HMQ by reason of such readily apparent deficiencies; and (v) where WCH HMQ has assigned to Project Co the matters referred to in Section 9.6(a11.21(a) in respect of Additional Works, and subject to the performance by WCH HMQ of its obligations under Sections 9.6(b)(i11.21(b)(i) and 9.6(b)(ii11.21(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ „constructor‟ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of at the Works relating to the Facility Site and, at the request of WCH HMQ exercised in a manner consistent with the said ActOccupational Health and Safety Act (Ontario), at any time that Project Co is acting as a ‘constructor’ „constructor‟ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of at the FacilitySite. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 FacilitySite, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i11.21(c)(i), (ii11.21(c)(ii), (iii11.21(c)(iii) and (v11.21(c)(v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work Works that is are required to meet the Output Specifications and provided such Additional Work is Works are performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) HMQ), then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3730, be treated as a Delay Event and, subject to and in accordance with Section 3831, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH HMQ has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH HMQ contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH HMQ of WCH’s HMQ‟s intention to carry out Additional Works Works, including a reasonable description of such Additional Works Works, to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operationsvoid; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i11.21(e)(i), WCH HMQ shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure[Intentionally Deleted]; and (iv) where WCH HMQ has, under Section 9.6(f)(ii11.21(e)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH HMQ shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH HMQ shall not be entitled to withdraw any such Variation Enquiry unless WCH HMQ determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (gf) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH The College reserves the right to carry out Additional Works. WCH may The College may, at any time during the performance of the Works, assign the methods and manner means of construction (where applicable) of the Additional Works, Works and/or the coordination and scheduling of the Additional Works and and/or the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH the College shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which are compatible consistent with the conditions terms and provisions of this Project Agreement and provide for compliance by which require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c)Works; (iii) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works to provide seamless insurance coverage to Project Co and the College (including, if appropriate, naming the College and Project Co Services and as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, shall during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site prior to Substantial Completion and assume and exercise the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act; (ii) to the extent the College has assigned to Project Co any or all of the matters referred to in Section 9.6(a11.13(a) and subject to the performance by WCH the College of its obligations under Sections 9.6(b)(i11.13(b)(i) and 9.6(b)(ii11.13(b)(ii), provide for the methods and manner means of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (iiiii) where all or part of the performance of the Works in accordance with the Project Agreement is affected by or depends upon, the completion and/or proper execution of the Additional Works, promptly report to the College in writing any readily apparent deficiencies in the Additional Works, prior to proceeding with the affected Works. Failure by Project Co to so report shall invalidate any claims against the College by reason of such readily apparent deficiencies; (iv) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;; and (iiiv) participate with WCH the College and Additional Contractors in reviewing their construction schedules when directed to do so by WCH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCollege. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 Facility, ifSite: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the instructions of Project Co regarding coordination, scheduling and/or safety and/or method and safety instructions means of Project Coconstruction; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work is performed by such Additional Contractors delay in accordance with Good Industry Practice and in accordance with the terms Works Schedule or additional costs are not as a result of their respective contracts Project Co’s failure to perform any of its obligations under Section 11.13(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors (except to the extent they involve claims, disputes and other matters between Project Co and the College pursuant to this Agreement) shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between the College and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any other contractor whose contract with WCH the College contains a similar binding reciprocal agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH the College of WCHthe College’s intention to carry out Additional Works Works, including a reasonable description of such Additional Works Works, to request a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence adverse effect on Project Co’s ability to perform any of the Project OperationsWorks, including a delay in the Works or additional costs in respect of the Works; (ii) if Project Co has made a request for requested a Variation in accordance with Section 9.6(f)(i11.13(e)(i), WCH the College shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) subject to 11.13(d), either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 11.13(e) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) and where WCH has, under Section 9.6(f)(ii), the College has given notice to Project Co that it does not agree that a Variation is required, WCH the College shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH the College shall not be entitled to withdraw any such Variation Enquiry unless WCH the College determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i11.13(e)(i)) or and will not result in any material negative consequence adverse effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations Works and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (gf) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, Contractors on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH HMQ reserves the right to carry out Additional Works. WCH HMQ may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH HMQ shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c11.25(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH HMQ has requested Project Co to proceed in accordance with Section 9.6(c11.25(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner HMQ similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH HMQ has assigned to Project Co the matters referred to in Section 9.6(a11.25(a) and subject to the performance by WCH HMQ of its obligations under Sections 9.6(b)(i11.25(b)(i) and 9.6(b)(ii11.25(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project AgreementWorks; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH HMQ and Additional Contractors in reviewing their construction schedules when directed to do so by WCHHMQ; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH HMQ in writing and prior to proceeding with that part of the Works or applicable Project Co ServicesWorks, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH HMQ by reason of such readily apparent deficiencies; and (v) where WCH HMQ has assigned to Project Co the matters referred to in Section 9.6(a11.25(a) and subject to the performance by WCH HMQ of its obligations under Sections 9.6(b)(i11.25(b)(i) and 9.6(b)(ii11.25(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH HMQ exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i11.25(c)(i), (ii11.25(c)(ii), (iii) 11.25(c)(iii), and (v11.25(c)(v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work Works that is are required to meet the Output Specifications and provided such Additional Work is Works are performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCH) HMQ), then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3730, be treated as a Delay Event and, subject to and in accordance with Section 3831, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH HMQ has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH HMQ contains a similar agreement to arbitrate. (f) (i) Project Co shall have a period of 10 Business Days following notice from WCH HMQ of WCHHMQ’s intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project OperationsWorks; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH JBH reserves the right to carry out Additional Works. WCH may JBH may, at any time during the performance of the Works, assign the methods and manner means of construction (where applicable) of the Additional Works, Works and/or the coordination and scheduling of the Additional Works and and/or the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH JBH shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which are compatible consistent with the conditions terms and provisions of this Project Agreement and provide for compliance by which require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, and to the extent such matters have been assigned to Project Co pursuant to Section 11.13(a), the methods and manner means of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c)Works; (iii) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works and the to provide seamless insurance coverage to Project Co Services and JBH (including, if appropriate, naming JBH and Project Co as additional insureds and/or loss payees) and, in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, shall during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site prior to Substantial Completion and assume and exercise the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act; (ii) to the extent JBH has assigned to Project Co any or all of the matters referred to in Section 9.6(a11.13(a) and subject to the performance by WCH JBH of its obligations under Sections 9.6(b)(i11.13(b)(i) and 9.6(b)(ii11.13(b)(ii), provide for the methods and manner means of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (iiiii) where all or part of the performance of the Works in accordance with the Project Agreement is affected by or depends upon, the completion and/or proper execution of the Additional Works, promptly report to JBH in writing any readily apparent deficiencies in the Additional Works, prior to proceeding with the affected Works. Failure by Project Co to so report shall invalidate any claims against JBH by reason of such readily apparent deficiencies; (iv) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works;; and (iiiv) participate with WCH JBH and Additional Contractors in reviewing their construction schedules when directed to do so by WCH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityJBH. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of at the Phase 2 Facility, ifSite: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the instructions of Project Co regarding coordination, scheduling and/or safety and/or method and safety instructions means of Project Coconstruction; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work is performed by such Additional Contractors delay in accordance with Good Industry Practice and in accordance with the terms Works Schedule or additional costs are not as a result of their respective contracts Project Co’s failure to perform any of its obligations under Section 11.13(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37Article 30, be treated as a Delay Event and, subject to and in accordance with Section 38Article 31, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors (except to the extent they involve claims, disputes and other matters between Project Co and JBH pursuant to this Agreement) shall be dealt with in substantially the same manner as contemplated in Section 8 of Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between JBH and the Additional Contractors. Project Co shall be deemed to have consented to binding arbitration of any dispute with any other contractor whose contract with WCH JBH contains a similar binding reciprocal agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH JBH of WCHJBH’s intention to carry out Additional Works Works, including a reasonable description of such Additional Works Works, to request a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence adverse effect on Project Co’s ability to perform any of the Project OperationsWorks, including a delay in the Works or additional costs in respect of the Works; (ii) if Project Co has made a request for requested a Variation in accordance with Section 9.6(f)(i11.13(e)(i), WCH JBH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) subject to Section 11.13(d), either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 11.13(e) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) and where WCH has, under Section 9.6(f)(ii), JBH has given notice to Project Co that it does not agree that a Variation is required, WCH JBH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH JBH shall not be entitled to withdraw any such Variation Enquiry unless WCH JBH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i11.13(e)(i)) or and will not result in any material negative consequence adverse effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations Works and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (gf) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, Contractors on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH HMQ reserves the right to carry out Additional Works and the WRPS Works. WCH HMQ may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH HMQ shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the to be performed under this Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co ServicesAgreement; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors such other contractors with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH has requested Project Co to proceed in accordance with Section 9.6(c)site safety; (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works and the WRPS Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH HMQ of its obligations under Sections Section 9.6(b)(i) and 9.6(b)(ii), provide for the methods coordination and manner of construction (where applicable) scheduling of the Additional Works and the coordination and scheduling of the Additional WRPS Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors and WRPS Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works and WRPS Works; (iii) participate with WCH and Additional Contractors and WRPS Contractors and HMQ in reviewing their construction schedules when directed to do so by WCHHMQ or HMQ agents, contractors or subcontractors; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH HMQ in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH HMQ by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional WorksSection 9.5, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ „constructor‟ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, and at any time that Project Co is acting as a ‘'constructor’ ' on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works and WRPS Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors or WRPS Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors or WRPS Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works or WRPS Works (other than Additional Work that is required to meet work described in the Project Agreement or the Output Specifications and provided such Additional Work is performed by such Additional Contractors and WRPS Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCHHMQ or WRPS, as applicable) then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 3738, be treated as a Delay Event and, subject to and in accordance with Section 3839, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH HMQ has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH HMQ contains a similar agreement to arbitrate. (if) Project Co shall have a period of 10 Business Days following notice from WCH of WCH’s intention to carry Except as set out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i9.6(g), WCH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH shall not be entitled to withdraw any such Variation Enquiry unless WCH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placingplacing, installing, applying or connecting application and connection of the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement responsibility to provide and maintain the specified warranties with respect to the Works, except to the extent expressly described that the placing, installing, application or connection of such Additional Works on and to the Works performed by Project Co voids the warranty or gives rise to a claim under warranties provided by Project Co, in which case such warranties shall not apply to such claim. (g) Project Co shall, where it knows or reasonably ought to have known that the whole or any Variation Confirmationpart of the Additional Works will void the warranty or give rise to a claim under the warranties provided by Project Co, promptly report to HMQ in writing prior to the applicable Additional Contractor proceeding with the Additional Works.

Additional Works. (a) WCH IO reserves the right to carry out Additional Works. WCH IO may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH IO shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the relevant Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with with (A) the Works during the performance of the Works, and (B) at the request of WCHIO, with the Project Co Services during the performance of the Project Co Services as WCH IO considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c9.11(c) and all directions of Project Co in respect of any matter regarding health and safety on the relevant Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH IO has requested Project Co to proceed in accordance with Section 9.6(c9.11(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCHIO, during the performance of the Project Co Services as WCH IO considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH IO has assigned to Project Co the matters referred to in Section 9.6(a9.11(a) and subject to the performance by WCH IO of its obligations under Sections 9.6(b)(i9.11(b)(i) and 9.6(b)(ii9.11(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH IO and Additional Contractors in reviewing their construction schedules when directed to do so by WCHIO; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH IO in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH IO by reason of such readily apparent deficiencies; and (v) where WCH IO has assigned to Project Co the matters referred to in Section 9.6(a9.11(a) and subject to the performance by WCH IO of its obligations under Sections 9.6(b)(i9.11(b)(i) and 9.6(b)(ii9.11(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of at the Works relating to the Facility relevant Site and, at the request of WCH IO exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the a Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the Facilityat such Site. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 Facilityat a Site, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i9.11(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCHIO) then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH IO has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH IO contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH IO of WCHIO’s intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i9.11(f)(i), WCH IO shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH IO has, under Section 9.6(f)(ii9.11(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH IO shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH IO shall not be entitled to withdraw any such Variation Enquiry unless WCH IO determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i9.11(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. . (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH HRRH reserves the right to carry out Additional Works. WCH HRRH may assign the methods and manner of construction (where applicable) of the Additional Works, the coordination and scheduling of the Additional Works and the safety training in respect of the Additional Works to Project Co. (b) In connection with the Additional Works, WCH HRRH shall: (i) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCHHRRH, with the Project Co Services during the performance of the Project Co Services as WCH HRRH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (ii) enter into separate contracts with Additional Contractors under conditions of contract which are compatible with the conditions of this Project Agreement and provide for compliance by Additional Contractors with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works during the performance of the Works and during the performance of the Project Co Services in those cases where WCH HRRH has requested Project Co to proceed in accordance with Section 9.6(c); (iii) ensure that insurance coverage is provided as would be required by a prudent owner similarly situated and coordinate such insurance with the insurance coverage of Project Co as it affects the Works and the Project Co Services and in any event, such insurance shall provide for liability insurance of not less than $[REDACTED]; and (iv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCHHRRH, during the performance of the Project Co Services as WCH HRRH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH HRRH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH HRRH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), provide for the methods and manner of construction (where applicable) of the Additional Works and the coordination and scheduling of the Additional Works with the Works and the Project Co Services to be performed under this Project Agreement; (ii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iii) participate with WCH HRRH and Additional Contractors in reviewing their construction schedules when directed to do so by WCHHRRH; (iv) where part of the Works or Project Co Services is affected by or depends upon, for its proper execution, the Additional Works, promptly report to WCH HRRH in writing and prior to proceeding with that part of the Works or applicable Project Co Services, any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH HRRH by reason of such readily apparent deficiencies; and (v) where WCH HRRH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH HRRH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility Substantial Completion, and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH HRRH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the FacilityCompletion. (d) In the case of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 FacilityCompletion, if: (i) any Additional Contractors cause any damage to the Works; (ii) Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project Co; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Works (other than Additional Work that is required to meet the Output Specifications and provided such Additional Work is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms of their respective contracts or engagements with WCHHRRH) then, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have reciprocal obligations and WCH HRRH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor whose contract with WCH HRRH contains a similar agreement to arbitrate. (i) Project Co shall have a period of 10 Business Days following notice from WCH HRRH of WCHHRRH’s intention to carry out Additional Works including a reasonable description of such Additional Works to request a Variation if such Additional Works are (A) reasonably expected to make a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence on Project Co’s ability to perform any of the Project Operations; (ii) if Project Co has made a request for a Variation in accordance with Section 9.6(f)(i), WCH HRRH shall, within 10 Business Days of such request, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations for resolution in accordance with Schedule 27 - Dispute Resolution Procedure; and (iv) where WCH HRRH has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH HRRH shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - Variation Procedure shall apply except that: (A) WCH HRRH shall not be entitled to withdraw any such Variation Enquiry unless WCH HRRH determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of this Project Agreement, use commercially reasonable efforts to mitigate the adverse effects with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warranty. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, on and to the Works performed by Project Co will not relieve Project Co from its obligations under the Project Agreement with respect to the Works, except to the extent expressly described in any Variation Confirmation.

Additional Works. (a) WCH ▇▇▇▇▇ reserves the right to carry out Additional Works. WCH ▇▇▇▇▇ may assign to Project Co responsibility for: (i) directing the methods and manner means of construction (where applicable) of the Additional Works, the coordination ; (ii) coordinating and scheduling of the Additional Works and the Works; and/or (iii) providing safety training in respect of the Additional Works to Project Co.Works. (b) In connection with the Additional Works, WCH ▇▇▇▇▇ shall: (i) to the extent that ▇▇▇▇▇ has assigned responsibility for such matters to Project Co pursuant to Section 9.6(a), cause Additional Contractors to comply with the instructions of Project Co relating to the methods and means of construction of the Additional Works, coordination and scheduling of the Additional Works and safety training in respect of the Additional Works; (ii) cause Additional Contractors to comply with the instructions of Project Co relating to matters of health and safety on the Site, methods and manner of construction (where applicable), and coordination and scheduling of the Additional Works with (A) the Works during the performance of the Works, and (B) at the request of WCH, with the Project Co Services during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services; (iiiii) enter into separate contracts with Additional Contractors under conditions of contract containing terms and provisions which (A) are compatible consistent with the conditions terms and provisions of this Project Agreement and provide (including Schedule 27 – Dispute Resolution Procedure), (B) to the extent that ▇▇▇▇▇ has assigned responsibility for compliance by such matters to Project Co pursuant to Section 9.6(a), require Additional Contractors to comply with Section 9.6(c) and all directions of Project Co in respect of any matter regarding health and safety on the Site, methods and manner means of construction (where applicable)of the Additional Works, and coordination and scheduling of the Additional Works during the performance and safety training in respect of the Additional Works and during (C) require Additional Contractors to comply with the performance instructions of the Project Co Services in those cases where WCH has requested Project Co relating to proceed in accordance with Section 9.6(c)matters of health and safety on the Site; (iiiiv) ensure that insurance coverage is provided in respect of the Additional Works as would be required by a prudent owner similarly situated and coordinate that such insurance is coordinated with the insurance coverage of Project Co as it affects the Works and the Project Co Services to provide seamless insurance coverage to Project Co and Osler (including, if appropriate, naming Osler and Project Co as additional insureds and/or loss payees) and in any event, such insurance shall provide for commercial general liability insurance of not less than $[REDACTED]; and (ivv) take all necessary steps to avoid labour disputes or other disputes on the Project arising from the Additional Works. (c) In connection with the Additional Works, Project Co shall, during the performance of the Works, and at the request of WCH, during the performance of the Project Co Services as WCH considers appropriate taking into account the nature of the Additional Works and the potential for impact on the Project Co Services: (i) where WCH to the extent that ▇▇▇▇▇ has assigned responsibility for such matters to Project Co the matters referred pursuant to in Section 9.6(a) ), and subject to the performance by WCH ▇▇▇▇▇ of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii(iii), provide for direct the methods and manner means of construction (where applicable) of the Additional Works Works, coordinate and the coordination and scheduling of schedule the Additional Works with the Works and and/or the Project Co Services to be performed under this Project Agreement. as applicable, and provide safety training in respect of the Additional Works; (ii) subject to the performance by ▇▇▇▇▇ of its obligations under Sections 9.6(b)(ii) and (iii), assume overall responsibility for compliance by the Additional Contractors and Additional Works with all aspects of Applicable Law relating to health and safety at the Site, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) in accordance with such Act prior to Substantial Completion and, at the request of Osler exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Substantial Completion; (iii) afford Additional Contractors reasonable opportunity to introduce and store their products and use their construction machinery and equipment to execute the Additional Works; (iiiiv) participate with WCH ▇▇▇▇▇ and Additional Contractors in reviewing their construction schedules when directed to do so by WCH;▇▇▇▇▇; and (ivv) where all or part of the performance of the Works or Project Co Services is affected by by, or depends upon, for its the completion and/or proper execution, execution of the Additional Works, promptly report to WCH in writing promptly, and prior to proceeding with that part of the affected Works or and/or the applicable Project Co Services, report to ▇▇▇▇▇ in writing any readily apparent deficiencies in the Additional Works. Failure by Project Co to so report shall invalidate any claims against WCH ▇▇▇▇▇ by reason of such readily apparent deficiencies; and (v) where WCH has assigned to Project Co the matters referred to in Section 9.6(a) and subject to the performance by WCH of its obligations under Sections 9.6(b)(i) and 9.6(b)(ii), for the Additional Contractors and in respect to such Additional Works, assume overall responsibility for compliance with all aspects of Applicable Law relating to health and safety, including all the responsibilities of the ‘constructor’ under the Occupational Health and Safety Act (Ontario) prior to Interim Completion in respect of the Works relating to the Phase 1 Facility and prior to Substantial Completion in respect of the Works relating to the Facility and, at the request of WCH exercised in a manner consistent with the said Act, at any time that Project Co is acting as a ‘constructor’ on the Site following Interim Completion in respect of the Phase 1 Facility and following Substantial Completion in respect of the Facility. (d) In the case If, in respect of Additional Works carried out prior to Interim Completion in respect of the Phase 1 Facility and prior to Substantial Completion in respect of the Phase 2 Facility, ifCompletion: (i) any Additional Contractors cause any damage to the Works; (ii) to the extent that ▇▇▇▇▇ has assigned responsibility for such matters to Project Co pursuant to Section 9.6(a), Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any Additional Contractors not complying with the coordination, scheduling and safety instructions of Project CoCo regarding methods and means of construction, coordination and scheduling or safety; or (iii) subject to the performance by Project Co of its obligations under Sections 9.6(c)(i), (ii), (iii) and (v), if Project Co incurs any additional costs or there is any delay in the Works Schedule as a result of any such Additional Works (other than Additional Work that is required to meet the Output Specifications and Works, then, provided such Additional Work delay in the Works Schedule or additional costs is performed by such Additional Contractors in accordance with Good Industry Practice and in accordance with the terms not as a result of their respective contracts Project Co’s failure to perform its obligations under Sections 9.6(c) or engagements with WCH) thenany act or omission of Project Co or a Project Co Party, any such delay in the Works Schedule or additional costs in respect of the Works shall, subject to and in accordance with Section 37, be treated as a Delay Event and, subject to and in accordance with Section 38, be treated as a Compensation Event. (e) Claims, disputes, and other matters in question between Project Co and Additional Contractors shall be dealt with in substantially the same manner as contemplated in Schedule 27 – Dispute Resolution Procedure, provided the Additional Contractors have are subject to binding reciprocal obligations and WCH has made commercially reasonable efforts to ensure that such provisions are included in the contracts with between ▇▇▇▇▇ and the Additional Contractors. Project Co shall be deemed to have consented to arbitration of any dispute with any other contractor Additional Contractor whose contract with WCH ▇▇▇▇▇ contains a similar binding reciprocal agreement to arbitrate. (f) In connection with the Additional Works, Project Co may propose a Variation as follows: (i) Project Co shall have a period of 10 Business Days following notice from WCH ▇▇▇▇▇ of WCH’s ▇▇▇▇▇’▇ intention to carry out such Additional Works including a reasonable description of such Additional Works to request propose a Variation if such Additional Works are (A) reasonably expected to make void a warranty made in favour of Project Co from a Project Co Party or equipment supplier and given in accordance with Good Industry Practice, void or (B) reasonably expected to have a material negative consequence effect on Project Co’s ability to perform any of the Project Operations, including a material delay in the Works or material additional costs in respect of the Works; (ii) if Project Co has made a request for proposed a Variation in accordance with Section 9.6(f)(i), WCH ▇▇▇▇▇ shall, within 10 Business Days of such requestproposal, either issue a Variation Enquiry or give notice to Project Co that it does not agree that a Variation is required; (iii) either Party may refer the question of whether a Variation is required as the result of a warranty risk or risk in the performance of Project Operations pursuant to Section 9.6(f)(i) for resolution in accordance with Schedule 27 - – Dispute Resolution Procedure; and (iv) where WCH ▇▇▇▇▇ has, under Section 9.6(f)(ii), given notice to Project Co that it does not agree that a Variation is required, WCH ▇▇▇▇▇ shall, within 10 Business Days of a subsequent agreement or of a determination that a Variation is required, issue a Variation Enquiry and the relevant provisions of Schedule 22 - – Variation Procedure shall apply except that: (A) WCH ▇▇▇▇▇ shall not be entitled to withdraw any such Variation Enquiry unless WCH ▇▇▇▇▇ determines not to proceed with the Additional Works or to proceed only in a manner that the Additional Works will not result in a warranty becoming void (as contemplated in Section 9.6(f)(i)) or will not result in any material negative consequence effect (including material additional costs) on Project Co’s ability to perform any of the Project Operations and Project Co has agreed with such conclusion, or the Parties otherwise agree; and (B) the Parties shall, without prejudice to their respective general obligations to comply with the terms of under this Project Agreement, use commercially reasonable efforts to mitigate the any adverse effects of such Additional Works, including, with respect to any void or voidable warranty and take commercially reasonable steps to minimize any increase in costs arising from any void warrantytherefrom. (g) Placing, installing, applying or connecting the Additional Works performed by Additional Contractors, Contractors on and to the Works performed by Project Co will not relieve Project Co from its obligations under the this Project Agreement with respect to the Works, except to the extent Project Co is entitled to a Delay Event in accordance with Section 9.6(d) or as expressly described in any Variation Confirmation.