Common use of Obligations of the Client Clause in Contracts

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Obligations of the Client. (a) 4.1 The Client shall take all necessary steps to eliminate or remedy any obstacles to or interruptions in the performance of the Services. 4.2 So far as it is permitted by law, the Client acknowledges that, it has the full power and authority not been induced to enter into the Contract in reliance upon, nor has it been given, any warranty, representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in these General Conditions and, to the extent that it has been, it unconditionally and perform its obligations under this Agreementirrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto. Any conditions or stipulations included in the Client standard form documents which are inconsistent with, or which purport to modify or add to, these General Conditions shall have no effect unless expressly accepted in writing by SGS. (b) 4.3 The Client has passed all necessary By-Laws shall only communicate of any SGS Certificate and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate Report entirely. The Client may not reproduce or publish extracts of any SGS Certificate or Report if the Facilities, (including, without limitation, name of SGS appears in any Authorizations required from the Local Planning Appeal Tribunal and the Ministry way. The Client shall not disclose details of the Environmentway in which SGS performs, Conservation and Parks (MECP)), and the Authorizations are in good standingconducts or executes its operations. SGS reserves its rights to take all appropriate legal measure for any breach of this clause. (c) The Client has provided OCWA with a true copy of each 4.4 If facts that could affect the accuracy of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this AgreementCertificate, including draft versions thereof, issued by SGS are discovered by the Client, the GHG Programme Regulator, or by any third party, after the issuance of such Certificate, SGS shall be informed accordingly by the discovering Party and shall issue a certified copy of each municipal By-Law required to authorize new Certificate specifically addressing the reasons for its revision and declare the old Certificate as invalid. SGS shall invoice the Client for the additional costs incurred for the issuance of the new Certificate. If tradable emission reduction credits or emission allowances were issued based on the old SGS Certificate, or if the emission reductions verified were or were to enter into be sold in any other way, it is the responsibility of the Client to: (i) inform all third parties concerned by the cancellation of the old Certificate and perform its obligations under this Agreementof the issuance of the new replacement Certificate; (ii) take all steps necessary for the sale transaction to reflect the accurate emission reductions verified as confirmed in the new Certificate issued; and (iii) cancel excess emission reduction units still in possession of the Client or any third party. (d) As 4.5 If SGS submits the owner Report or Certificate to a registry for issuance of the Facilitiesemission reduction credits or emission allowances, the Client is fully aware shall verify if there are discrepancies between the amount of its responsibilities and obligations regarding credits or allowances issued by the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act registry and the Occupational Health and Safety Act (amount stated in the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at SGS Report or Certificate within 48 hours of such issuance by the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilitiesregistry. The Client acknowledges shall inform SGS and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location registry operator of any designated substances in over or under issuance of credits or allowances within 48 hours of such discovery. SGS shall not be liable for the Facilitiesselling of over issued credits or allowances, particularly if the Client did not perform the above required verification.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the FacilitiesFacility, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal Ontario Municipal Board and the Ministry of the Environment, Conservation Environment and Parks (MECP)Climate Change), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesFacility, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities Facility under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Ontario Water Resources Act, 2002 R.S.O. 1990, c. O.40. (the “SDWAOWRA”), the Ontario Water Resources Act ) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no known Pre-existing Conditions existing at the Facilities Facility which would affect OCWA’s ability to operate the Facilities Facility in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are Facility is in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the FacilitiesFacilities except at the Paris WPCP and St. ▇▇▇▇▇▇ WPCP Facilities where asbestos containing material has been identified at both sites. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the FacilitiesFacility.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Ontario Land Tribunal (OLT) and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph Section 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client acknowledges and agrees that it is not aware of the presence of any responsible for dealing with designated substances substances, as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations regulations, and to notify OCWA of the location of any designated substances in the Facilities. Any designated substances have been identified through surveys and have been documented and copies provided to OCWA. For clarity, designated substances include, but are not limited to, asbestos and lead.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the FacilitiesFacility, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesFacility, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities Facility under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Ontario Water Resources Act, 2002 R.S.O. 1990, c. O.40 (the “SDWAOWRA”), the Ontario Water Resources Act ) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities Facility which would affect OCWA’s ability to operate the Facilities Facility in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are Facility is in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the FacilitiesFacility. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the FacilitiesFacility.

Obligations of the Client. (a) 4.1 The Client cannot derive any rights from the advice and information he receives from Hytech- Pommec if this is not directly related to the Agreement and/or the Offer. 4.2 The Client is committed to the timely and complete provision and is responsible for any drawings, calculations, designs and/or other information provided in the frame of the Agreement and/or the Offer to Hytech-Pommec. The Client shall indemnify Hytech-Pommec of any claim made by third parties in relation to the use of drawings, calculations, designs and/or other information, materials, samples, models and such provided by the Client. 4.3 The Client shall guarantee Hytech-Pommec the availability of all documents and permits which are required in relation to the import and/or export of Products and/or the stay of persons working on the Services for or on behalf of Hytech-Pommec. 4.4 When any obligations which stem from the Agreement must be performed in a location outside the Hytech-Pommec company, the Client shall guarantee to Hytech-Pommec that Hytech-Pommec will always be able to implement the Agreement in a timely manner and without any interruption or restriction. The Client shall always ensure the timely provision of all necessary facilities, adequate access, exemptions, permits, precaution and safety measures, etc. Hytech-Pommec has the full power right to investigate the safety of the work place and authority working conditions before commencing the performance of the Agreement. If Hytech- Pommec has legitimate fears regarding the safety of the work place and/or working conditions, it is within its rights in not commencing the work or suspending the work until the Client has taken sufficient measures to enter into ensure the safety, at its own expense. 4.5 In addition to the provisions of clause 4.4, the Client shall always provide any support that Hytech-Pommec reasonably deems necessary for the implementation of the Agreement, free of charge. 4.6 The Client shall ensure that all information provided by Hytech-Pommec in the context of the Agreement and/or Offer is strictly confidential, and perform shall only use such information if and insofar as this is required for the implementation of the Agreement. The Client shall return all information provided by Hytech-Pommec upon Hytech-Pommec’s first request. 5 CLIENT’S SUPPLIES AND DELIVERIES 5.1 If agreed upon between Client and Hytech-Pommec, the Client shall, at its obligations own risk and expense, supply all articles as specifically listed in the Specifications (“Client’s Supplies and Deliveries”) to Hytech-Pommec at Hytech-Pommec’s site in a condition ready for installation in the Product and by the date notified in writing by Hytech-Pommec to meet the requirements of the production process. 5.2 Should the Client for any reason fail to deliver to Hytech-Pommec any item of Client’s Supplies and Deliveries including the necessary plans, instruction books, documents, test reports and certificates mentioned below by the date so notified, provided such notification was submitted by Hytech-Pommec to the Client reasonably in advance of the date when the item was required, the contractual delivery date or the revised delivery date of the Product shall be automatically deferred by the period of any delay in the construction of the Product caused thereby and the Client shall pay to Hytech-Pommec all expenses, interest and damages reasonably incurred by Hytech-Pommec due to such delay. 5.3 If such delay exceeds fourteen (14) Days, Hytech-Pommec may arrange for the supply of such items itself, at the Client’s expense, without prejudice to Hytech-Pommec’s other rights under this Agreement. (b) The Client has passed all necessary By5.4 In order to facilitate the installation of Client’s Supplies and Deliveries in the Product by Hytech-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesPommec, the Client is fully aware shall at its own expense furnish Hytech-Pommec with the necessary plans, instruction books, documents, test reports and certificates required by applicable rules or regulations, and if requested by Hytech-Pommec, shall use all reasonable endeavours, at its own expense, to cause the manufacturers of its responsibilities Client’s Supplies and obligations regarding Deliveries to assist Hytech-Pommec in the operation installation thereof in the Product or to make any necessary adjustment thereto at Hytech-Pommec’s site. 5.5 The Client shall be liable for all the costs incurred by Hytech-Pommec in the repair or replacement of Client’s Supplies and maintenance Deliveries occasioned by their defective material or poor workmanship or failure to perform, or by damage caused to them during transportation to Hytech-Pommec’s site. The contractual delivery date or the revised delivery date of the Facilities under Applicable Laws, including without limitation its responsibilities under Product shall be automatically deferred by the Safe Drinking Water Act, 2002 (period of any delay in the “SDWA”), construction of the Ontario Water Resources Act Product caused by such repair or replacement of Client’s Supplies and the Occupational Health Deliveries and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing pay to Hytech-Pommec all expenses and damages reasonably incurred by Hytech-Pommec due to such Pre-existing Conditionsdelay. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal Ontario Municipal Board and the Ministry of the Environment, Conservation Environment and Parks (MECP)Climate Change), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Obligations of the Client. Under this Agreement: (a) The Client has shall credit, before sending the full power sell/buy order, the dedicated account and authority the financial instruments account opened with the Intermediary, with money and/or financial instruments sufficient to enter into make the transaction. Where the services of a custodian agent are used, the Client shall transmit to the former, in due time, the settlement instructions in order to ensure there are enough funds for the execution of the order transmitted and perform its obligations under this Agreement.the settlement of the transaction; (b) The Client has passed all necessary By-Laws shall pay the fees, taxes and has obtained all necessary Authorizations other costs due to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing.Intermediary hereunder; (c) The Client has provided OCWA with a true copy of each shall make, to the benefit of the Authorizations referred to Intermediary and at the latter’s request, in Paragraph 3.1(b) above prior to view of guaranteeing the date possibility of this Agreementexecution by the Intermediary of the transaction settlement obligations, including a certified copy of each municipal By-Law required to authorize pledge on the Client to enter into and perform its obligations under this Agreement.financial instruments and/or money deposited with the custodian agent and/or the Intermediary; (d) As The Client shall provide the owner of Intermediary with the Facilities, information and documents requested as per the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act applicable regulations and the Occupational Health and Safety Act (the “OHSA”) and their regulations.provisions hereof; (e) The Client confirms that there are no Pre-existing Conditions existing is bound to notify at once the Intermediary regarding the change in any information provided at the Facilities which would affect OCWA’s ability to operate time of the Facilities signing hereof, in compliance with the terms provisions of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditionsagreement. (f) The Client confirms that as of undertakes to notify in writing the date of execution of this Agreement, to the best of Intermediary on the Client’s knowledgecapacity / acquiring the capacity of insider of one or several issuers, as stipulated in the NSC regulations. The Client understands that, in the absence of a prior notice, the Facilities are lawfulness of the trading orders executed by the Intermediary in compliance with all Applicable Lawsthe Client’s account is the Client’s responsibility. (g) The Client is not aware undertakes, in case of buying or selling securities issued by a company, which causes the rights of vote held by the Client to reach, exceed or fall under one of the presence thresholds of any designated substances as defined under 5%, 10%, 20%, 33%, 50%, 75% or 90% of the Occupational Health and Safety Act (the “OHSA”) total rights of vote, to notify in writing, at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA same time, within no more than 3 business days as of the location of any designated substances in respective operation was acknowledged, the FacilitiesIntermediary, the issuing company, NSC and the market on which the respective securities are traded, according to the NSC regulations.

Obligations of the Client. (a) 8.1 The Client has shall provide the full power Supplier with an estimate in writing of the number of Payment Instructions it will be issuing and authority the anticipated total amount of payments to enter into and be made pursuant to this Agreement, together with such other information as the Supplier may reasonably require to enable it to perform its obligations under this Agreement. (b) The 8.2 In consideration of the Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter entering into and perform its obligations under this Agreement and to operate with the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the FacilitiesSupplier, the Client is fully aware agrees to pay the Supplier an advance payment of [insert advance payment] (Advance Payment). 8.3 Should the Supplier use whole or part of the Advance Payment the Client agrees to reimburse the Supplier the amount corresponding immediately. 8.4 The Client be responsible for (and must ensure) compliance with all laws, regulations and guidelines relating to the making of the Payment of its responsibilities Customers and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement the Payment Instructions, and Applicable Lawsin particular, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (fand must ensure) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Lawsanti-money laundering, counter-terrorism, financial services and similar, laws, regulations and guidelines in its dealings with the Customers and in relation to the making of Payments to the Customers by the Supplier and Post Office. (g) 8.5 The Client acknowledges the neither the Supplier or the Post Office is not aware solely responsible for the accuracy and consistency of all data provided to Post Office to enable Post Office to generate all Barcodes and/or barcode data and (if appropriate under any Scheme) the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the FacilitiesPayment Instructions. The Client acknowledges and agrees that neither the Supplier or the Post Office have any responsibility to check or verify such data. 8.6 The Client shall use reasonable endeavours that it will not issue a Client Requirement Document to the Supplier, which is or could be (in the opinion of the Supplier) detrimental to or inconsistent with the good name, goodwill or reputation of the Supplier and Post Office and in breach of the same the Client will indemnify the Supplier against direct losses and damages suffered or incurred by it as a result of any breach of this provision. 8.7 The Client acknowledges that once the form of a given Payment Instruction under a Scheme has been approved by Post Office it will not be changed in any material respect without Post Office’s prior written consent. 8.8 The Client acknowledges that if under the terms of any Scheme, in which the Supplier and Post Office has agreed to dispatch Payment Instructions to Customers then its obligation will be limited to placing the Payment Instructions into the UK postal system for delivery in the manner and on the basis agreed under the terms of the Operations Specification (or in the absence of such agreement by normal second class post). 8.9 In the event that the Client is to produce and print the Payment Instruction, the Client shall be responsible for dealing ensuring that the Payment Instructions include a Barcode which is compatible with Post Office Systems. 8.10 Where the designated substances (including but Client’s Balance falls below the Required Balance and becomes indebted to the Supplier, the Client must repay the indebtedness to the Supplier immediately. In the event that the Client does not limited repay the indebtedness, the Supplier reserves the right to asbestos suspend Services immediately and lead) in accordance with deduct the OHSA and its regulations and to notify OCWA of monies owed from the location of any designated substances in the FacilitiesAdvance Payment, if applicable.

Obligations of the Client. (a) The Client has the full power and authority to enter into and perform its obligations under this Agreement. (b) The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Local Planning Appeal Tribunal and the Ministry of the Environment, Conservation and Parks (MECP)), and the Authorizations are in good standing. (c) The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.1(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement. (d) As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the “SDWA”), the Ontario Water Resources Act (“OWRA”) and the Occupational Health and Safety Act (the “OHSA”) and their regulations. (e) The Client confirms that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA’s ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule F. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions. (f) The Client confirms that as of the date of execution of this Agreement, to the best of the Client’s knowledge, the Facilities are in compliance with all Applicable Laws. (g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the “OHSA”) at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos and lead) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.