Common use of Access and Use Rights to Cease Clause in Contracts

Access and Use Rights to Cease. Upon termination of this Agreement, Design-Builder shall cease to have any right of access to and use of the City Lands and the Infrastructure other than as is available to any member of the public and, if Design-Builder fails to comply with this Section 3.15 [Access and Use Rights to Cease], it shall indemnify the City against any Direct Losses incurred by the City in consequence of such failure. Notwithstanding the foregoing sentence, if termination of this Agreement occurs prior to the expiry of the Construction Period, the City shall permit Design-Builder reasonable access and use of the City Lands, as soon as reasonably practical and during the one-month period (or such longer period as Design- Builder demonstrates is reasonably required) following termination of this Agreement, to demobilize and remove any of Design-Builder’s equipment and materials from the City Lands. If termination of this Agreement occurs following the Construction Period and prior to expiry of the Term, any access by Design-Builder to and use of the City Lands in order to demobilize and remove any of Design-Builder’s equipment and materials shall be at such times and for such periods as the City may, in its discretion, determine, having regard to potential interference with or effect on the operation of the Capital Line South LRT Extension or access by the public thereto. Design-Builder shall, in the event this Agreement is terminated pursuant to Section 14.1(a) for a Termination Event, indemnify the City against any Direct Losses incurred by the City in consequence of Design-Builder accessing and using the City Lands and Infrastructure after termination of this Agreement pursuant to this provision. In all other cases of the early termination of this Agreement, Design-Builder shall be required to indemnify the City for Direct Losses associated with the foregoing access and use of the City Lands to the extent the Legal Fault of Design- Builder caused or contributed to the Direct Losses.

Access and Use Rights to Cease. Upon termination of this Agreement, Design-Builder Project Co shall cease to have any right of access to and use of the City Lands and the Infrastructure other than as is available to any member of the public and, if Design-Builder Project Co fails to comply with this Section 3.15 4.14 [Access and Use Rights to Cease], it shall indemnify the City against any Direct Losses incurred by the City in consequence of such failure. Notwithstanding the foregoing sentence, if termination of this Agreement occurs prior to the expiry of the Construction Period, the City shall permit Design-Builder Project Co reasonable access and use of the City Lands, as soon as reasonably practical and during the one-month period (or such longer period as Design- Builder Project Co demonstrates is reasonably required) following termination of this Agreement, to demobilize and remove any of Design-BuilderProject Co’s equipment and materials from the City Lands. If termination of this Agreement occurs following the Construction Period and prior to expiry of the Term, any access by Design-Builder Project Co to and use of the City Lands in order to demobilize and remove any of Design-BuilderProject Co’s equipment and materials shall be at such times and for such periods as the City may, in its discretion, determine, having regard to potential interference with or effect on the operation of the Capital Valley Line South West LRT Extension or access by the public thereto. Design-Builder Project Co shall, in the event this Agreement is terminated pursuant to Section 14.1(a15.2(a) for a Termination Event, indemnify the City against any Direct Losses incurred by the City in consequence of Design-Builder Project Co accessing and using the City Lands and Infrastructure after termination of this Agreement pursuant to this provision. In all other cases of the early termination of this Agreement, Design-Builder Project Co shall be required to indemnify the City for Direct Losses associated with the foregoing access and use of the City Lands to the extent the Legal Fault of Design- Builder Project Co caused or contributed to the Direct Losses.