Common use of Additional Access Clause in Contracts

Additional Access. 8.4.1 Without prejudice to the Concessionaire’s right to refer any matter to the Minister in accordance with section 7(1) of the Transportation Investment Act in the circumstances described therein, and subject to Section 8.4.3 and Section 8.6 [Acquisition of Land by Concessionaire], the Concessionaire at its expense will obtain, and will bear all costs and charges in respect of and all Losses or Claims arising from, any access to and use of any land outside the Site and the Adjacent Areas required to enable the Concessionaire to perform its obligations under this Agreement additional to that required to be provided by the Province pursuant to Section 8.1 [Access for Concessionaire]. The Concessionaire will bear all costs, charges and expenses in respect of and all Losses or Claims arising from any action taken by the Minister as a result of any reference by the Concessionaire to the Minister pursuant to section 7(1) of the Transportation Investment Act. Prior to obtaining any access to or rights to use any land outside the Site and Adjacent Areas pursuant to this Section, the Concessionaire will provide the Province with evidence satisfactory to the Province that the acquisition of such access or rights and the use of such land for the purpose of enabling the Concessionaire to perform its obligations under this Agreement will not require an amendment to the Environmental Assessment Certificate or an application for a new certificate under any Environmental Laws. 8.4.2 The Concessionaire acknowledges that the Province has entered into the BC Rail Agreements to provide for access to and use of the BC Rail Lands necessary in connection with the Operations. The Concessionaire will observe and comply with and cause all of its agents, contractors and subcontractors of any tier and employees of any of them to observe and comply with the terms and conditions set out in the BC Rail Agreements, and the Concessionaire will not take or omit to take or permit to be taken or omitted any action that would breach any of the terms of or requirements contained in the BC Rail Agreements. 8.4.3 If and to the extent that the Concessionaire requires such access for the Olympic Requirements Works, the Province will use commercially reasonable efforts to provide the Concessionaire with access to each parcel of the Required BC Rail Lands, in accordance with and subject to the terms of the BC Rail Agreements, by no later than the date set out opposite the Required BC Rail Lands parcel included in the lands identified in Part 11 of Schedule 4 [Required BC Rail Lands]. The Concessionaire, at its expense and in accordance with and subject to the terms of the BC Rail Agreements, will be responsible for obtaining, and will bear all costs and charges in respect of and any Losses or Claims arising from, any access to and use of any other portions of the BC Rail Lands required to enable the Concessionaire to perform its obligations under this Agreement.