Common use of Additional Access Clause in Contracts

Additional Access. 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 8.6 [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 or caused to be provided by the Province pursuant to Section 8.1 [Access for Concessionaire over the Site and Adjacent Areas]. 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 the 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 any amendment, cancellation or reconsideration of any Environmental Authorization, or trigger any assessment pursuant to Environmental Laws. If the Concessionaire requires access to or use of any land outside the Site and the Adjacent Areas in order to comply with or otherwise as a result of any Province Change, or by reason of the occurrence of any Compensation Event or Force Majeure event, then the costs and other consequences (including any consequences relating to any Environmental Authorizations or Environmental Laws) of obtaining such access or use of land outside the Site and the Adjacent Areas shall be taken into account in calculating any compensation or other payment, extension of time or other relief to be granted pursuant to the terms of this Agreement.