Condition of the Lands. Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall: (a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14. Notwithstanding the foregoing in this Section 4.9(a), during the Construction Period the Province will bear the risk of damage to bridge structures, including without limitation sign bridge structures, on the Lands which exist as of the Execution of this Agreement and related to Highway 8/Glenmore Trail between ▇▇▇▇ Creek Boulevard and east of ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇/▇▇▇▇▇▇ Trail between 69 Street SW and east of ▇▇▇▇▇▇▇ Trail S, and on 37 Street from ▇▇▇ ▇▇▇▇▇▇ ▇▇ to ▇▇▇▇▇▇▇▇ Road, caused by: (i) any person other than the Contractor, its agents or subcontractors or others for whom the Contractor is legally responsible; and (ii) any other incident or discrete event; (collectively, “In-Service Roadway Damage Events”). Upon the occurrence of an In-Service Roadway Damage Event, the Province is obligated to repair the damage, and to that end the Province shall direct the Contractor to repair the damage, and the Contractor shall repair the damage and invoice the Province the amount to which the Contractor would be entitled if the work were a Change Order Directive governed by Schedule 1 (Change Orders); (b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements; (c) not stockpile any material on the Lands (applicable to the Priority New Infrastructure) except during the PNI Construction Period and on the Lands (applicable to the Remaining New Infrastructure) except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise carrying out construction, maintenance or repair activities under this Agreement; (d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and (e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws), with the exception only of: (i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement, provided that if such pre-existing Environmental Damage or Degradation is required to be dealt with in order to carry out the Project or the O&M, the Contractor shall do so and claim relief arising in connection therewith under Section 13.2(e); and (ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the Project or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observing and carrying out of the Technical Requirements by the Contractor (including without limitation, the reasonable and prudent use of road salt) shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.9, nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (e) of this Section.
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Condition of the Lands. Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall:
(a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14. Notwithstanding the foregoing in this Section 4.9(a), during the Construction Period the Province will bear the risk of damage to bridge structures, including without limitation sign bridge structures, on the Lands which exist as of the Execution of this Agreement and related to Highway 8/Glenmore Yellowhead Trail between ▇▇▇▇ Creek Boulevard 17 Street Northwest and east of ▇▇ ▇▇▇▇▇▇Cloverbar Road, ▇▇▇▇▇▇▇ ▇▇▇/▇▇▇▇▇▇ Henday Drive between Whitemud Drive and Yellowhead Trail and Sherwood Park Freeway between 69 17 Street SW Northwest and east of ▇▇▇▇▇▇▇ Trail S, and on 37 Street from ▇▇▇ ▇▇▇▇▇▇ ▇▇ to ▇▇▇▇▇▇▇▇ Road, Henday Drive caused by:
(i) any person other than the Contractor, its agents or subcontractors or others for whom the Contractor is legally responsible; and
(ii) any other incident or discrete event; (collectively, “In-Service Roadway Damage Events”). Upon the occurrence of an In-Service Roadway Damage Event, the Province is obligated to repair the damage, and to that end the Province shall direct the Contractor to repair the damage, and the Contractor shall repair the damage and invoice the Province the amount to which the Contractor would be entitled if the work were a Change Order Directive governed by Schedule 1 (Change Orders);
(b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements;
(c) not stockpile any material on the Lands (applicable to the Priority New Infrastructure) except during the PNI Construction Period and on the Lands (applicable to the Remaining New Infrastructure) except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise carrying out construction, maintenance or repair activities under this Agreement;
(d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and
(e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws), with the exception only of:
(i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement, provided that if such pre-existing Environmental Damage or Degradation is required to be dealt with in order to carry out the Project or the O&M, the Contractor shall do so and claim relief arising in connection therewith under Section 13.2(e); and
(ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the Project or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observing and carrying out of the Technical Requirements by the Contractor (including without limitation, the reasonable and prudent use of road salt) shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.9, nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (e) of this Section.
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Condition of the Lands. Subject to Sections 11.7, 11.8, and 13.2(e), and subject to the Contractor’s obligations under this Agreement to carry out the Project, the Contractor shall maintain the Lands in good and proper order and repair throughout the duration of this Agreement, and shall:
(a) subject to (e) below, be responsible for repairing all damage to the Lands, however caused, excepting only damage caused by a Force Majeure Event or damage to the extent caused directly by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14. Notwithstanding the foregoing in this Section 4.9(a), during the Construction Period the Province will bear the risk of damage to bridge structures, including without limitation sign bridge structures, on the Lands which exist as of the Execution of this Agreement and related to Highway 8/Glenmore 22X or the Deerfoot Trail between ▇▇▇▇ Creek Boulevard and east of ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇/▇▇▇▇▇▇ Trail between 69 Street SW and east of ▇▇▇▇▇▇▇ Trail S, and on 37 Street from ▇▇▇ ▇▇▇▇▇▇ ▇▇ to ▇▇▇▇▇▇▇▇ Road, caused by:
(i) any person other than the Contractor, its agents or subcontractors or others for whom the Contractor is legally responsible; and
(ii) any other incident or discrete event; (collectively, “In-Service Roadway Highway 22X Damage Events”). Upon the occurrence of an In-Service Roadway a Highway 22X Damage Event, the Province is obligated to repair the damage, and to that end the Province shall direct the Contractor to repair the damage, and the Contractor shall repair the damage and invoice the Province the amount to which the Contractor would be entitled if the work were a Change Order Directive governed by Schedule 1 (Change Orders);
(b) dispose of garbage from the Lands, in accordance with the requirements more particularly set out in the Technical Requirements;
(c) not stockpile any material on the Lands (applicable to the Priority New Infrastructure) except during the PNI Construction Period and on the Lands (applicable to the Remaining New Infrastructure) except during the Construction Period or during and for the purpose of doing major rehabilitation or otherwise carrying out construction, maintenance or repair activities under this Agreement;
(d) not commit or permit by the Contractor’s agents or subcontractors or those for whom the Contractor is legally responsible, any waste or nuisance on the Lands; and
(e) promptly deal with any Environmental Damage or Degradation to the Lands as required by applicable laws (which dealing with may require excavation and removal or may permit implementation of a risk management plan depending upon the applicable laws), with the exception only of:
(i) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) pre-existing as of the date of Execution of this Agreement, provided that if such pre-existing Environmental Damage or Degradation is required to be dealt with in order to carry out the Project or the O&M, the Contractor shall do so and claim relief arising in connection therewith under Section 13.2(e); and
(ii) Environmental Damage or Degradation (including, without limitation, the presence of any Hazardous Substance) caused after the date of Execution of this Agreement by the Province or its agents or contractors (except the Contractor but including, without limitation, those contractors other than the Contractor engaged by the Province under Sections 7.3, 7.4 or 11.8Contractor) or those for whom the Province is legally responsible or caused by any person exercising rights under an Identified Encumbrance, a grant contemplated by the third paragraph of Section 4.1, Future Utilities (as defined in Section 4.8), or a consent contemplated by the last sentence of Section 4.14responsible; which excepted Environmental Damage or Degradation shall be remediated by the Province in such manner and upon such timetable as the Province may determine, provided however that the Province shall ensure that neither the remediation nor any failure or delay by the Province to carry out the remediation interferes with or disrupts or delays the carrying out by the Contractor of the Project or the O&M, as the case may be. The Province acknowledges and agrees that neither the Project itself nor the observing and carrying out of the Technical Requirements by the Contractor (including without limitation, the reasonable and prudent use of road salt) shall of itself constitute a breach of the Contractor’s obligations to maintain the Lands in good and proper order or its obligations under clauses (a) or (d) of this Section 4.9, nor shall it constitute Environmental Damage or Degradation that the Contractor is obligated to rectify under clause (e) of this Section.
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Sources: Dbfo Agreement