Common use of Disclosed Data Clause in Contracts

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data (the “Disclosed Data”) related to the design and construction of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust shall not be liable to the Operator (whether in contract, delict or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) on the part of the Trust or any agent, adviser or contractor of the Trust) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 The Trust gives no warranty or undertaking that the Disclosed Data represents all of the information in its possession or control (either during the tender or bidding for the Project or at the Execution Date) relevant or material to the Project or the obligations undertaken by the Operator under this Agreement. The Trust shall not be liable to the Operator in respect of any failure to disclose or make available (whether before or after the Execution Date) to the Operator any information, documents or data, nor to keep the Disclosed Data up to date, nor to inform the Operator (whether before or after the Execution Date) of any inaccuracy, error, omission, unfitness for purpose, defects or inadequacy of the Disclosed Data. 36.4 The Operator acknowledges and confirms:- 36.4.1 it has conducted its own analysis and review of the Disclosed Data and has before the execution of this Agreement satisfied itself as to the accuracy, completeness and fitness for purpose of all such Disclosed Data upon which it places reliance; 36.4.2 it shall not be entitled to make any claim against the Trust or any of its agents, advisers or contractors, whether in damages or for extensions of time or additional payments under this Agreement, on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or the matters referred to in Clause 36.4.1 or on the grounds that incorrect or insufficient information relating thereto or to the Site was given to it by any person, whether or not in the employ of the Trust; and 36.4.3 it shall not be relieved from any risks or obligations imposed on or undertaken by it under this Agreement on any such ground as is referred to in Clause 36.4.2. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials(a) Except as otherwise expressly provided in any other provisions of this Agreement, documents and data (the “Disclosed Data”) related to the design and construction including Section 2.15(d), or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are Province or may be relevant to the Project and the obligations undertaken by the Operator BCTFA under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided neither the Province nor BCTFA shall have any liability to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust shall not be liable to the Operator Project Co (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or BCTFA or any agent, adviser or contractor of person for whom the TrustProvince is in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 The Trust (b) Neither the Province nor BCTFA gives no or makes, has given or made or shall be deemed to have given or made, any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project, the Project Infrastructure, the Project Site or the obligations undertaken by the Operator Project Co under this Agreement. The Trust Without limiting the generality of the foregoing, neither the Province nor BCTFA shall have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not be liable to arising out of any negligent act or negligent omission on the Operator part of the Province or BCTFA or any person for whom the Province is in law responsible) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Project Co any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Project Co (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data, except for any otherwise valid Claim by Project Co: (i) pursuant to any other express provision of this Agreement or of any other Province Project Document; or (ii) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. 36.4 The Operator acknowledges (c) Project Co acknowledges, represents, warrants and confirms:-confirms that, without prejudice to its express rights under any other provisions of this Agreement, including Section 2.15(d): 36.4.1 it has (i) Project Co shall be deemed to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has before the execution of this Agreement to have satisfied itself as to the accuracy, completeness and fitness for purpose adequacy of all such Disclosed Data upon which it places reliance;has relied upon, adopted or made use of or intends to rely upon, adopt or make use of in carrying out the Project Work; and 36.4.2 it (ii) Project Co shall not be entitled to make make, and shall not make, any claim Claim against the Trust Province or any of its agents, advisers or contractorsBCTFA, whether in damages or for Losses or for extensions of time time, compensation or additional payments or other relief, and whether under this AgreementAgreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by it under this Agreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (A) on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or any of the matters referred to in Clause 36.4.1 Section 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (B) on the grounds that incorrect incorrect, insufficient or insufficient incomplete information relating thereto to the Disclosed Data or to the Project Site or the Infrastructure thereon was given to it by any person, person (whether or not in the employ of the TrustProvince or BCTFA) including any person for whom the Province is in law responsible, the City of Vancouver or any other Governmental Authority, except for an otherwise valid Claim by Project Co: (1) pursuant to any other express provision of this Agreement or of any other Province Project Document; andor 36.4.3 it (2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. The provisions of any paragraph of this Section 2.15(c) do not limit the provisions of any other paragraph of this Section 2.15(c). (d) Notwithstanding the foregoing provisions of this Section 2.15 or any other provision of this Agreement, if a delay is caused to the progress of the Project Work or any additional costs are incurred by Project Co in performing the Project Work that in either case would not otherwise have been experienced or incurred by Project Co in performing its obligations under this Agreement, and such delay or costs are a direct result of an error in the Factual Geotechnical Data (as at the currency date of the relevant Factual Geotechnical Data) upon which Project Co has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Project Infrastructure, then such error in the Factual Geotechnical Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, Project Co shall not be relieved from any risks or obligations imposed on or undertaken by it entitled to relief under this Agreement Section 2.15 if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to Project Co at the relevant time, reasonable in accordance with Good Industry Practice for Project Co to rely on any the Factual Geotechnical Data containing the error or to rely on such ground as is referred to in Clause 36.4.2Factual Geotechnical Data without further investigation or site examination. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials(a) Except as otherwise expressly provided in Section 2.15(e), documents and data (the “Disclosed Data”) related to the design and construction of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than except in the case of fraud or negligent misrepresentationCompensation Events described in subsections (f), (p) and (q) of the Trust shall not be liable definition of Compensation Event in Section 1.1 [Definitions] of Schedule 1 (subject to the Operator provisions of Part 8 [Supervening Events]), neither the Province nor BCTFA shall have any liability to the Concessionaire (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or BCTFA or any agent, adviser or contractor of person for whom the TrustProvince is in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 The Trust gives no (b) Neither the Province nor BCTFA gives, has given or shall be deemed to have given, any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project, the Project Infrastructure, the Project Site or the obligations undertaken by the Operator Concessionaire under this Agreement. The Trust Without limiting the generality of the foregoing, neither the Province nor BCTFA shall not be liable have any liability to the Operator Concessionaire (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the part of the Province or BCTFA or any person for whom the Province is in law responsible) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Concessionaire any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Concessionaire (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.4 (c) The Operator acknowledges Concessionaire acknowledges, represents, warrants and confirms:-confirms that, without prejudice to its rights under Section 2.15(e) and its rights under this Agreement with respect to Compensation Events described in subsections (f), (p) and (q) of the definition of Compensation Event in Section 1.1 [Definitions] of Schedule 1: 36.4.1 it has (i) the Concessionaire shall be deemed to have conducted prior to executing this Agreement its own analysis and review of the Disclosed Data and has before the execution of this Agreement to have satisfied itself as to the accuracy, completeness and fitness for purpose of all such Disclosed Data upon which it places reliance;; and 36.4.2 it (ii) the Concessionaire shall not be entitled to make make, and shall not make, any claim Claim against the Trust Province or any of its agents, advisers or contractorsBCTFA, whether in damages or for Losses or extensions of time or additional payments or other relief, and whether under this AgreementAgreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by it under this Agreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (A) on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or any of the matters referred to in Clause 36.4.1 Section 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (B) on the grounds that incorrect or insufficient information relating thereto to the Disclosed Data or to the Site Specified Concession Lands, the Specified Other Highway Lands, any Non-Province Controlled Lands that may or do become Port Lands or Municipal Lands, the Original Concession Infrastructure, the Original Other Highway Infrastructure, the Original Port Infrastructure or the Original Municipal Infrastructure was given to it by any person, whether or not in the employ of the TrustProvince or BCTFA, except for an otherwise valid Claim by the Concessionaire: (1) pursuant to any other express provision of this Agreement or of any other Province Project Document; andor 36.4.3 it (2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. (d) The provisions of any subsection of Section 2.15(c) do not limit the provisions of any other subsection of Section 2.15(c). (e) Notwithstanding the foregoing provisions of this Section 2.15 [Disclosed Data] or any other provision of this Agreement, if a delay is caused to the progress of the Construction Activities prior to the Total Completion Date or any additional costs are incurred by the Concessionaire in performing the Construction Activities prior to the Total Completion Date that in either case would not otherwise have been experienced or incurred by the Concessionaire in performing its obligations under this Agreement, and such delay and/or costs are a direct result of: (i) a factual error (as at the currency date of the relevant bore hole or test pit log or survey data) in any of the Geotechnical and Survey Data upon which the Concessionaire has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Primary Infrastructure Components, then such factual error in the Geotechnical and Survey Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, the Concessionaire shall not be relieved from any risks or obligations imposed on or undertaken by it entitled to relief under this Section if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to the Concessionaire at the relevant time, reasonable in accordance with Good Industry Practice for the Concessionaire to rely on the Geotechnical and Survey Data containing the factual error or to rely on such Geotechnical and Survey Data without further investigation or site examination; or (ii) a discrepancy between the boundaries of any parcel of Specified Concession Lands or Specified Other Highway Lands (in each case excluding any Future Railway Lands) as shown on the Land Identification AutoCAD Drawings, and the boundaries of the parcel of Specified Concession Lands or Specified Other Highway Lands (in each case excluding any Future Railway Lands) as made available to the Concessionaire pursuant to Section 3.1 [Provision of Project Site], then such discrepancy shall constitute a Compensation Event pursuant to subsection (b) of the definition of “Compensation Event” in Section 1.1 [Definitions] of Schedule 1. It is understood and agreed that the final boundaries of the Future Railway Lands are to be defined in the Railway Crossing Agreements or Railway Orders in respect of the Future Railway Lands to be obtained pursuant to Part 6 [Railway Agreements] of Schedule 8, and that any discrepancy between the boundaries of any Future Railway Lands as shown on the Land Identification AutoCAD Drawings and the boundaries of such Future Railway Lands as made available to the Concessionaire pursuant to this Agreement on any such ground as is referred shall not constitute a Compensation Event pursuant to subsection (b) of the definition of “Compensation Event” in Clause 36.4.2Section 1.1 [Definitions] of Schedule 1. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials(a) Except as otherwise expressly provided in any other provisions of this Agreement, documents and data (the “Disclosed Data”) related to the design and construction including Section 2.15(d), or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator Province under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided neither the Province nor BCTFA shall have any liability to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust shall not be liable to the Operator Project Co (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or BCTFA or any agent, adviser or contractor of person for whom the TrustProvince is in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 The Trust (b) Neither the Province nor BCTFA gives no or makes, has given or made or shall be deemed to have given or made, any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project, the Project Infrastructure, the Project Site or the obligations undertaken by the Operator Project Co under this Agreement. The Trust Without limiting the generality of the foregoing, neither the Province nor BCTFA shall have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not be liable to arising out of any negligent act or negligent omission on the Operator part of the Province or BCTFA or any person for whom the Province is in law responsible) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Project Co any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Project Co (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data, except for any otherwise valid Claim by Project Co: (i) pursuant to any other express provision of this Agreement or of any other Province Project Document; or (ii) in respect of any breach of any express obligation of the Province under this Agreement or under any other Province Project Document. 36.4 The Operator acknowledges (c) Project Co acknowledges, represents, warrants and confirms:-confirms that, without prejudice to its express rights under any other provisions of this Agreement, including Section 2.15(d): 36.4.1 it has (i) Project Co shall be deemed to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has before the execution of this Agreement to have satisfied itself as to the accuracy, completeness and fitness for purpose adequacy of all such Disclosed Data upon which it places reliance;has relied upon, adopted or made use of or intends to rely upon, adopt or make use of in carrying out the Project Work; and 36.4.2 it (ii) Project Co shall not be entitled to make make, and shall not make, any claim Claim against the Trust Province or any of its agents, advisers or contractorsBCTFA, whether in damages or for Losses or for extensions of time time, compensation or additional payments or other relief, and whether under this AgreementAgreement or otherwise, and shall not be released from any risks or obligations imposed on or undertaken by it under this Agreement or any other Province Project Document, on any grounds relating to the Disclosed Data, including: (A) on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or any of the matters referred to in Clause 36.4.1 Section 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (B) on the grounds that incorrect incorrect, insufficient or insufficient incomplete information relating thereto to the Disclosed Data or to the Project Site or the Infrastructure thereon was given to it by any person, person (whether or not in the employ of the TrustProvince or BCTFA) including any person for whom the Province is in law responsible, a Municipality or any other Governmental Authority, except for an otherwise valid Claim by Project Co: (1) pursuant to any other express provision of this Agreement or of any other Province Project Document; andor 36.4.3 it (2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement or under any other Province Project Document. The provisions of any paragraph of this Section 2.15(c) do not limit the provisions of any other paragraph of this Section 2.15(c). (d) Notwithstanding the foregoing provisions of this Section 2.15 or any other provision of this Agreement, if a delay is caused to the progress of the Project Work or any additional costs are incurred by Project Co in performing the Project Work that in either case would not otherwise have been experienced or incurred by Project Co in performing its obligations under this Agreement, and such delay and/or costs are a direct result of an error in the Factual Geotechnical Data (as at the currency date of the relevant Factual Geotechnical Data) upon which Project Co has reasonably and in accordance with Good Industry Practice relied in the design and construction of the Project Infrastructure, then such error in the Factual Geotechnical Data shall constitute a Compensation Event and the provisions of Part 8 [Supervening Events] shall apply. For greater certainty, Project Co shall not be relieved from any risks or obligations imposed on or undertaken by it entitled to relief under this Agreement Section 2.15 if and to the extent that it was not, in all the relevant circumstances and having regard to any other information known to Project Co at the relevant time, reasonable in accordance with Good Industry Practice for Project Co to rely on any the Factual Geotechnical Data containing the error or to rely on such ground as is referred to in Clause 36.4.2Factual Geotechnical Data without further investigation or site examination. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data (the “Disclosed Data”) related to the design and construction Except as otherwise expressly provided in any other provision of this Agreement or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator Province under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust Province shall not be liable have any liability to the Operator Project Co (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or any agent, adviser or contractor of the TrustProvince Person) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 . The Trust gives no Province does not give, has not given nor shall the Province be deemed to have given any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project Project, the Facility, the Site or the obligations undertaken by the Operator Project Co under this Agreement. The Trust Without limiting the generality of the foregoing, the Province shall not be liable have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the Operator part of the Province or any Province Person) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Project Co any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Project Co (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data.. Project Co acknowledges, represents, warrants and confirms that: 36.4 The Operator acknowledges and confirms:- 36.4.1 it has (a) Project Co shall be deemed to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has before the execution of this Agreement satisfied itself as to the accuracy, completeness completeness, applicability and fitness for purpose adequacy of all such Disclosed Data upon which it places reliance;; and 36.4.2 it (b) Project Co shall not be entitled to make make, and shall not make, any claim against the Trust Province or any of its agentsProvince Person, advisers or contractors, any other Governmental Authority whether in damages or for losses or for extensions of time time, compensation or additional payments or other relief, and whether under this AgreementAgreement or otherwise, on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or the matters referred to in Clause 36.4.1 or on the grounds that incorrect or insufficient information relating thereto or to the Site was given to it by any person, whether or not in the employ of the Trust; and 36.4.3 it and shall not be relieved released from any risks or obligations imposed on or undertaken by it Project Co under this Agreement Agreement, on any such ground as is grounds relating to the Disclosed Data, including: (i) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in Clause 36.4.2this Section; or (ii) on the grounds that incorrect, insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any Person (whether or not in the employ of the Province) including any Province Person or any other Governmental Authority, except for an otherwise valid claim by the Project Co: (A) pursuant to any other express provision of this Agreement; or (B) in respect of any breach of any express obligation of the Province under this Agreement. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data (the “Disclosed Data”a) related to the design and construction Except as otherwise expressly provided in any other provision of this Agreement or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator Province under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust Province shall not be liable have any liability to the Operator Project Co (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or any agent, adviser or contractor of the TrustProvince Person) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 (b) The Trust gives no Province does not give, has not given nor shall the Province be deemed to have given any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project Project, the Facility, the Site or the obligations undertaken by the Operator Project Co under this Agreement. The Trust Without limiting the generality of the foregoing, the Province shall not be liable have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the Operator part of the Province or any Province Person) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Project Co any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Project Co (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.4 The Operator acknowledges and confirms:- 36.4.1 it has (c) It is Project Co’s responsibility to have conducted its own analysis and review of the Disclosed Data and has Project and, before the execution of this Agreement satisfied Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness and fitness for purpose applicability of all such any Disclosed Data upon which it places reliance; 36.4.2 it shall reliance and to assess all risks related to the Project. Subject to Section (e) of the definition of Compensation Event and the Province’s obligations set out in Schedule 7 [Lands], Project Co will not be entitled to and will not make (and will ensure that no Project Contractor or Sub-Contractor makes) any claim against the Trust Province or any of its agents, advisers or contractorsProvince Indemnified Persons, whether in damages contract, tort or otherwise including any claim in damages, for extensions of time or for additional payments under this Agreement, Agreement on the grounds grounds: (1) of any misunderstanding or misapprehension in respect of the Disclosed Data; (2) that the Disclosed Data was incorrect or the matters referred to in Clause 36.4.1 or on the grounds insufficient; or (3) that incorrect or insufficient information relating thereto or to the Site Disclosed Data was given to it by any personPerson other than the Province, whether or not in the employ of the Trust; and 36.4.3 it shall not nor will Project Co be relieved from any risks or obligations obligation imposed on or undertaken by it under this Agreement on any such ground as is referred to in Clause 36.4.2ground. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data ‌ (the “Disclosed Data”a) related to the design and construction Except as otherwise expressly provided in any other provision of this Agreement (including Section 2.15(d)) or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are Province or may be relevant to the Project and the obligations undertaken by the Operator BCTFA under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided neither the Province nor BCTFA shall have any liability to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust shall not be liable to the Operator Primary Contractor (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Province or BCTFA or any agent, adviser or contractor of person for whom the TrustProvince is in law responsible) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 The Trust gives no (b) Neither the Province nor BCTFA gives, has given or shall be deemed to have given any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project, the Project Infrastructure, the Site or the obligations undertaken by the Operator Primary Contractor under this Agreement. The Trust Without limiting the generality of the foregoing, neither the Province nor BCTFA shall not be liable have any liability to the Operator Primary Contractor (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the part of the Province or BCTFA or any person for whom the Province is in law responsible) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Primary Contractor any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Primary Contractor (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data, except for an otherwise valid Claim by the Primary Contractor:‌ (i) pursuant to any other express provision of this Agreement; or (ii) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement. 36.4 (c) The Operator acknowledges Primary Contractor acknowledges, represents, warrants and confirms:-confirms that, without prejudice to its rights under Section 2.15(d): 36.4.1 it has (i) the Primary Contractor shall be deemed to have conducted prior to executing this Agreement its own investigations, examinations, interpretations, analysis and review of the Disclosed Data and has before the execution of this Agreement satisfied itself as to the accuracy, completeness and fitness for purpose adequacy of all such Disclosed Data upon which it places reliance;; and‌ 36.4.2 it (ii) the Primary Contractor shall not be entitled to make make, and shall not make, any claim Claim against the Trust Province, BCTFA, any other person for whom the Province is in law responsible, CPR, TransLink, a Municipality or any of its agents, advisers or contractors, other Governmental Authority whether in damages or for Losses or for extensions of time time, compensation or additional payments or other relief, and whether under this AgreementAgreement or otherwise, on the grounds of any misunderstanding or misapprehension in respect of the Disclosed Data or the matters referred to in Clause 36.4.1 or on the grounds that incorrect or insufficient information relating thereto or to the Site was given to it by any person, whether or not in the employ of the Trust; and 36.4.3 it and shall not be relieved released from any risks or obligations imposed on or undertaken by it under this Agreement Agreement, on any such ground as is grounds relating to the Disclosed Data, including: (A) on the grounds of any misrepresentation, misunderstanding or misapprehension in respect of or reliance upon the Disclosed Data or any of the matters referred to in Clause 36.4.2Section 2.14 [Site Inspection and Investigations] or Section 2.15(c)(i); or (B) on the grounds that incorrect or insufficient or incomplete information relating to the Disclosed Data or to the Site or the structures, improvements, infrastructure and works in, on, over, under or in the vicinity of the Site was given to it by any person (whether or not in the employ of the Province or BCTFA) including any person for whom the Province is in law responsible, CPR, TransLink, a Municipality or any other Governmental Authority, except for an otherwise valid Claim by the Primary Contractor: (1) pursuant to any other express provision of this Agreement; or (2) in respect of any breach of any express obligation of the Province or BCTFA under this Agreement. 36.5 Nothing (d) Notwithstanding the foregoing provisions of this Section 2.15 [Disclosed Data] or any other provision of this Agreement, if a delay is caused to the progress of Construction prior to the Substantial Completion Date or any net additional costs are incurred by the Primary Contractor in performing Construction prior to the Substantial Completion Date that in either case would not otherwise have been experienced or incurred by the Primary Contractor in performing its obligations under this Clause 36 Agreement, and such delay or costs are a direct result of a factual error (as at the currency date of the relevant bore hole or test pit log or survey data) in any of the Borehole and Test Pit Log Data upon which the Primary Contractor has reasonably and in accordance with Good Industry Practice relied in the Design and Construction of the Project Infrastructure, then such factual error in the Borehole and Test Pit Log Data shall derogate from constitute a Compensation Event and the Trust’s warranties contained provisions of Part 9 [Supervening Events] shall apply. For greater certainty, the Primary Contractor shall not be entitled to relief under this Section 2.15 [Disclosed Data] if and to the extent that it was not, in Clause 5.2.all the relevant circumstances and having regard to any other information known to the Primary Contractor at the relevant time, reasonable in accordance with Good Industry Practice for the Primary Contractor to rely on the Borehole and Test Pit Log Data containing the factual error or to rely on such Borehole and Test Pit Log Data without further investigation or site examination.‌

Disclosed Data. 36.1 The Trust has made available to the Operator prior to the Execution Date certain materials, documents and data ‌ (the “Disclosed Data”a) related to the design and construction Except as otherwise expressly provided in any other provision of this Agreement or as a result of any breach of any express obligation of the Works, the operation and maintenance of the House, the Site and other matters which are or may be relevant to the Project and the obligations undertaken by the Operator Authority under this Agreement. The Disclosed Data includes, without limitation, all such materials, documents and data which were provided to the Operator in connection with the Invitation to Negotiate but does not include any deed, document or materials comprising the Title Deeds or any other documents, materials, plans or information provided by the Trust in relation to the Trust’s ownership of the Site. 36.2 Other than in the case of fraud or negligent misrepresentation, the Trust Authority shall not be liable have any liability to the Operator Project Co (whether in contract, delict tort, by statute or otherwise howsoever and whether or not arising out of any negligence (not constituting negligent misrepresentation) act or negligent omission on the part of the Trust Authority or any agent, adviser or contractor of the TrustAuthority Person) in respect of any inaccuracy, error, omission, unfitness for purpose, defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.3 (b) The Trust gives no Authority does not give, has not given, nor will the Authority be deemed to have given, any representation, warranty or undertaking that the Disclosed Data represents or includes all of the information in its possession or control (either during the tender or bidding procurement process for the Project or at or after the Execution Datedate of execution of this Agreement) relevant or material to the Project Project, the Facilities, the Lands, or the obligations undertaken by the Operator Project Co under this Agreement. The Trust shall Without limiting the generality of the foregoing, the Authority will not be liable have any liability to Project Co (whether in contract, tort, by statute or otherwise howsoever and whether or not arising out of any negligent act or negligent omission on the Operator part of the Authority or any Authority Person) in respect of any failure to disclose or make available (whether before or after the Execution Dateexecution of this Agreement) to the Operator Project Co any information, documents or data, nor any failure to keep the Disclosed Data up to date, nor or any failure to inform the Operator Project Co (whether before or after the Execution Dateexecution of this Agreement) of any inaccuracy, error, omission, unfitness for purpose, defects defect or inadequacy of any kind whatsoever in the Disclosed Data. 36.4 The Operator acknowledges and confirms:- 36.4.1 it has (c) It is Project Co’s responsibility to have conducted its own analysis and review of the Disclosed Data and has Project and, before the execution of this Agreement satisfied Agreement, to have taken all steps it considers necessary to satisfy itself as to the accuracy, completeness and fitness for purpose applicability of all such any Disclosed Data upon which it places reliance; 36.4.2 it shall reliance and to assess all risks related to the Project. Subject to Section (e) of the definition of Compensation Event and the Authority’s obligations set out in Schedule 7 [Lands], Project Co will not be entitled to and will not make (and will ensure that neither the Design-Builder nor any Sub-Contractor makes) any claim against the Trust Authority or any of its agents, advisers or contractorsAuthority Indemnified Persons, whether in damages contract, tort or otherwise including any claim in damages, for extensions of time or for additional payments under this Agreement, Agreement on the grounds grounds: (1) of any misunderstanding or misapprehension in respect of the Disclosed Data; (2) that the Disclosed Data was incorrect or the matters referred to in Clause 36.4.1 or on the grounds insufficient; or (3) that incorrect or insufficient information relating thereto or to the Site Disclosed Data was given to it by any personPerson other than the Authority, whether or not in the employ of the Trust; and 36.4.3 it shall not nor will Project Co be relieved from any risks or obligations obligation imposed on or undertaken by it under this Agreement on any such ground as is referred to in Clause 36.4.2ground. 36.5 Nothing in this Clause 36 shall derogate from the Trust’s warranties contained in Clause 5.2.