Common use of SUBSTANTIAL PERFORMANCE OF THE WORK Clause in Contracts

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 When the Contractor considers that Substantial Performance of the Work has been attained the Contractor shall, within one (1) Working Day, deliver to the Contract Administrator and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Contract Administrator to establish Substantial Performance of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction Act. 5.5.2 The Contract Administrator shall review the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance of the Work shall be in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.

SUBSTANTIAL PERFORMANCE OF THE WORK. ‌ 5.5.1 When the Contractor considers that Substantial Performance of the Work has been attained the Contractor shall, within one (1) Working Day, deliver to the Contract Administrator and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Contract Administrator to establish Substantial Performance of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction Act. 5.5.2 The Contract Administrator shall review the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance of the Work shall be in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, Deficiencies,‌ which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.cost.‌

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 When the Contractor considers that Substantial Performance of the Work has been attained the Contractor shall, within one (1) Working Day, deliver to the Contract Administrator and to the Owner a comprehensive list of items to be completed or corrected, together with a written application for a review by the Contract Administrator to establish Substantial Performance of the Work. Failure to include an item on the list does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction Act. 5.5.2 . The Contract Administrator shall review the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance of the Work shall be in the form prescribed by the Construction Act. 5.5.3 . Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 . Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 5.4.1 When the Contractor considers that it has achieved Substantial Performance of the Work has been attained Work, the Contractor shall, within one (1) Working Day, deliver shall prepare and su mit to the Contract Administrator and to the Owner Prime Consultant: (a) a comprehensive list of items to be completed or corrected, together with ; and (b) a written application for a review by the Contract Administrator to establish certificate of Substantial Performance of the Work. Work for verification by the Prime Consultan indicating the date that the Contractor believes Substantial Performance of 5.4.2 Failure to include an item on the comprehensive list of items described in GC 5.4.1(a) does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements or remedy, correct or rectify any Deficiencies. 5.4.3 The Contractor shall, within 3 days of the Construction Act. 5.5.2 The Contract Administrator shall review the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance of the Work shall be in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance of stated on the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish post a copy of the certificate in a prominent location at the manner set out in the regulationsProject Site. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work is not posted at the Project Site within seven (7) Calendar Days after receiving a copy 3 days of such the date stated on the certificate, the Owner may publish a copy date of such Substantial Performance of the Work shall be changed to the actual date that the certificate is subsequently posted at the Contractor’s costProject Site. 5.4.4 The Prime Consultant shall, no later than 14 days after the receipt from the Contractor of a certificate of Substantial Performance of the Work make an assessment of the Work to verify the validity of the certificate, and provide Notice to the Contractor of its approval, or reasons for disapproval of the certificate. In the event of disapproval, the Contractor shall immediately remove the certificate of Substantial Performance of the Work from the Project Site. The Contractor shall re-submit the certificate of Substantial Performance of the Work with a revised date of Substantial Performance of the Work when it has addressed the reasons for disapproval of the previous certificate of Substantial Performance of the Work and the process shall be repeated until approval is obtained. 5.4.5 The date of Substantial Performance of the Work shall be the date indicated on the approved certificate of Substantial Performance of the Work or such later date as determined in accordance with GC 5.4.3.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 5.6.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor's notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the "Contractor's Preliminary Minor Deficiencies List"), of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.6.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor's Preliminary Minor Deficiencies List. The Contractor shall plan for start-up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date, which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) Working Days to review and inspect the Work for the purpose of certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) and, taking into account the Contractor's Preliminary Minor Deficiencies List, prepare its own list of Minor Deficiencies (the "Minor Deficiencies List") and the Consultant's estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.6.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.6.4 When the Contractor considers is satisfied that the Contractor has completed all of the requirements for Substantial Performance of the Work the Contractor shall apply to the Owner and the Consultant for a certification of Substantial Performance of the Work. When the Consultant has received the Contractor's application for Substantial Performance of the Work and is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.6.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.6.4 in a certificate. 5.6.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.6.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of such the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to each of the Consultant and the Owner. 5.6.8 The Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper use and operation of the Work (collectively, the “Project Deliverables”). If the Contractor within seven (7) Calendar Days after signing requests, the Contractor and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties, warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason, the Contractor may submit a list of the outstanding Project Deliverables and, if a delay in the delivery of such certificateoutstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project shall be grounds for the Consultant to reject the Contractor’s application for Substantial Performance of the Work. For the purposes of GC 5.8.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at [REDACTED]. The certificate assignment by the Contractor of all guarantees and warranties shall expressly reserve the right of the Contractor to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of the Contractor to submit and assign (as applicable) to the Owner all of the Project Deliverables. 5.6.9 The submission of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance Guaranteed Price, extension of the certificate of Substantial Performance of the WorkContract Time or otherwise, the Contractor shall prepare and submit except (a) those made in writing prior to the Owner and the Contract Administrator a schedule Contractor’s application for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of payment upon Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.and still unsettled,

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor's notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the "Contractor's Preliminary Minor Deficiencies List"), of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor's Preliminary Minor Deficiencies List. The Contractor shall plan for start - up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) days to review and inspect the Work for the purpose of certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) and, taking into account the Contractor's Preliminary Minor Deficiencies List, prepare its own list of Minor Deficiencies (the "Minor Deficiencies List") and the Consultants' estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Contractor considers is satisfied that the Contractor has completed all of the requirements for Substantial Performance of the Work the Contractor shall apply to the Owner and the Consultant for a certification of Substantial Performance of the Work. When the Consultant has received the Contractor's application for Substantial Performance of the Work and is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such Work. 5.5.5 The Consultant shall state the Substantial Performance Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the Minor Deficiencies List before a certificate of Substantial Performance of the Work is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to the Consultant and the Owner. 5.5.8 The Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper operation of the Work, together with written application shall include proof, acceptable to the proof required by Owner and the Agreement including the Specifications to demonstrate Consultant, that the Work has been substantially performed in conformance with the requirements of municipal, governmental and utility authorities having jurisdiction. If the Construction Act. 5.5.2 The Contract Administrator Contractor requests, the Contractor and the Consultant shall review within sixty (60) days following the request of the Contractor settle and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties, warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason Contractor may submit a list of outstanding deliverables and, if the Owner is satisfied that a delay in the delivery of such outstanding deliverables will not impair the safety, security or health of the occupants of the Project the Owner may include the outstanding deliverables as Minor Deficiencies. For the purposes of GC 5.7.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding deliverables shall, without regard to the degree or quantum of such outstanding deliverables, be set at [DELETED]. Failure to submit any of the foregoing materials that are required for the safe occupation and use of the Work shall be grounds for the Consultant to verify reject the validity of the written Contractor's application for Substantial Performance of the Work Work. The assignment by the Contractor of all guarantees and warranties shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt expressly reserve the right of the Contractor’s list Contractor to make any claims under such guarantees and application: .1 advise warranties and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor in writing that the Work is not substantially performed pursuant to such guarantees and give reasons why, or .2 set out the date warranties. 5.5.9 The submission of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate to each of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by Guaranteed Price, extension of Contract Time or otherwise, except those made in writing, prior to the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Contractor’s application for payment upon Substantial Performance of the Work, and still unsettled other than any third party claim which Contractor was not aware of at such time and in respect to which Contractor is entitled to indemnification from Owner in accordance with the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the WorkContract. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list , in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start-up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) Working Days to review and inspect the Work for the purpose of confirming the achievement of Substantial Performance of the Work and providing its report thereon pursuant to GC 5.5.4 and certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) pursuant to GC 5.5.3 and, taking into account the Contractor’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor considers and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Consultant is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.5.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of such the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to each of the Consultant and the Owner. 5.5.8 The Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper use and operation of the Work (collectively, the “Project Deliverables”). If the Contractor requests, the Contractor and the Consultant shall within seven sixty (760) Calendar Days after signing days following the request of the Contractor settle and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties, warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason, the Contractor may submit a list of the outstanding Project Deliverables and, if a delay in the delivery of such certificateoutstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project shall be grounds for the Consultant to reject the Contractor’s application for Substantial Performance of the Work. For the purposes of GC 5.7.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at $250,000.00. The certificate assignment by the Contractor of all guarantees and warranties shall expressly reserve the right of the Contractor to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of the Contractor to submit and assign (as applicable) to the Owner all of the Project Deliverables. 5.5.9 The submission of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance Guaranteed Price, extension of the certificate of Substantial Performance of the WorkContract Time or otherwise, the Contractor shall prepare and submit except (a) those made in writing prior to the Owner and the Contract Administrator a schedule Contractor’s application for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of payment upon Substantial Performance of the Work within seven and still unsettled , (7b) Calendar Days after receiving a copy any third party claim which Contractor was not aware of at such certificatetime and in respect to which Contractor is entitled to indemnification from Owner in accordance with the Contract, and (c) subject to any subsequent waiver under GC 12.2.2, claims arising out of any act or omission of the Owner may publish a copy (or those for whom the Owner is responsible at law or under the terms of such certificate at the Contractor’s costContract) after the date of the waiver and third party claims arising after the date of the waiver. 5.5.10 The Consultant shall provide reasonable assistance to the Contractor in satisfying the requirements to obtain occupancy permits or letters from the City of Sudbury.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start-up and verifications of all systems, as practical, to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) Working Days to review and inspect the Work for the purpose of certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) and, taking into account the Contractor’s Preliminary Minor Deficiencies List, prepare its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List.‌ 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Contractor considers is satisfied that the Contractor has completed all of the requirements for Substantial Performance of the Work the Contractor shall apply to the Owner and the Consultant for a certification of Substantial Performance of the Work. When the Consultant has received the Contractor's application for Substantial Performance of the Work and is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such Work. 5.5.5 The Consultant shall state the Substantial Performance Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the Minor Deficiencies List before a certificate of Substantial Performance of the Work is issued and, if the certificate referred to in GC 5.5.3 has been issued, then the Consultant shall not withhold the certificate of Substantial Performance of the Work by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to the Consultant and the Owner. 5.5.8 Except as provided otherwise in this GC 5.5.8, the Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper use and operation of the Work (collectively, the “Project Deliverables”), together with written application shall include proof, acceptable to the proof required by Owner and the Agreement including the Specifications to demonstrate Consultant, that the Work has been substantially performed in conformance with the requirements of municipal, governmental and utility authorities having jurisdiction. If the Construction Act. 5.5.2 The Contract Administrator Contractor requests, the Contractor and the Consultant shall review within sixty (60) days following the request of the Contractor settle and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason beyond the control of the Contractor, Contractor may submit a list of the outstanding Project Deliverables and, if the Owner is satisfied that a delay in the delivery of such outstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project the Owner may include such outstanding Project Deliverables as Minor Deficiencies. Failure to submit any of the foregoing materials that are required for the safe occupation and use of the Work to verify and, as may be necessary for the validity security and health of the written occupants of the Project, shall be grounds for the Consultant to reject the Contractor’s application for Substantial Performance of the Work Work. For the purposes of GC 5.7.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at [REDACTED]. The assignment by the Contractor of all guarantees and warranties shall promptlyexpressly reserve the right of the Contractor to make any claims under such guarantees and warranties, to the extent the Contractor makes payment to the Owner in respect thereof, and such assignment shall in no way prejudice any eventrights of or benefits accruing to the Contractor pursuant to such guarantees and warranties. For greater certainty, no later than twenty (20) Calendar Days after receipt nothing herein is intended to constitute a release or waiver of the Contractor’s list and application: .1 advise obligation of the Contractor in writing that the Work is not substantially performed to submit and give reasons why, or .2 set out the date of Substantial Performance of the Work in the certificate of Substantial Performance of the Work and issue a copy of such certificate assign (as applicable) to each of the Owner and all the Contractor within seven (7) Calendar Days after signing such certificate. Project Deliverables.‌ 5.5.9 The certificate submission of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by Guaranteed Price, extension of Contract Time or otherwise, except those made in writing, prior to the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Contractor’s application for payment upon Substantial Performance of the Work, and still unsettled other than any third party claim which Contractor was not aware of at such time and in respect to which Contractor is entitled to indemnification from Owner in accordance with the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the WorkContract. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of Substantial Performance of the Work within seven (7) Calendar Days after receiving a copy of such certificate, the Owner may publish a copy of such certificate at the Contractor’s cost.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start-up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date and when the Contractor is satisfied that the Contractor has completed all of the requirements for Substantial Performance of the Work the Contractor shall apply to the Owner and the Consultant for a certification of Substantial Performance of the Work in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall, in the next following ten (10) days, proceed to review and inspect the Work for the purpose of confirming the achievement of Substantial Performance of the Work and providing its report thereon pursuant to GC 5.5.4 and certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) pursuant to GC 5.5.3 and, taking into account the Contractor’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor considers and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Consultant is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.5.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a copy of such certificate to each construction trade newspaper in the area of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance location of the Work shall be in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of substantial performance in accordance with the Work, Construction Lien Act (Ontario) and the Contractor shall forthwith, as required by section 32(1) provide suitable evidence of the Construction Act, publish publication to the Consultant and the Owner. 5.5.8 The Owner may withhold from the payment otherwise due on the Reimbursement Payment Date a copy holdback amount that is [REDACTED] of the certificate in amount estimated by the manner set out in Consultant for the regulationsOwner to complete and rectify the Minor Deficiencies. If The Consultant shall inspect the Contractor fails to publish a copy completion of the certificate of Substantial Performance Minor Deficiencies and shall provide a monthly progress report to the Owner describing the Minor Deficiencies which have been completed to the satisfaction of the Work within seven (7) Calendar Days after receiving a copy of such certificate, Consultant and the Owner may publish a copy shall release from such holdback the amount of such certificate any holdback allocated to the Minor Deficiencies which have been completed. If, at any time after the Contractor’s cost.one hundred and twenty (120) day period for completion of the Minor Deficiencies, any of the Minor Deficiencies are not completed within ten

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 5.6.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.6.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start-up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date and when the Contractor is satisfied that the Contractor has completed all of the requirements for Substantial Performance of the Work the Contractor shall apply to the Owner and the Consultant for a certification of Substantial Performance of the Work in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall, in the next following ten (10) days, proceed to review and inspect the Work for the purpose of confirming the achievement of Substantial Performance of the Work and providing its report thereon pursuant to GC 5.6.4 and certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) pursuant to GC 5.6.3 and, taking into account the Contractor’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.6.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor considers and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.6.4 When the Consultant is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.6.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.6.4 in a certificate. 5.6.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.6.7 The Contractor shall publish in a copy of such certificate to each construction trade newspaper in the area of the Owner and the Contractor within seven (7) Calendar Days after signing such certificate. The certificate of Substantial Performance location of the Work shall be in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance of the certificate of Substantial Performance of the Work, the Contractor shall prepare and submit to the Owner and the Contract Administrator a schedule for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of substantial performance in accordance with the Work, Construction Lien Act (Ontario) and the Contractor shall forthwith, as required by section 32(1) provide suitable evidence of the Construction Act, publish publication to the Consultant and the Owner. 5.6.8 The Owner may withhold from the payment otherwise due on the Final Reimbursement Payment Date a copy holdback amount that is [REDACTED] of the certificate in amount estimated by the manner set out in Consultant for the regulationsOwner to complete and rectify the Minor Deficiencies. If The Consultant shall inspect the Contractor fails to publish a copy completion of the certificate of Substantial Performance Minor Deficiencies and shall provide a monthly progress report to the Owner describing the Minor Deficiencies which have been completed to the satisfaction of the Work within seven (7) Calendar Days after receiving a copy of such certificate, Consultant and the Owner may publish a copy shall release from such holdback the amount of such certificate any holdback allocated to the Minor Deficiencies which have been completed. If, at any time after the Contractor’s cost.one hundred and twenty (120) day period for completion of the Minor Deficiencies, any of the Minor Deficiencies are not completed within ten

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start - up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) Working Days to review and inspect the Work for the purpose of confirming the achievement of Substantial Performance of the Work and providing its report thereon pursuant to GC 5.5.4 and certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) pursuant to GC 5.5.3 and, taking into account the Contractor’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor considers and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Consultant is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.5.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of such the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to each of the Consultant and the Owner. 5.5.8 The Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper use and operation of the Work (collectively, the “Project Deliverables”). If the Contractor requests, the Contractor and the Consultant shall within seven sixty (760) Calendar Days after signing days following the request of the Contractor settle and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties, warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason, the Contractor may submit a list of the outstanding Project Deliverables and, if a delay in the delivery of such certificateoutstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project shall be grounds for the Consultant to reject the Contractor’s application for Substantial Performance of the Work. For the purposes of GC 5.7.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at $[REDACTED]. The certificate assignment by the Contractor of all guarantees and warranties shall expressly reserve the right of the Contractor to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of the Contractor to submit and assign (as applicable) to the Owner all of the Project Deliverables. 5.5.9 The submission of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance Guaranteed Price, extension of the certificate of Substantial Performance of the WorkContract Time or otherwise, the Contractor shall prepare and submit except (a) those made in writing prior to the Owner and the Contract Administrator a schedule Contractor’s application for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of payment upon Substantial Performance of the Work within seven and still unsettled , (7b) Calendar Days after receiving a copy any third party claim which Contractor was not aware of at such certificatetime and in respect to which Contractor is entitled to indemnification from Owner in accordance with the Contract, and (c) subject to any subsequent waiver under GC 12.2.2, claims arising out of any act or omission of the Owner may publish a copy (or those for whom the Owner is responsible at law or under the terms of such certificate at the Contractor’s costContract) after the date of the waiver and third party claims arising after the date of the waiver. 5.5.10 The Consultant shall provide reasonable assistance to the Contractor in satisfying the requirements to obtain occupancy permits or letters from the City of Toronto.

SUBSTANTIAL PERFORMANCE OF THE WORK. 5.5.1 The Contractor shall deliver a notice to the Owner and the Consultant at least ninety (90) days prior to the date anticipated by the Contractor to be the Substantial Performance Date. The Contractor acknowledges that the Owner needs a minimum of ninety (90) days notice prior to the anticipated Substantial Performance Date to prepare for the Commissioning. The Contractor shall advise the Owner and the Consultant of any change in the anticipated date. The Contractor shall, by the date which is twenty (20) days prior to the anticipated Substantial Performance Date as set out in the Contractor’s notice, prepare a list, in electronic format on software that identifies deficiencies by division, by trade and by location (the “Contractor’s Preliminary Minor Deficiencies List”) of Minor Deficiencies including an estimate of the cost of and the time for rectifying such Minor Deficiencies. 5.5.2 The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice given to the Owner and to the Consultant twenty (20) days prior to the anticipated Substantial Performance Date which notice shall include a copy of the Contractor’s Preliminary Minor Deficiencies List. The Contractor shall plan for start - up and verifications of all systems to be completed no later than seven (7) days prior to the anticipated Substantial Performance Date. The Contractor shall reconfirm the anticipated Substantial Performance Date in a notice to the Owner and the Consultant by the date which is ten (10) days prior to the anticipated Substantial Performance Date. The Consultant shall then have the next following ten (10) Working Days to review and inspect the Work for the purpose of confirming the achievement of Substantial Performance of the Work and providing its report thereon pursuant to GC 5.5.4 and certifying substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) pursuant to GC 5.5.3 and, taking into account the Contractor’s Preliminary Minor Deficiencies List, preparing its own list of Minor Deficiencies (the “Minor Deficiencies List”) and the Consultant’s estimate of the cost of and the time for rectifying Minor Deficiencies set out in the Minor Deficiencies List. 5.5.3 When the Consultant is satisfied that substantial performance of the Contract in accordance with the Construction Lien Act (Ontario) has been achieved the Consultant shall provide the Contractor considers and the Owner with a certificate of substantial performance in accordance with the Construction Lien Act (Ontario). 5.5.4 When the Consultant is satisfied that Substantial Performance of the Work has been attained achieved the Contractor shall, within one (1) Working Day, deliver Consultant shall provide to the Contract Administrator Owner and to the Owner Contractor a comprehensive list of items to be completed or corrected, together with a written application for a review by report confirming the Contract Administrator to establish Minor Deficiencies List and the date on which the Consultant determines that Substantial Performance of the WorkWork was achieved. Failure to include an item on the list Minor Deficiencies List does not alter the responsibility of the Contractor to complete the Agreement. Such written application shall include the proof required by the Agreement including the Specifications to demonstrate that the Work has been substantially performed in conformance with the requirements of the Construction ActWork. 5.5.2 5.5.5 The Contract Administrator Consultant shall review state the Work to verify the validity of the written application for Substantial Performance of the Work and shall promptly, and in any event, no later than twenty (20) Calendar Days after receipt of the Contractor’s list and application: .1 advise the Contractor in writing that the Work is not substantially performed and give reasons why, or .2 Date as set out in its report delivered under GC 5.5.4 in a certificate. 5.5.6 The Consultant shall prepare the date Minor Deficiencies List before a certificate of Substantial Performance of the Work in is issued, but the Consultant shall not withhold the certificate of Substantial Performance of the Work and issue by reason solely that there are such Minor Deficiencies. 5.5.7 The Contractor shall publish in a construction trade newspaper in the area of the location of the Work a copy of such the certificate of substantial performance in accordance with the Construction Lien Act (Ontario) and the Contractor shall provide suitable evidence of the publication to each of the Consultant and the Owner. 5.5.8 The Contractor shall assign to the Owner and submit with the application for Substantial Performance of the Work, all guaranties, warranties, (whether from manufacturers, Subcontractors or Suppliers), certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials and any other materials or documentation required to be submitted under the Contract and otherwise required for the proper use and operation of the Work (collectively, the “Project Deliverables”). If the Contractor requests, the Contractor and the Consultant shall within seven sixty (760) Calendar Days after signing days following the request of the Contractor settle and agree upon a list specifying in reasonable detail the items to be assigned and submitted under the foregoing sentence. If the Contractor is unable to provide any of the required guaranties, warranties, certificates, preliminary testing and balancing reports, distribution system diagrams, maintenance and operation instructions, maintenance manuals and materials or other materials or documentation for any reason, the Contractor may submit a list of the outstanding Project Deliverables and, if a delay in the delivery of such certificateoutstanding Project Deliverables will not impair the safety, security or health of the occupants of the Project such outstanding Project Deliverables shall be included as Minor Deficiencies. Failure to submit any of the Project Deliverables that are required for the safe occupation and use of the Work and as may be necessary for the security and health of the occupants of the Project shall be grounds for the Consultant to reject the Contractor’s application for Substantial Performance of the Work. For the purposes of GC 5.7.3 and any holdback to be taken as contemplated thereunder, the value of such outstanding Project Deliverables shall, without regard to the degree or quantum of such outstanding Project Deliverables, be set at $[REDACTED]. The certificate assignment by the Contractor of all guarantees and warranties shall expressly reserve the right of the Contractor to make any claims under such guarantees and warranties for the repair or replacement of any Work and such assignment shall in no way prejudice any rights of or benefits accruing to the Contractor pursuant to such guarantees and warranties. For greater certainty, nothing herein is intended to constitute a release or waiver of the obligation of the Contractor to submit and assign (as applicable) to the Owner all of the Project Deliverables. 5.5.9 The submission of an application for payment upon Substantial Performance of the Work shall be constitute a waiver by the Contractor of all claims whatsoever against the Owner under this Contract, whether for a change in the form prescribed by the Construction Act. 5.5.3 Immediately following the issuance Guaranteed Price, extension of the certificate of Substantial Performance of the WorkContract Time or otherwise, the Contractor shall prepare and submit except (a) those made in writing prior to the Owner and the Contract Administrator a schedule Contractor’s application for completing the Work and correcting all Deficiencies, which establishes the date for the Total Performance of the Work. Upon the Owner and the Contract Administrator’s approval of such schedule, the Construction Schedule shall be deemed to be amended to include such schedule. The date for Total Performance of the Work identified in such schedule shall not be later than the Scheduled Date for Total Performance of the Work. 5.5.4 Upon receipt of a copy of the certificate of Substantial Performance of the Work, the Contractor shall forthwith, as required by section 32(1) of the Construction Act, publish a copy of the certificate in the manner set out in the regulations. If the Contractor fails to publish a copy of the certificate of payment upon Substantial Performance of the Work within seven and still unsettled , (7b) Calendar Days after receiving a copy any third party claim which Contractor was not aware of at such certificatetime and in respect to which Contractor is entitled to indemnification from Owner in accordance with the Contract, and (c) subject to any subsequent waiver under GC 12.2.2, claims arising out of any act or omission of the Owner may publish a copy (or those for whom the Owner is responsible at law or under the terms of such certificate at the Contractor’s costContract) after the date of the waiver and third party claims arising after the date of the waiver. 5.5.10 The Consultant shall provide reasonable assistance to the Contractor in satisfying the requirements to obtain occupancy permits or letters from the City of Mississauga.