Common use of Title; Encumbrances Clause in Contracts

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the Contracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority may formally relieve or waive, with the consent of Contracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the Lands, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting AuthorityJBH, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority JBH (including, for clarity, any and all obligations under the Contracting Authority JBH Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority City of Burlington may formally relieve or waive, with the consent of Contracting AuthorityJBH, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority JBH performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the LandsSite, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the Contracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority may formally relieve or waive, with the consent of Contracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the LandsSites, the Facility Facilities or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting Authority, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the Contracting Authority Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority Township of Centre Wellington may formally relieve or waive, with the consent of Contracting Authority, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the Lands, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting AuthoritySMH, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority SMH (including, for clarity, any and all obligations under the Contracting Authority SMH Mortgages); (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority City of Toronto may formally relieve or waive, with the consent of Contracting AuthoritySMH, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority SMH performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.3, the performance of the Works shall not give rise to a right for any person to obtain title to or any interest in the LandsSite, the Facility or the Existing Facilities or any part of it or them, except in accordance with the terms of this Project Agreement.

Title; Encumbrances. (a) Project Co shall perform all obligations under the Title Encumbrances for or on behalf of Contracting Authoritythe CTC, other than: (i) obligations under any Title Encumbrance which Project Co is not legally capable of performing for or on behalf of Contracting Authority (including, for clarity, any and all obligations under the Contracting Authority Mortgages)CTC; (ii) obligations under any Title Encumbrance added after the date of this Project Agreement unless such obligations are provided in the Output Specifications as obligations of Project Co or the Parties agree that such obligations are obligations of Project Co; (iii) obligations under any Title Encumbrance which the applicable Governmental Authority City of ▇▇▇▇▇▇▇▇ may formally relieve or waive, with the consent of Contracting Authoritythe CTC, with respect to any Development Approval; and (iv) obligations under the Title Encumbrances that Appendix “A” – Permits, Licences, Approvals and Agreements of Schedule 1 – Definitions and Interpretation provide for Contracting Authority the CTC performing. (b) All Works performed by or on behalf of Project Co shall be performed in a manner which does not breach the Title Encumbrances or any of the Development Approvals. (c) Subject to Encumbrances that Project Co shall remove pursuant to Section 17.2 and Section 17.317.2, the performance of the Works no act or omission by Project Co or any Project Co Party shall not give rise to a right for any person to obtain title to or any interest in the Lands, the Facility or the Existing Facilities Site or any part of it or themit, except in accordance with the terms of this Project Agreement.