GC 12.1 INDEMNIFICATION .1 Delete General Condition 12.1 INDEMNIFICATION in its entirety and – substitute: 12.1 The shall indemnify and hold harmless Her Contractor Majesty the Queen in right of Ontario, the the Owner, and their respective agents, appointees, Consultant, directors, officers and employees from and against claims, demands, losses, expenses, costs, damages, actions, suits or proceedings that arise out of or are attributable to the performance of the Nothing in this Contractor's Contract. paragraph 12.1, shall limit any claim that Her Majesty the Queen in right of Ontario, or the may have under Owner the insurance coverage to be provided under General Condition 11.1 - INSURANCE. GC 12.2 WAIVER OF CLAIMS .1 Delete the reference to "395 calendar days" in the last line of paragraph 12.2.2 and substitute "120 calendar days". .2 Delete the last sentence of subparagraph 12.2.3.4 and substitute: "Substantial defects or deficiencies” mean those defects or deficiencies in the where the reasonable cost of repair Work of such defects or deficiencies exceeds: .1 if the is $2 million or less, the sum Contract Price of $50,000, before Value Added Taxes; .2 if the exceeds $2 million, the sum of Contract $100,000, before Value Added Taxes; but, in any event, a defect or deficiency in the which Work affects the to such an extent or in such a manner that Work a significant part or the whole of the is unfit for the Work purpose intended by the shall be Contract Documents deemed to be a defects or deficiencies” “substantial regardless of the cost of repair. .2 paragraph 12.2.5 by adding ",12.2.3.4" immediately after the reference to paragraph 12.2.3.3. GC 12.3 WARRANTY
GC 12.1 INDEMNIFICATION .1 Delete General Condition 12.1 – INDEMNIFICATION in its entirety and substitute: 12.1 The Contractor shall indemnify and hold harmless Her Majesty the Queen in right of Ontario, the Owner, the Consultant, and their respective agents, appointees, directors, officers and employees from and against claims, demands, losses, expenses, costs, damages, actions, suits or proceedings that arise out of or are attributable to the Contractor's performance of the Contract. Nothing in this paragraph 12.1, shall limit any claim that Her Majesty the Queen in right of Ontario, or the Owner may have under the insurance coverage to be provided under General Condition 11.1 - INSURANCE. GC 12.2 WAIVER OF CLAIMS .1 Delete the reference to "395 calendar days" in the last line of paragraph 12.2.2 and substitute "120 calendar days". .2 Delete the last sentence of subparagraph 12.2.3.4 and substitute: "Substantial defects or deficiencies” mean those defects or deficiencies in the Work where the reasonable cost of repair of such defects or deficiencies exceeds: .1 if the Contract Price is $2 million or less, the sum of $50,000, before Value Added Taxes; .2 if the Contract exceeds $2 million, the sum of $100,000, before Value Added Taxes; but, in any event, a defect or deficiency in the Work which affects the Work to such an extent or in such a manner that a significant part or the whole of the Work is unfit for the purpose intended by the Contract Documents shall be deemed to be a “substantial defects or deficiencies” regardless of the cost of repair. .2 paragraph 12.2.5 by adding ",12.2.3.4" immediately after the reference to paragraph 12.2.3.3. GC 12.3 WARRANTY