ARTICLE A-11 TIME OF THE ESSENCE – Add new Article A-11 Time of the Essence: – 10.1 The acknowledges that it has been advised by the that it is Contractor Owner critical to the that the is completed within the The Owner Work Contract Time. agrees that time is of the essence in the performance of the Contractor Contractor’s obligations under the Contract. DEFINITIONS Amend the definition of Consultant to add: has been appointed by the to act for the in a professional Consultant Owner Owner “The capacity in relation to the The may, at the option of the be an Work. Consultant Owner, employee of the Owner.” Add the following definitions: a. AODA for Ontarians with Disabilities Act, 2005, AODA means Ontario’s Accessibility S.O. 2005, c. 11, as amended, and its regulations. b. As-Built Drawings means drawings prepared by the by marking on a As-Built Drawings Contractor copy of the the changes from the which occur during Drawings Drawings construction including, but are not limited to the exact location of major building components that were shown generally on the Drawings. 2a. Confidential Information means all the information or material of the that Confidential Information Owner is of a proprietary or confidential nature, whether it is identified as proprietary or confidential or not, including but not limited to information and material of every kind and description (such as drawings and move-lists) which is communicated to or comes into the possession or control of the at any time, but Contractor shall not include information that: Confidential Information 1) is or becomes generally available to the public without fault or breach on the part of the including without limitation breach of Contractor, any duty of confidentiality owed by the to the or to any Contractor Owner third party, but only after that information becomes generally available to the public; 2) the can demonstrate to have been rightfully obtained by Contractor the from a third party who had the right to transfer or disclose it Contractor to the free of any obligation of confidence; Contractor
ARTICLE A-11 – TIME OF THE ESSENCE Add new Article A-11 – Time of the Essence: 10.1 The Contractor acknowledges that it has been advised by the Owner that it is critical to the Owner that the Work is completed within the Contract Time. The Contractor agrees that time is of the essence in the performance of the Contractor’s obligations under the Contract. DEFINITIONS Amend the definition of Consultant to add: “The Consultant has been appointed by the Owner to act for the Owner in a professional capacity in relation to the Work. The Consultant may, at the option of the Owner, be an employee of the Owner.” Add the following definitions: a. AODA AODA means Ontario’s Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended, and its regulations. b. As-Built Drawings As-Built Drawings means drawings prepared by the Contractor by marking on a copy of the Drawings the changes from the Drawings which occur during construction including, but are not limited to the exact location of major building components that were shown generally on the Drawings. 2a. Confidential Information Confidential Information means all the information or material of the Owner that is of a proprietary or confidential nature, whether it is identified as proprietary or confidential or not, including but not limited to information and material of every kind and description (such as drawings and move-lists) which is communicated to or comes into the possession or control of the Contractor at any time, but Confidential Information shall not include information that: 1) is or becomes generally available to the public without fault or breach on the part of the Contractor, including without limitation breach of any duty of confidentiality owed by the Contractor to the Owner or to any third party, but only after that information becomes generally available to the public; 2) the Contractor can demonstrate to have been rightfully obtained by the Contractor from a third party who had the right to transfer or disclose it to the Contractor free of any obligation of confidence;