13.2.1 In the event that a claim for lien is registered against the or Project otherwise preserved by a or and provided Subcontractor Supplier, the has paid all amounts properly owing under the Owner Contract, then the shall, at its own expense: Contractor .1 within ten (10) calendar days of receiving a Notice in Writing from the to do so, cause any such claims for lien and Owner certificates of action to be discharged, released, or vacated by the posting of security or otherwise and provide proof of same to the Owner. 13.2.2 In the event that a written notice of lien is given to any person, including but not limited to the by a or Owner, Subcontractor and provided the has paid all amounts properly Supplier, Owner owing under the then the shall, at its own Contract, Contractor expense: .1 within ten (10) calendar days of receiving a Notice in Writing from the to do so, cause any such written notice of Owner lien to be withdrawn or vacated in accordance with the and provide proof of same to the Construction Act Owner. 13.2.3 In the event that the fails to comply with the Contractor requirements of paragraphs 13.2.1 and 13.2.2, the shall have Owner the right (but not the obligation) to fulfil those requirements without further to the and to set off and deduct Notice in Writing Contractor from any amount owing to the all costs and associated Contractor expenses, including the costs of posting security and all legal fees and disbursements associated with the discharging or vacating of a claim for lien or certificate of action or the withdrawing or vacating of a written notice of lien, and defending any related action. If there is no amount owing by the to the then the Owner Contractor, shall reimburse the for all of the said costs and Contractor Owner associated expenses of so doing. 13.2.4 If any construction lien action or other legal proceeding arising out of the is commenced against the the shall Work Owner, Contractor take all reasonable steps to remove the from such action or Owner legal proceeding, and shall indemnify, defend and hold the Owner harmless in such action or legal proceeding. GC 13.3 CONTRACTOR DISCHARGE OF LIABILITIES 13.3.1 In addition to the obligations assumed by the pursuant Contractor to GC 3.7 SUBCONTRACTORS AND SUPPLIERS, the –
13.2.1 In the event that a claim for lien is registered against the Project or otherwise preserved by a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, then the Contractor shall, at its own expense: .1 within ten (10) calendar days of receiving a Notice in Writing from the Owner to do so, cause any such claims for lien and certificates of action to be discharged, released, or vacated by the posting of security or otherwise and provide proof of same to the Owner. 13.2.2 In the event that a written notice of lien is given to any person, including but not limited to the Owner, by a Subcontractor or Supplier, and provided the Owner has paid all amounts properly owing under the Contract, then the Contractor shall, at its own expense: .1 within ten (10) calendar days of receiving a Notice in Writing from the Owner to do so, cause any such written notice of lien to be withdrawn or vacated in accordance with the Construction Act and provide proof of same to the Owner. 13.2.3 In the event that the Contractor fails to comply with the requirements of paragraphs 13.2.1 and 13.2.2, the Owner shall have the right (but not the obligation) to fulfil those requirements without further Notice in Writing to the Contractor and to set off and deduct from any amount owing to the Contractor all costs and associated expenses, including the costs of posting security and all legal fees and disbursements associated with the discharging or vacating of a claim for lien or certificate of action or the withdrawing or vacating of a written notice of lien, and defending any related action. If there is no amount owing by the Owner to the Contractor, then the Contractor shall reimburse the Owner for all of the said costs and associated expenses of so doing. 13.2.4 If any construction lien action or other legal proceeding arising out of the Work is commenced against the Owner, the Contractor shall take all reasonable steps to remove the Owner from such action or legal proceeding, and shall indemnify, defend and hold the Owner harmless in such action or legal proceeding. GC 13.3 CONTRACTOR DISCHARGE OF LIABILITIES 13.3.1 In addition to the obligations assumed by the Contractor pursuant to GC 3.7 – SUBCONTRACTORS AND SUPPLIERS, the
Addendum-2-CCDC2-Supplementary-Conditions.docx