reasonably beyond the contractor’s control including heavy winter conditions, then the time for the performance of that portion of the Work shall be extended until such time as the Contractor is no longer so delayed. The Contractor shall not be responsible for any damages or losses caused by the failure of the Contractor to perform that portion of the Work during the time that the Contractor was so delayed.
4. This Agreement constitutes the whole of the agreement between the Parties and supersedes all prior negotiations, representations or agreements. No act or failure to act shall constitute a waiver of any right or duty under this Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the Parties.
5. If requested to do so by the Owner, the Contractor shall provide evidence of compliance with applicable workers’ compensation legislation in Ontario, including payments due thereunder. The Contractor shall maintain at its own expense Comprehensive General Liability insurance in the minimum amount of $ ________ per occurrence for bodily injury, death and property damage and evidence of such insurance shall also be provided by the Contractor to the Owner upon the request of the Owner.
6. The Contractor shall indemnify and hold harmless the Owner, its agents and employees from and against any claim for damages arising from an occurrence of bodily injury or the destruction of tangible personal property provided that the damages are caused by the negligence or breach of this Agreement by the Contractor, or by anyone for whom the Contractor is responsible in law, in the performance of this Agreement and provided that the Contractor is given notice of the claim by the Owner within a reasonable time following the occurrence but in any event within 48 hours of the Owner first acquiring knowledge of the circumstances of the claim. The Owner expressly waives the right to claim against for, or be indemnified by the Contractor from and against, any other claims and further agrees to indemnify and hold harmless the Contractor, its agents and employees from and against any claim for damages which are not caused by the negligence or breach of this Agreement by the Contractor, or by anyone for whom the Contractor is responsible in law.
7. The Owner expressly acknowledges that it has physical possession of, is responsible for and has control over the condition of the Premises.
8. The Owner acknowledges that the application of Ice Melting Products to ice or snow on the Premises will not and cannot result in the immediate or complete removal of ice from the Premises. The Contractor provides no guarantee or warranty that the application of Ice Melting Products will be effective in eliminating ice in any particular circumstance. The Contractor will not be responsible to apply Ice Melting Products unless the Ice Melting Products are commercially and reasonably available to the Contractor.
9. Where pursuant to Article 3 of Schedule “A” to this Agreement Ice Melting Products are not to be applied to the Premises at the sole discretion of the Contractor, the Owner acknowledges that the Contractor is not responsible for any damages or claims whatsoever relating to or caused in whole or in part by the failure to apply Ice Melting Products to the Premises in any particular circumstance and the Owner further agrees to indemnify and save harmless the Contractor and its agents and employees from and against any such claims and acknowledges that it has the sole responsibility to engage a reasonable and effective system to review and monitor the Premises in order to determine during the Term of this Agreement whether or not Ice Melting Products should be applied to the Premises.