20. Additional Events of Default.

(1)   If.

  1. a Proponent does not complete construction, acquisition, rehabilitation and/or conversion of an approved Project;
  2. a Proponent ceases to use the Project for its Intended Use during the Intended Us Period;
  3. a Proponent uses the Funds provided to it by the Recipient for a purpose other than that contemplated by the Project Information Form; or
  4. one of the events referred to in section 18 has occurred in relation to a Proponent,

the Province may suspend, reduce or cease funding in relation to the Project, shall have no obligation to provide any further Funds in respect of that Proponent and shall have no liability for any consequential or other damages and/or liability incurred by the Recipient or the Proponent as a result of the suspension, reduction and/or cessation of funding.

(2)    For greater certainty, the above rights are in addition to any other rights the Province may have under the TPA and any other rights the Province may have at law.

21.     Component Availability. Subject to the termination rights in the TPA, the Capital Component is available from the Effective Date until, and shall expire on, December 31, 2021 (plus the Intended Use Period). All remedies herein shall indefinitely survive any termination or expiry of the Capital Component