26. Model Contract — Responsibilities of the Parties

  • 26.1.  The Parties to this Contract acknowledge and agree that:
  • 26.1.1.  Canada has responsibility for the economy of Canada and, in order to develop its economy, has set in place policies and programs to promote and enhance the development of the Canadian industrial base, including regional industry and small business;
  • 26.1.2.  the award of this Contract to the Contractor resulted from a procurement process in which the Contractor committed to fulfill the CCV Commitments set out in Article 2, Statement of Work: IRB Commitments and Responsibilities;
  • 26.1.3.  it is the responsibility of the Contractor to ensure that it can complete the IRB Transactions and that these are not limited by applicable laws, regulations, policies or standards; and
  • 26.1.4.  actual damages which would be sustained by Canada in the event of a breach by the Contractor of the CCV Commitment provisions of this Contract would be commercially impracticable or extremely difficult to compute or ascertain and, therefore, the provisions for Liquidated Damages are agreed to be a fair and reasonable best estimate of such actual damages, and the manner provided herein for the enforcement and collection of Liquidated Damages is agreed to be fair and reasonable.