TERMS AND CONDITIONS 1. Definitions “Boat” means the boat described on the front page of this Agreement, the trailer or cradle together with any and all personal property of every nature, kind and description, including, without limiting the generality of the foregoing, credit cards and instruments, financial securities and cash, located in or upon the boat or located in the proximity of the boat and owned by or in lawful possession of the Boater or any other person who has been permitted by the Boater to board the boat or to be in the vicinity of the boat; “Boater” means the Owner of the Boat, the lessee of the Boat, the duly authorized agent of the owner of the Boat or any other person who has the permission of the owner to be in possession of the Boat; “Harassment” includes a course of vexatious comment or conduct, based on one or more of the prohibited grounds (race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status or disability) under the Human Rights Code, R.S.O. 1990, c. H.19, that is known, or ought reasonably to be known to be unwelcome. “In-water Boat Show” means the annual in-water boat show hosted at Ontario Place. “Marina” means Ontario Place Corporation in the City of Toronto incorporated under the laws of the Province of Ontario; “Marina Areas" includes the South Marina area, the North Marina area and the area encompassed by the Marina facilities in both Marina Areas, including buildings, grounds, mooring facilities, harbours, and the approach channels designated, marked and buoyed by the Marina; “Month” means any period of 30 consecutive days; “North Marina area” includes the mooring facilities located under bridge 6 and bridge 10; “Owner” means the registered owner of the Boat; “South Marina area” includes the mooring facilities located on the north and south sides of bridge 5; “Season” means May 1, 2006 to October 14, 2006 in the case of a seasonal rental and the case of a monthly rental, the period of time specified on the first page of this Agreement. 2. This Agreement is not valid unless: (a) it is signed by the authorized representatives of the Marina AND the Boater; and (b) the Boater has paid all outstanding fees owed to the Marina under previous mooring or storage agreements. Subject to the Terms and Conditions of this Agreement, the Marina shall provide a slip for the Boat designated by the slip number indicated on the front page of this Agreement for the Season. 3. This Agreement is only valid for the Season. The Marina is in no way obligated to enter into a summer mooring agreement with the Boater for future seasons. 4. On signing this Agreement, the Boater shall provide the Marina with the following written documentation to the satisfaction of the Marina: a) a certificate of registration of the Boat; b) a valid Certificate of Insurance and a renewal replacement as may be necessary for the Boat, confirming the insurance coverage requirements and stating any pertinent exclusions as applicable, contained by the policy, and c) An agency agreement between the Owner of the boat and the Boater, where the Boater is an agent of the owner of the Boat, showing the authority of the Boater to fulfill all obligations under this Agreement; or d) A leasing agreement between the Owner of the Boat and the Boater, where the Boater is a lessee of the Boat. 5. When the Boat is in the Marina Areas, the Boater shall comply with any Rules and Regulations posted in the Marina, and the Boat shall be under the jurisdiction of the Marina. As such, the Boat will be subject to any emergency action that might be required on the part of Ontario Place in accordance with sections 9, 10 and 11. 6. The Boater represents and warrants that his or her Boat is a pleasure craft, registered, identified and equipped in accordance with Canadian Shipping Laws and that it shall be operated under its own power in the Marina Areas in accordance with safe boating principles. 7. The Boater shall not moor or caused to be moored or allow to be moored at the slip any boat or vessel other than the Boat, and shall not transfer the Boat to another slip in the Marina Areas or to any other location at Ontario Place without the prior written approval of the Marina. 8. The Boater acknowledges that the Marina does not provide supervision over and security for the Boat or any other boat or boats in the Marina Areas, nor does it supervise, regulate or control or attempt to supervise, regulate or control the movement of any person or persons or the movement, management or control of any boat or boats in the Marina Areas whether in proximity to the boat and regardless of whether any such person has entered into an Agreement with the Marina. 9. In the event of mechanical failure or other malfunction occurring to the gear, equipment, rigging, engine or hull of the Boat which, in the opinion of the Marina, constitutes an emergency or other threat to the safety of the Boat or other boats in the Marina Areas then, and in that event, the Boater hereby authorizes the Marina to make all such emergency repairs as may, in the absolute discretion of the Marina, be deemed necessary under the circumstances. These repairs shall be made as economically as possible and the cost thereof shall be a debt of the Boater due to the Marina under this Agreement. The Boater acknowledges and agrees that the Marina is under no duty to effect such emergency repairs, and no liability shall attach to the Marina if it does not do so. 10. The Marina may require that the Boater move the Boat to a different slip in order to accommodate certain events, including, but not limited to, the In-water Boat Show. The Marina shall give the Boater ten (10) days notice to move the Boat. If the Boater does not move the Boat within the time specified in the notice, the Marina shall have the right to move the Boat without further notice, whether or not the Boater has read the notice (e.g. Boater is away from Boat). Such movement may require the Marina to tow the boat out of the designated slip. If the Marina is required to move the Boat, it shall take all reasonable care in doing so. Unless negligent, the Marina shall not be responsible for any damage or mechanical failure to the Boat that may occur during the moving of the Boat. To allow the Marina to take any action necessary in the event the Boater is unable to move the boat when required by the Marina, or in the event of any emergency, the Boater shall provide the Marina with a set of main door or a set of hatch keys. 11. In the event that the Boat sinks at the slip or elsewhere in the Marina Areas, the Boater shall remove the Boat forthwith. If the Boater fails to do so, the Boater agrees that the Marina may remove the Boat at the Boater’s expense, and the cost thereof shall be a debt of the Boater due to the Marina under this Agreement. Upon removal of the Boat, the Marina may terminate this Agreement immediately. 12. Her Majesty the Queen in right of Ontario, the Marina, and their respective directors, officers, employees, agents and contractors will not be liable for any loss, theft or damage to the Boat and injury or death to the Boater or of any partner, director, officer, employee, agent, contractor, passenger, crew or guest of the Boater, howsoever caused. 13. Her Majesty the Queen in right of Ontario, the Marina, and their respective directors, officers, employees, agents and contractors will not be liable for any incidental, indirect, special or consequential damages or any loss of use, revenue or profit of the Boater arising out of or in any way related to this Agreement. 14. The Boater hereby shall indemnify and hold harmless Her Majesty the Queen in right of Ontario, the Marina, and their respective directors, officers, employees, agents and contractors, a) from and against any and all claims, demands, expenses, costs (including any insurance deductible or legal fees) actions, causes of action and for any liability for damage to property and injury to persons, including death, howsoever caused, arising out of this agreement; and b) for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including the Marina, arising out of or in any way related to this Agreement. 15. The Boater shall put into effect and maintain for the duration of this Agreement, at its own cost and expense, with insurers acceptable to the Marina, complete marine coverage insurance for the Boat including Protection & Indemnity, to an inclusion limit of not less than $2,000,000 per occurrence. The Policy is to include Ontario Place Corporation as an Additional Insured. The Boater shall furnish proof of coverage to the Marina upon signing this Agreement. 16. Any amounts demanded by the Marina shall be a debt due and owing to the Marina by the Boater and the Boater shall pay such debts immediately. If no demand is made, such debts become due and payable without demand upon the termination or expiration of this Agreement. 17. The Boater acknowledges that the Marina may place a lien against any Boat and its contents for amounts due in respect of the use of the slip, the cost of repairs for any damage caused to any Marina property by the Boater, his or her passengers, crew or guests, or by his or her Boat, and for any expenses incurred by the Marina on behalf of the Boater or other debts of the Boater due to the Marina under the terms of this Agreement. The Marina may give notice of the lien to the Boater and the Owner of the Boat, subject to the Repairs and Storage Liens Act, R.S.O. 1990, c. R.25. 18. The Marina shall cease operations in the Marina Areas one day prior to the last day of the Season and the Marina Areas shall be closed after 11:00 a.m. on the last day of the Season. Notwithstanding any other provision of this Agreement, the Marina shall not be liable for any damage, loss or mishap occasioned to the Boat or its contents in the Marina Areas or any other location at Ontario Place after this date, howsoever caused. 19. The Boater shall remove all personal property from the Marina Areas or from any other location at Ontario Place upon expiration or termination of this Agreement. 20. The Boater shall remove the Boat from the Marina Areas and any other location at Ontario Place upon the expiration or termination of this Agreement, and if he or she fails to remove the Boat by 11:00 a.m. on the last day of the Season, the Boater shall pay to the Marina as liquidated damages, dockage fees in an amount equal to twice the daily dockage rate as specified in the Ontario Place Marina Fee Schedule in respect of each subsequent day during which the Boat remains in the Marina Areas or elsewhere at Ontario Place. At any time after 11:00 a.m. on the last day of the Season, the Marina has the right to move the Boat to another mooring facility within Ontario Place or elsewhere at the Boater’s expense. The Boater shall pay all such expenses, dockage fees and amounts owing as liquidated damages to the Marina upon demand. Any such amount shall be a debt of the Boater due to the Marina under this Agreement. 21. Where a Boater makes a request to extend a monthly Agreement, the Marina may, in its sole discretion, extend the term of this Agreement for such period and at such daily or monthly rates as in its sole discretion, decides. 22. The Boater may terminate this Agreement at any time by giving fifteen (15) days’ written notice to the Marina. In such case, no refund of the fees will be made under any circumstances. 23. (1) The Marina may terminate this agreement on fifteen (15) days’ written notice without cause and without liability. (2) The Marina may, without fault or liability, terminate this Agreement: a) upon giving one (1) days notice to the Boater, where in the sole opinion of the Marina, the Boater, or any partner, director, officer, employee, agent, contractor, passenger, crew or guest of the Boater has breached any Term or Condition of this Agreement, including but not limited to failure to have insurance or to meet Payment Terms and Conditions as described in the Payment Terms and Conditions on front of this Agreement, or the Rules and Regulations posted at the Marina. b) immediately, upon notice to the Boater, where in the sole opinion of the Marina, any disorder, inappropriate or other conduct by the Boater, or by any partner, director, officer, employee, agent, contractor, passenger, crew or guest of the Boater, has endangered or might endanger safety, has injured or might injure any person, has caused or might cause damage to the Marina property, or has harmed or might harm the reputation of the Marina, or constitutes Harassment to any Marina employee, Marina patron or guest of Ontario Place. (3) On termination under paragraph (1) or (2), the Marina may evict or remove the Boat, the Boater and any partner, director, officer, employee, agent, contractor, passenger, crew, and guest of the Boater from the Marina Areas or elsewhere at Ontario Place at the Boater’s expense. Any outstanding fees shall be immediately payable to the Marina. 24. The Boater shall notify the Marina when leaving for an extended cruise or for a period of time in excess of twenty-four (24) hours. During such times, the Boater agrees that the Marina may rent the slip to another boater. 25. The Boater shall not retain outside contractors, service organizations, corporations or individuals to undertake any work on the Boat in the Marina Areas or at Ontario Place without the prior written approval of the Marina. Prior to retaining any outside contractors, service organizations, corporations or individuals (“Workers”) to undertake any work on the boat in the Marina or at Ontario Place, the Boater shall get approval in writing from the Marina for the Workers to attend on specific days. Such approval is required for reasons of security. If Workers are attending on days not approved by the Marina, the Marina reserves the right to eject the Workers from the Marina. 26. The Boater understands and agrees that the Boat shall be subject to periodic safety inspection by the Marina who may, for this purpose, board the Boat at any reasonable hour, and that the Boat may be boarded by the Marina in the event of any emergency which may, in the sole opinion of the Marina, exist. 27. The Boater acknowledges that slip voltage/amperage may not necessarily meet the voltage/amperage requirements of the Boat. The Boater shall obtain the written approval of the Marina prior to making any alterations to the slip, including, but not limited to slip voltage/amperage. The Boater shall assume all costs of such alterations. 28. The Boater covenants and agrees that: 1) No refuse of any kind shall be thrown overboard and that he or she shall leave no refuse of any kind on the Boat, in the Marina Areas or at Ontario Place, and shall deposit garbage in the bins supplied for that purpose; 2) No advertising or soliciting shall be permitted in, on, or from the Marina Areas or any other location at Ontario Place by the Boater without the prior written approval of the Marina; 3) No business activity connected with boats or boating or both, including the boat brokerage business and any activity associated with such business, shall be carried on in or from the Marina Areas or any other location at Ontario Place and the address of the Marina or Ontario Place shall not be used for business purposes without the prior written approval of the Marina; 4) Supplies, accessories, debris or other materials shall not be stored in the Marina Areas or any other location at Ontario Place and shall not construct thereon any lockers, chests or other structures 5) Painting, scraping or repairing of gear shall not be permitted in the Marina area or any other location at Ontario Place. The extent of repairs and/or maintenance to be made in any case shall be in the sole discretion of the Marina 6) The Boat’s toilets and holding tanks shall not be flushed in the Marina Areas and all persons must use the toilet facilities provided on shore; 7) No oil, inflammable liquids, oily bilges or other liquids shall be discharged in the Marina Areas; 8) Only propane fuelled marine barbecues properly mounted are permitted for use within the Marina. All other open flame barbecue fires are prohibited for use on the docks, within the confines of the Marina Areas, or at any other location at Ontario Place; 9) Noise shall be kept to a minimum at all times and all boaters shall exercise good judgement in the operation of generators, engines, radios, etc. so as not to cause a nuisance to others; 10) Swimming shall not be permitted in the Marina waters or from the sunken ship breakwater; 11) Young children shall be accompanied by adults at all times and shall wear life jackets when near the water; 12) Dogs/Cats are not allowed on any Ontario Place property, including the Marina Areas, without permission of the Marina. Requests for permission to have dogs/cats on Ontario Place property shall be submitted to the Marina through the Marina’s “Pet Approval Form” prior to the signing of this Agreement. Should the Marina grant such permission, the Boater shall ensure that any dog/cat is kept on a leash and supervised, that the dog/cat is walked only in areas designated by the Marina, and that the dog/cat owner cleans up after his/her dog/cat. The Boater shall comply with any further rules in this regard as provided by the Marina at the time permission is granted. 13) Laundry shall not to be hung out on boats, docks, piers or other structures in the Marina Areas or any other location at Ontario Place; 14) All power and auxiliary powered vessels shall be under said power when entering or leaving the Marina Areas and no boat shall exceed the speed of 4 miles per hour in the Marina Areas, including approach channels. 15) Any passes issued by the Marina or by Ontario Place Corporation to the Boater, his or her passengers, crew, or guests remain the property of the Marina and all passes shall be used in accordance with the Marina Pass Regulations. 16) Any equipment and other facilities located in the Marina shall be used entirely at the risk of the Boater and any partner, director, officer, employee, agent, contractor, passengers, crew and guest of the Boater. 17) Boaters and their guests must park vehicles in the assigned parking lot as designated on the parking pass. Vehicle owners must display a valid parking permit in a manner that is visible from outside the vehicle. Failure to comply with this section will result in the vehicle being tagged and/or towed. 18) It is the responsibility of the boat owner to ensure that mooring lines are in good condition and used in sufficient quantity to secure vessel under all conditions. Ontario Place Corporation is not responsible for the inspection of mooring lines on vessels moored at Ontario Place Marina. Ontario Place Corporation is not liable for any damage caused in the event of a mooring line breaking or failing. 29. This Agreement is for the rental of a slip in the Marina only. 30. The Boater shall not assign or pledge this Agreement or sub-lease the slip or any part of such interest. 31. This Agreement is not an Agreement of bailment and the Boater is not the bailor of the Boat nor is the Marina the bailee of the Boat. At all material times as between the Boater and the Marina, the Boat shall be and shall be deemed to be in the possession of the Boater notwithstanding that the Marina may, as herein provided, move or otherwise handle the Boat and any and all such moving or handling shall be deemed not to take the Boat out of the possession of the Boater. 32. The provisions of this Agreement do not constitute nor shall they be construed to constitute an employer - employee relationship, an agency relationship, or a partnership or joint venture between the parties. 33. The Agreement will expire on the last day of the Season, unless terminated earlier pursuant to this Agreement. 34. Paragraphs 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 23(3), 32 and 34 survive the expiry or termination of this Agreement.

J'ai lu les modalités qui précèdent et je conviens de m'y conformer.