5. The Tenant agrees to make all commercially reasonable efforts to operate its business and maximize its gross revenue earning potential during the Target Months.
6. The Tenant shall immediately notify CMHC of any business interruption insurance proceeds and/or non-repayable proceeds of federal or provincial government programs targeted at assistance instituted in response to the COVID-19 emergency received or receivable by the Tenant for the Target Months.
7. The Tenant is not the subject of any actual or pending insolvency proceeding and has not made any filing for relief or protection under the Bankruptcy and Insolvency Act (Canada), the Companies’ Creditors Arrangement Act (Canada) or any other bankruptcy or insolvency legislation of any jurisdiction.
8. The Tenant is not and is not controlled by an individual holding federal or provincial political office. The Tenant is not and is not owned by any person that promotes violence, incites hatred, or discriminates on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered; provided that the foregoing statement does not apply, in the case of any Tenant that is a publicly-listed company, to any person that holds publicly listed securities in the Tenant that do not constitute a controlling interest (or to the ultimate parent of that person). No portion of the Leased Premises is used for any activity or undertaking which is criminal in nature.
9. All of the terms and provisions of this Tenant’s Attestation shall survive and remain in full force and effect in accordance with their terms, notwithstanding the performance or termination of the Agreement (including the terms and conditions included therein) or the repayment, satisfaction or discharge of all obligations under the Agreement (including the terms and conditions included therein) and the Program.
10. Any notice required or permitted to be made to the Tenant pursuant to this Tenant’s Attestation or the Program shall be sufficiently given if delivered by electronic transmission at the email address below, by personal delivery or by regular mail to the Tenant at the Leased Premises.
11. The Tenant agrees to participate in monthly gross revenue reporting requirements and post-financial support surveys conducted by CMHC or any of its representatives or agents. The Tenant acknowledges that providing false or misleading information to CMHC on this Tenant’s Attestation or otherwise in connection herewith may result in a determination by CMHC that the Tenant is not eligible to receive financial or other benefits through CMHC and may expose the Tenant to remedies under the Agreement and at law to recover any benefits obtained. In the event that, during the Target Months, this Tenant’s Attestation or anything contained herein should become untrue in any material respect, the Tenant shall disclose the same to CMHC.
Schedule “A” – Application Terms and Conditions
By submitting an application (“Application”) to Canada Mortgage and Housing Corporation, as lessor, (“CMHC” or the “Landlord”) for financial support under the CMHC Granville Island Rent Relief Program (the “Program”), the Tenant, as lessee, (the “Tenant”) hereby acknowledges and agrees to the following terms and conditions:
1. Collection of Corporate Information and Personal Information (collectively, the “Information”). The Landlord (and parties working on its behalf or collaborating with the Landlord to administer the Program, where applicable) may collect information about the Tenant including information about any business legal entity (“Corporate Information”) and “Personal Information” (meaning any information about an identifiable individual, which may also include the Personal Information of the Tenant or sub-tenants, that is recorded in any form), from or through the Application. In addition, the Landlord may collect Corporate Information that is presently in its possession arising out of, or in connection with, the Tenant’s prior or existing relationship(s) with the Landlord. If any of the collected Information changes or becomes inaccurate, the Tenant must promptly notify Landlord in writing of the change. The Tenant agrees to participate in surveys conducted by the Landlord or any of its representatives and agents.
2. Use and Disclosure of Information.
a) The Tenant agrees that the Information collected in connection with an Application may be used or disclosed for the following purposes:
(i) to assess the Tenant’s eligibility under the Program;
(ii) to assess the Application, including for prioritization of applications received;
(iii) for any purpose related to the provision, servicing, administration, assignment, financing and enforcement of any applicable loan to be advanced under the Program;
(iv) for Information verification and due diligence purposes, including to detect and protect CMHC from errors and fraud;
(v) for analytics, policy analysis, data analysis, auditing and research by CMHC and its representatives;
(vi) for evaluation and efficient administration of the Program; and
(vii) for use by CMHC for any purpose related to the National Housing Act (Canada).
b) Upon submission of the Application, the Landlord and parties working on its behalf or collaborating with the Landlord, where applicable, are authorized to collect, process and store the Information and disclose it, on a need to know basis, for the purposes outlined in subsection 2(a) above, to:
(i) employees of CMHC and the employees of any applicable parties in the administration of the Program; and/or
(ii) the office of the Minister responsible for CMHC.
3. Proprietary and/or Confidential Information. All Information regarding the terms and conditions and financial and/or technical aspects of the proposal by the Tenant that are proprietary or confidential in nature have been and will be marked “PROPRIETARY” or “CONFIDENTIAL” when submitted to the Landlord. Proprietary and confidential markings shall be included beside each item or at the top of each page containing Information that the Tenant wishes to protect from disclosure. The Landlord will make all reasonable efforts to protect the documents of the Tenant and Information so marked from disclosure. Notwithstanding the foregoing, (i) the Landlord shall have no liability of any kind to the Tenant or any other party, based on inadvertent or unintentional disclosure of proprietary or confidential Information; and (ii) the Landlord is authorized to disclose proprietary or confidential Information, on a need to know basis, to the parties listed in subsection 2(b). The Tenant has been advised that as a Crown corporation, CMHC is subject to federal legislation including the Access to Information Act and the Privacy Act. In certain specific circumstances, Information submitted to the Landlord by the Tenant may be required to be disclosed pursuant to federal legislation. In such cases, to the extent reasonably possible and permitted under the law, the Landlord will make efforts to advise The Tenant of the required disclosure prior to releasing the Information.
4. Contact. The Landlord and parties working on its behalf are each authorized to contact any person listed in the Application to consider any Tenant’s eligibility for the financial support requested or in connection with the administration of the Program and may send such person(s) information by email or other means of communication.
5. Verification and Credit Inquiries. Where applicable to determine creditworthiness for financial support in the form of payment plan or any other form of rent relief, the Tenant authorizes the Landlord to: (i) obtain business credit reports or individual credit reports or both, where applicable (for example, on sole proprietors, surety/guarantors, for-profit corporate entities, not-for-profit organizations) to perform a credit check and verify information provided by or on behalf of the Tenant and to assess the Tenant’s application; and (ii) make any other inquiries required, including without limitation, obtaining corporate and business information, to assess the Tenant’s application.
6. Integrity Checks. The Tenant authorizes the Landlord to conduct general integrity and criminal record checks and other similar screening (“Integrity Screening”) of the Tenant to assess the Tenant’s eligibility for receipt of financial support under the Program. The Landlord may additionally require Integrity Screening to be performed on any parties affiliated with the Tenant, including without limitation, its directors, shareholders and beneficial owners shall cause to be delivered to the Landlord consents to such Integrity Screening being performed duly signed by such affiliated parties, if requested by the Landlord.
7. Acknowledgement. The Tenant acknowledges that: (i) any acknowledgement of receipt of the submitted Application shall not constitute an approval of the application or a guarantee that the Tenant will receive any financial support; (ii) the Application and any other submitted materials will not be returned to the Tenant; and (iii) the Tenant is not entitled to any compensation for any work related to, or materials supplied in connection with, the Application.
8. Release. By creating or attempting to create an Application to the Landlord under the Program, and upon submission of an Application, the Tenant applying or purporting to apply for the Program releases and forever discharges the Landlord from any and all actions, causes of action, allegations, suits, debts, costs, claims and demands of whatsoever kind or nature arising out of, or in connection with, the Tenant’s Application or attempted application made in connection with the Program, including the assessment, evaluation and any selection process and any use of this website. The Landlord is not responsible for applications that are lost, late, misdirected or delayed for any reason, including for any failure of the website or technical malfunctions related thereto.
9. Access to Information and Privacy Statement. Where Personal Information is collected, the collection, use and disclosure of Personal Information shall be in accordance with the federal Privacy Act. The Privacy Act provides individuals with a right to access their Personal Information that is under the control of CMHC, to request corrections of their Personal Information and to file a complaint to the Privacy Commissioner of Canada regarding CMHC’s handling of Personal Information. Please direct any questions, comments, concerns, requests for Personal Information or complaints to CMHC’s Access to Information and Privacy Office at (613) 748-2501 or visit our website at https://www.cmhc-schl.gc.ca/en/about-cmhc/corporate-reporting/transparency/access-to-information-and-privacy-protection.
10. Headings for Convenience Only. The headings used in these terms and conditions are intended for convenience or reference only and do not affect the interpretation of the provisions of these terms and conditions.
