Ontario Power Generation

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Ontario Power Generation Inc. ("OPG") welcomes you to its web site (this "Site").

Agreement to Terms

OPG is providing you with access to this Site on the terms (these "Terms") set out below. By using this Site, you acknowledge that you have read and understand these Terms and you agree to be bound by these Terms. OPG may change these Terms from time to time. It is your responsibility to check for such changes and your use of this Site will be governed by the changed Terms, with effect from the date of posting.

Disclaimer and Limitation of OPG’s Liability

Your use of this Site is entirely at your own risk. OPG assumes no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, this Site. OPG has no obligation, and disclaims any duty, to update or correct any part of, or information in, this Site. OPG PROVIDES THIS SITE, INCLUDING ALL THE INFORMATION IN THIS SITE, SOLELY ON AN "AS IS, AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WHATSOEVER, INCLUDING:

(a)
ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT ANY PART OF, OR INFORMATION IN, THIS SITE IS AVAILABLE, ACCURATE, COMPLETE, CURRENT OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES; OR
(b)
ANY IMPLIED REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT OF ANY RIGHT OF ANY THIRD PARTY.

This Site may contain hyperlinks or pointers to other sites located on servers maintained by third parties over which OPG has no control. Accordingly, your use of any such other sites is entirely at your own risk and OPG assumes no responsibility whatsoever for any use of any such site. None of the hyperlinks or pointers to such other sites implies that OPG authorises, endorses or sponsors any such other site or any information in any such other site. You are solely responsible for compliance with all statutes, regulations, codes and other applicable laws in the jurisdiction from which you access this Site.

IN NO EVENT WHATSOEVER WILL OPG BE LIABLE, IN RESPECT OF THIS SITE FOR ANY MATTER WHATSOEVER, TO ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR COMPANY, WITH OR WITHOUT SHARE CAPITAL, TRUST, FOUNDATION, JOINT VENTURE, GOVERNMENTAL AUTHORITY OR ANY OTHER INCORPORATED OR UNINCORPORATED ENTITY OR ASSOCIATION OF ANY NATURE FOR:

(a)
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OR DAMAGE TO DATA OR ANY OTHER INFORMATION, LOSS OF GOODWILL, LOSS OF ACTUAL OR ANTICIPATED REVENUE OR PROFITS, FAILURE TO REALISE EXPECTED SAVINGS OR LOSS OF USE ARISING IN RESPECT OF THE USE OF, OR RELIANCE ON, ANY PART OF, OR INFORMATION IN, THIS SITE OR ANY OTHER SITE WHICH THIS SITE CONNECTS TO BY A HYPERLINK OR POINTER OR FOR ANY OTHER ECONOMIC LOSS WHATSOEVER), EVEN IF OPG HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES;

(b)
PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; OR

(c)
CONTRIBUTION OR INDEMNITY.

You will indemnify and hold harmless OPG and each of its shareholders, directors, officers, employees, agents and representatives from and against all fines, penalties, claims, demands, liabilities, damages, costs and expenses (including lawyer’s fees and expenses) arising in respect of:

(a): your use of this Site;
(b): any breach by you of any of these Terms;
(c): your failure to comply with any applicable statutes, regulations or other applicable laws; or
(d): any of your intentional wrongdoings.

You may not bring any action against OPG or any of its shareholders, directors, officers, employees, agents or representatives, regardless of form, arising in respect of this Site for any matter whatsoever, including these Terms, more than six months after the cause of action has arisen.

Intellectual Property Rights

You may use and reproduce any information in this Site solely for educational or non-commercial purposes, so long as you do not change any such information and so long as you include with all such information the following, "Copyright © 2000-2004 Ontario Power Generation Inc., all rights reserved. This information is subject to the terms of use set out in Ontario Power Generation Inc.’s web site (www.opg.com)."

Except as set out in the previous paragraph, you may not use, copy, publish, reproduce, distribute, disseminate, transmit, download, display (including by way of mirroring, inline linking or framing) or post any information from this Site without OPG’s prior written consent and you may not create derivative works based on any information in this Site or use any information in this Site to improve competing works.

If you create a link to this Site, you may not:

(a): state or imply that OPG authorises, endorses or sponsors any of the goods, services or other information in the other site;
(b): misrepresent the relationship, if any, between the other site and OPG; or
(c): use any OPG trade-marks, service marks, trade names or other proprietary or intellectual property rights of OPG (including for metalinking purposes) without OPG’s prior written consent.

No Solicitation

Nothing in this Site constitutes, or will be deemed to constitute, a solicitation, offer, invitation or recommendation to invest, or otherwise deal, in securities of OPG.

Governing Law and Forum

The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of this Site and any suit, action or other proceeding, or dispute or other controversy respecting this Site. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in respect of any suit, action or other proceeding made or brought by you in respect of this Site for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of this Site for any matter whatsoever, except in Toronto, Canada.

General

Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa and words importing gender include all genders. The term "including" means "including without limitation". If any term in these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that term will not affect:

(a): the legality, validity or enforceability of the remaining terms of these Terms; or
(b): the legality, validity or enforceability of that term in any other jurisdiction.

These Terms, constitute the entire agreement between OPG and you with respect to the use of this Site and supersedes all prior terms, agreements, discussions, undertakings, representations, warranties, conditions, guarantees and understandings, whether written or verbal. These Terms enure to the benefit of and bind OPG and you and, to the extent applicable, each of our respective heirs, executors, administrators, personal and legal representatives, successors and assigns.