Common use of Access to the Sites Clause in Contracts

Access to the Sites. For each Site, and in accordance with the Site Access Schedule, Owner shall obtain from the Applicable Local Unit a license to access and use such Site under and pursuant to terms of the applicable License Agreement. In the event Owner has not obtained from the Applicable Local Unit a license to access and use such Site, and such lack of a license impacts the Critical Path of the Project Schedule for such Site, the Contractor shall be entitled to a day for day extension of the Guaranteed Substantial Completion Date for such SGF. Consistent with such license, Owner or Authority Construction Monitor shall arrange with such Local Unit to provide reasonable, non-exclusive rights of ingress and egress, for Contractor and all Subcontractors, in accordance with the Project Schedule, to and from (a) the Site, (b) any Local Unit easements to the Site, and (c) the installation laydown areas. Upon Contractor’s reasonable request, Owner and Authority Construction Monitor shall cooperate with and support Contractor in making any additional access arrangements with the Applicable Local Unit. Owner shall arrange with the Local Unit to provide Contractor access in accordance with the Site Access Schedule to the Site to permit Contractor to construct and install each portion of the System within the Project Schedule. Such access shall be exclusive as to the area of the Site and duration to the minimum extent required to perform the Work in accordance with the Project Schedule. In developing the Project Schedule and the Site Access Schedule, the Parties will make commercially reasonable accommodations to the Applicable Local Unit in the management of its Sites; and Contractor recognized, during its preparation of its response to Owner’s request for proposals, that certain of the Sites, by the nature of the activities conducted there, will not be available for performance of the Work during the normal operating hours for such Sites (or during certain portions of such operating hours). Subject to the foregoing, if Contractor or its Subcontractors are denied access in accordance with the applicable Site Access Schedule and Contractor has provided timely Notice to Owner of such denial (i.e., within twenty-four (24) hours after occurrence of the access denial), then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 adjusting the Project Schedule (including the Guaranteed Substantial Completion Date) and Contract Price (but only to the extent Contractor incurs a direct cost) for the period during which it was denied access in accordance with the applicable Site Access Schedule.

Appears in 1 contract

Sources: Procurement and Construction Contract

Access to the Sites. For each Site, and in accordance with the Site Access Schedule, Owner shall obtain from the Applicable Local Unit a license to access and use such Site under and pursuant to terms of the applicable License Agreement. In the event Owner has not obtained from the Applicable Local Unit a license to access and use such Site, and such lack of a license impacts the Critical Path of the Project Schedule for such Site, the Contractor shall be entitled to a day for day extension of the Guaranteed Substantial Completion Date for such SGF. Consistent with such license, Owner or Authority Construction Monitor shall arrange with such Local Unit to provide reasonable, non-exclusive rights of ingress and egress, for Contractor and all Subcontractors, in accordance with the Project Schedule, to and from (a) the Site, (b) any Local Unit easements to the Site, and (c) the installation laydown areas. Upon Contractor’s reasonable request, Owner and Authority Construction Monitor shall cooperate with and support Contractor in making any additional access arrangements with the Applicable Local Unit. Owner shall arrange with the Local Unit to provide Contractor access in accordance with the Site Access Schedule to the Site to permit Contractor to construct and install each portion of the System within the Project Schedule. Such access shall be exclusive as to the area of the Site and duration to the minimum extent required to perform the Work in accordance with the Project Schedule. In developing the Project Schedule and the Site Access Schedule, the Parties will make commercially reasonable accommodations to the Applicable Local Unit in the management of its Sites; and Contractor recognized, during its preparation of its response to Owner’s request for proposals, that certain of the Sites, by the nature of the activities conducted there, will not be available for performance of the Work during the normal operating hours for such Sites (or during certain portions of such operating hours). Subject to the foregoing, if Contractor or its Subcontractors are denied access in accordance with the applicable Site Access Schedule in violation of the terms of the applicable License Agreement (including Section 3.1 thereof) and Contractor has provided timely Notice to Owner of such denial (i.e., within twenty-four (24) hours after occurrence of the access denial), then Contractor shall be entitled to a Change Order pursuant to ARTICLE 8 adjusting the Project Schedule (including the Guaranteed Substantial Completion Date) and Contract Price (but only to not increasing the extent Contractor incurs a direct costContract Price) for the period during which it was denied access in accordance with the applicable Site Access Schedule.

Appears in 1 contract

Sources: Procurement and Construction Contract