Common use of Applications and Submittals Clause in Contracts

Applications and Submittals. The DBOM Contractor shall make all filings, applications, reports and certifications necessary to obtain and maintain all Governmental Approvals (other than BWS-designated Governmental Approvals) required to be made, obtained, maintained, renewed or extended by or in the name of the DBOM Contractor or the BWS under Applicable Law in order to operate the Project, including those set forth in Schedule 2 (Governmental Approvals). All permit and filing fees required in order to obtain and maintain Governmental Approvals for the Operation Services shall be paid by the DBOM Contractor, regardless of the identity of the applicant, except with respect to BWS-designated Governmental Approvals or Governmental Approvals required in connection with an Uncontrollable Circumstance. With respect to Governmental Approvals that are required to be obtained in the name of the BWS, the DBOM Contractor shall: (1) Prepare the application, and develop and furnish all necessary supporting material; (2) Supply all data and information which may be required; (3) Familiarize itself with the terms and conditions of such Governmental Approvals; (4) Attend all required meetings and hearings; and (5) Take all other actions necessary in obtaining, maintaining, renewing, extending and complying with the terms of such Governmental Approvals. The DBOM Contractor shall agree to be named as a co-permittee on any Governmental Approval if so required by the issuing Governmental Body or the BWS. The DBOM Contractor shall manage the process of obtaining and maintaining the Governmental Approvals on behalf of the BWS for which it is responsible hereunder in a manner which affords the BWS a reasonable opportunity to participate in the permitting process as desired and to review and comment on such submittals and all material documentation submitted to and issued by any Governmental Body in connection therewith as provided in Schedule 2 (Governmental Approvals). The BWS shall deliver to the DBOM Contractor all Governmental Approvals relating to the Project to which it is a party promptly following receipt thereof.

Applications and Submittals. The DBOM Contractor Lessee shall make all filings, applications, applications and reports and certifications necessary to obtain and maintain m aintain the NPDES Permit, the 503 Permit, the Title V Perm it, the Incinerator Air Perm its and all other Governmental Approvals (other than BWS-designated Governmental Approvals) required to be made, obtained, maintained, renewed obtained or extended maintained by or in the name na me of the DBOM Contractor Lessee or the BWS Lessor under Applicable Law in order to operate the ProjectIncineration Facilities and construct the Initial Capital Improvements (except for the State air permit to construct the fluidized bed incinerator potion of the Initial Capital Improv ements), including those set forth in Schedule 2 Appendices 8 and 9. With respect to Governmental Approvals which are required to be obtained in the name of the Lessor, the Lessee shall: (1) prepare the application and develop and furnish all necessary supporting material; (2) supply all data and information which may be required; (3) familiarize itself with the terms and conditions of such Governmental Approvals); (4) attend all required meetings and h earings; and (5) take all other action necessary or otherw ise reasonably requested by the Lessor in order to assist and support the Lessor in obtaining, maintaining, renewing, extending and complying w ith the terms of such Governmental Approvals. The Lessee shall not file any Governm ental Approval without first providing the Lessor an opportunity to review and com ment thereon. The Lessee shall submit draft copies of all Governmental Approvals to the Lessor sufficiently in advance of their filing with the Governmental Body to allow for full and meaningful review and comment by the Lessor. All permit perm it and filing fees required in order to obtain and maintain Governmental Governm ental Approvals for the Operation Services Leasehold Obligations shall be paid by the DBOM ContractorLessee, regardless of the identity of the applicant, except with respect to BWS-designated Governmental Approvals or Governmental Approvals required in connection with an Uncontrollable Circumstance. With respect to Governmental Approvals that are required to be obtained in the name of the BWS, the DBOM Contractor shall: (1) Prepare the application, and develop and furnish all necessary supporting material; (2) Supply all data and information which may be required; (3) Familiarize itself with the terms and conditions of such Governmental Approvals; (4) Attend all required meetings and hearings; and (5) Take all other actions necessary in obtaining, maintaining, renewing, extending and complying with the terms of such Governmental Approvals. The DBOM Contractor Lessee shall agree to be named nam ed as a perm ittee or co-permittee on any Governmental Approval if so required by the issuing Governmental Body or the BWSBody. The DBOM Contractor Lessee shall manage the process of obtaining and maintaining the Governmental Approvals on behalf of the BWS for which it is responsible hereunder not knowingly take any action in a manner which affords the BWS a reasonable opportunity to participate in the permitting process as desired and to review and comment on such submittals and all material documentation submitted to and issued by any application, data submittal or other communication with any Governmental Body regarding Governmental Approvals that w ould be unfairly detrim ental to the position of the Lessor in connection therewith as relationship to the Lessee; provided in Schedule 2 (that nothing shall restrict the Lessee from submitting to any Governmental Approvals)Body any application, data or other information that the Lessee reasonably believes is true and accurate. The BWS Lessor shall deliver not know ingly take any action in any application, data submittal or other communication with any Governm ental Body that would be unfairly detrimental to the DBOM Contractor all position of the Lessee in relationship to the Lessor; provided that nothin g shall restrict the Lessor from submitting to any Governmental Body any application, data or other information that the Lessor reasonably believes is true and accurate. With respect to the Initial Capital Improvements, the Lessee shall obtain, maintain, renew and extend Governmental Approvals relating to required for their operation hereunder including obtaining the Project to which it is a party promptly following receipt thereofnecessary operating approvals for the fluidized bed incinerator portion of the Initial Capital Improvements under the State air permit.