Common use of DB Work to be Performed Clause in Contracts

DB Work to be Performed. Except as otherwise expressly set forth in this Agreement, and subject to the specific provisions of and exclusions set forth in the Scope Document, Contractor shall perform or cause to be performed any and all work and services required or appropriate in connection with the design, engineering, procurement, procurement of Real Estate Rights, Project Right of Way acquisition in the name of the Department, Project Right of Way clearance, construction, Commissioning, start-up, demonstration, testing and completion of the DB Project, and shall provide all materials, equipment, machinery, tools, labor, supervision, transportation, administration, training and other services and items required to complete and deliver to Concessionaire the fully integrated and operational DB Project, all on a lump-sum, fixed-price, turnkey basis, and otherwise in accordance with the Standard of Care, Laws, Applicable Standards, the Technical Requirements, this Agreement and the other Contract Documents (collectively, the “DB Work”). Notwithstanding the foregoing, the fact that Contractor exercised the Standard of Care shall not excuse Contractor from a breach of any express obligation hereunder or the General Warranty. The DB Work does not include the items expressly excluded from the DB Work by the terms of this Agreement. To the extent any elements of the Early Work have not been completed or, if completed, have not been invoiced by Contractor, prior to the Agreement Date, Contractor is authorized to complete or invoice, as applicable, such Early Work in accordance with this Agreement and payment therefor will be made by Concessionaire under this Agreement (including for any such Early Work performed by Contractor but not invoiced by Concessionaire prior to the Agreement Date, it being understood that Early Work that has been performed and invoiced but not paid prior to the Agreement Date shall be payable at Financial Close). Any Early Work performed and/or approved prior to the Agreement Date shall, upon execution of this Agreement, be deemed to have been performed by Contractor and/or approved pursuant to, and subject to the terms and conditions of, this Agreement. Certain details of the DB Work are described in the Contract Documents, but Contractor shall perform or cause to be performed all DB Work necessary to complete the DB Project generally described in or reasonably inferable from the Contract Documents. Except as otherwise expressly provided in this Agreement (including those items expressly excluded by Exhibit P), all obligations of Concessionaire under the Comprehensive Agreement with respect to the design, construction and completion of the DB Project shall be deemed to be included as part of Contractor’s obligations hereunder and shall be fulfilled by Contractor on behalf of Concessionaire as part of the DB Work. Without limiting the foregoing, Contractor shall perform the following as part of the DB Work: