Design and Construction of the Project. Section 8.01 General Obligations of the Developer (a) The Developer will furnish all design, construction and other services, provide all materials, equipment and labor to perform the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement. (b) Except as otherwise expressly provided in this Agreement, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data and other information set forth in Exhibit R (Known Pre-Existing Hazardous Substances) (provided, the Developer will be entitled to rely upon Exhibit R to establish whether a Pre-Existing Hazardous Substance is Known or Unknown and to determine the size and nature of the presence of such Hazardous Substance for purposes of Section 16.02), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, or endangered and threatened species, affecting the Project Right of Way or surrounding locations. The Developer acknowledges that such information is for the Developer’s reference only and has not been verified by the Department, and that the Developer will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project. (c) Except as otherwise expressly provided in this Agreement, the Developer will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including: (i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area; (ii) changes in surface topography; (iii) variations in subsurface moisture content; (iv) Utility facilities; (v) Hazardous Substances, including contaminated groundwater; (vi) any archeological, paleontological or cultural resources; and (vii) any species listed as threatened or endangered under Federal or Commonwealth endangered species Law. (d) The Developer will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except in the case of a Department-Caused Delay, the Department will not be liable for any delays, disruptions or damages caused by such contractors. (e) The Developer Representative and the Department Representative will be reasonably available to each other and will have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work. (f) The Developer’s Responsible Charge Engineer will be reasonably available to the Department and will have the necessary authority, expertise and experience required of the Responsible Charge Engineer. (g) Prior to and during the Construction Period, the Developer will provide information to the public concerning the Project, any Change Order or any other construction activities in accordance with the Technical Requirements. (h) The Developer will prepare and submit to the Department for its review and approval to confirm that the Project Development Plans are in accordance with the requirements and times set forth in the Technical Requirements. (i) The Developer will not enter into any agreement with any Governmental Authority with jurisdiction over any Governmental Approval, Utility Owner, railroad, property owner or other third party having regulatory jurisdiction over any aspect of the Project or the Work or having any property interest affected by the Project or the Work that in any way purports to obligate the Department, or states or implies that the Department has an obligation, to the third party to carry out any activity during or after the end of the Term, unless the Department otherwise approves the same in writing in its sole discretion. Except in the case of an agreement approved by the Department pursuant to the preceding sentence, the Developer has no power or authority to enter into any such agreement with a third party in the name or on behalf of the Department and the parties agree that any purported agreement to that effect will be null and void. (j) The Developer will be responsible for performing and completing all Work that the Developer is obligated to perform for or on behalf of third parties relating to the Project in accordance with its agreement with such third parties and subject to any dispute resolution with such third parties and without prejudicing the Developer’s rights under any such agreements.
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