Common use of Design and Construction Standards Clause in Contracts

Design and Construction Standards. The Facilities shall be designed and constructed to comply with all applicable federal, state and local laws and regulations in effect at the time of the Authority’s issuance of the Beneficial Use determination for the Facilities, (the “Construction Standards”). Beneficial Use determination shall be defined as the determination by the Loudoun Water inspector that the Facilities are ready for use and services can be connected to the main. Unless exempted by the applicable regulatory entity as part of a regulatory change, the Developer is responsible for ensuring the Facilities comply with the Construction Standards at the time of the Authority’s issuance of the Beneficial Use determination for the Facilities even if the Construction Standards change after a permit for construction of the Facilities is issued by the Authority. The construction of the Facilities shall be subject to inspection and approval by the Authority based upon the approved plans, Authority permits and Construction Standards. The Developer shall design and construct the Facilities in accordance with the following, as any of the same are amended from time to time, a copy each of which is on file with the Authority and included herein by reference: a. the Statement of Policy published by the Authority; b. the Engineering Design Manual published by the Authority, dated September 2010; c. the plans and specifications for the project prepared by the Developer’s engineer and approved by the Authority, including any revision required by the Authority or other regulatory agency due to a change in the Construction Standards identified prior to the issuance of the Beneficial Use determination.

Design and Construction Standards. The Facilities shall be designed and constructed to comply with all applicable federal, state and local laws and regulations in effect at the time of the Authority’s issuance of the Beneficial Use determination for the Facilities, (the “Construction Standards”). Beneficial Use determination shall be defined as the determination by the Loudoun Water inspector that the Facilities are ready for use and services can be connected to the main. Unless exempted by the applicable regulatory entity as part of a regulatory change, the Developer is responsible for ensuring the Facilities comply with the Construction Standards at the time of the Authority’s issuance of the Beneficial Use determination for the Facilities even if the Construction Standards change after a permit for construction of the Facilities is issued by the Authority. The construction of the Facilities shall be subject to inspection and approval by the Authority based upon the approved plans, Authority permits and Construction Standards. The Developer shall design and construct the Facilities in accordance with the following, as any of the same are amended from time to time, a copy each of which is on file with the Authority and included herein by reference: a. the Statement of Policy published by the Authority; b. the Engineering Design Manual published by the Authority, dated September 2010October 2013 or as amended; c. the plans and specifications for the project Project prepared by the Developer’s engineer and approved by the Authority, including any revision revision(s) required by the Authority or other regulatory agency due to a change in the Construction Standards identified prior to the issuance of the Beneficial Use determination.