Common use of Design Development and Services Clause in Contracts

Design Development and Services. 3.2.1 As of this date or within thirty (30) Days from the Effective Date, Design-Builder has or shall have provided to Owner the following documents, and any other documents reasonably agreed to by Design-Builder and Owner as applying to the conceptual design of the Project and required to apply for the construction air permit or completion of the Site layout in cooperation with Owner’s rail engineer (collectively, the “Preliminary Construction Documents”), which shall be consistent with the Project Scope and once approved by Owner, shall be part of this Agreement: (a) major equipment lists, with sizes; (b) process flow diagram; (c) process design criteria and/or process description; (d) heat and material balance; (e) motor lists and electric loads; and (f) Site layout. Owner shall have thirty (30) Days from the date it receives the Preliminary Construction Documents to review and approve such documents. The Preliminary Construction Documents shall establish performance standards for the completed Project and identify components required to meet those performance standards. Any changes to the Preliminary Construction Documents (a) shall be subject to the prior review and approval by Owner, such approval not to be unreasonably withheld or delayed, and (b) shall not adversely impact the Performance Guarantee Criteria.