Development of the Facility Clause Samples
Development of the Facility. 7.1 General Obligations of Developer
7.1.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the CDA Documents expressly specify will be undertaken by TxDOT or other Persons) to construct the Facility and maintain it during construction, so as to achieve Service Commencement and Final Acceptance by the applicable Milestone Schedule Deadlines;
7.1.2 At all times provide a Facility Manager approved by TxDOT who (a) will have full responsibility for the prosecution of the Work, including Design Work, Construction Work and O&M Work, (b) will act as agent and be a single point of contact in all matters on behalf of Developer, (c) will be present (or his/her designee approved by TxDOT will be present) at the Site at all times that Design Work or Construction Work is performed, and (d) will be available to respond to the Independent Engineer, TxDOT or its Authorized Representatives;
7.1.3 Comply with, and require that all Contractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended;
7.1.4 Cooperate with TxDOT, the Independent Engineer, and Governmental Entities with jurisdiction in all matters relating to the Work, including Design Work, Construction Work and O&M Work, including their review, inspection and oversight of the design, construction, operations and maintenance of the Facility and the design and construction of the Utility Adjustments; and
7.1.5 Use commercially reasonable efforts to mitigate delay to design and construction of the Facility and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
7.2 Performance, Design and Construction Standards; Deviations
7.2.1 Developer shall furnish all aspects of the Design Work and all Design Documents, including design required in connection with the operation and maintenance of the Facility, Renewal Work or Upgrades, and shall construct the Facility and/or Utility Adjustments included in the Construction Work as designed, free from Defects, and in accordance with (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the CDA Documents (including the Technical Provisions and...
Development of the Facility. 28 Section 3.1
Development of the Facility a) The Concessionaire shall undertake at its expense the development and upgradation of the Facility, in accordance with terms of Clearances, Technical Requirements and the terms and conditions of this Agreement, or where not so specified, in accordance with Good Industry Practices.
b) The Concessionaire may implement the Project on its own or through Contractor(s). The Concessionaire shall commence the development and upgradation of the Facility within 30 days of the Compliance Date and ensure that substantial completion of the Facility (like Staff as per norms, Installation of the Furniture /Equipment, Availability of Power Load as per norms etc.) is achieved by . However, if the Concessionaire deems, he may ensure substantial completion before due date.
c) The appointment of Contractor(s) shall not, in any manner, relieve the Concessionaire of its obligations under this Agreement.
d) The Concessionaire shall ensure that the upgradation works shall comprise only materials and goods which shall be of sound quality and which shall have been manufactured and prepared and all workmanship shall be in accordance with Good Industry Practices and that each part of the works shall be fit for the purpose for which it is required as stated in or as may be reasonably inferred from the plans.
e) The Concessionaire acknowledges that all debris and construction and building materials (sand, gravel, stone, rock, loose earth etc.) lying at the Project Site or generated during upgradation of the Facility shall be the property of the Concessioning Authority. The Concessionaire shall dispose of at its cost such debris and construction and building materials in accordance with the written instructions issued by the Concessioning Authority from time to time.
f) The Concessionaire shall achieve Substantial Completion by in accordance with the terms and conditions of this Agreement. However, if the Concessionaire deems, he may ensure substantial completion before the due date.
g) If the Substantial Completion of the Facility is delayed due to an act or omission of the Concessionaire or its Contractor(s), sub- contractors, agents or employees in contravention of its obligations under this Agreement or the Project Agreements it shall be a Concessionaire Event of Default. If the Substantial Completion is delayed due to an act or omission of the Concessioning Authority in contravention of its obligations under this Agreement, the Concession Period shall be extended for a period of ...
Development of the Facility. (a) Subject to the limitations set forth in the Facility Agreements, the City will use it best efforts to develop, acquire, construct, finance and operate the Facility at the lowest possible cost consistent with other objectives. The City will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
(b) The City may, in its sole discretion, determine that (i) key approvals or permits for the Facility cannot be obtained on a timely basis or that the City cannot otherwise meet its obligations hereunder or under the Power Purchase Agreement, or (ii) proceeding with the development, acquisition and construction of the Facility will result in unacceptable risk to the City. In such case if the City decides not to develop the Facility, then the City shall exercise its option to terminate the Power Purchase Agreement pursuant to Section 4.02(a) thereof.
Development of the Facility. (a) Subject to the limitations set forth in, and in accordance with, the Facility Agreements, the City will use it best efforts to develop, acquire, construct, finance and operate the Facility The City will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
Development of the Facility. The Concessionaire shall undertake at its expense the development and upgradation of the Facility, in accordance with terms of Clearances, Technical Requirements and the terms and conditions of this Agreement, or where not so specified, in accordance with Good Industry Practices.
Development of the Facility. 22 Section 3.1 In General 22 Section 3.2 Certification of Commercial Operation Dates 23 Section 3.3 Other Information 24 Section 3.4 Milestone Schedule 24 Section 3.5 Performance Damages 24 Section 3.6 Milestone Extensions 25 Section 3.7 Obtain CEC Certification 26 Section 3.8 Decommissioning and Other Costs 26 ARTICLE IV OPERATION AND MAINTENANCE OF THE FACILITY 26 Section 4.1 Compliance with Electrical Service Requirements 26 Section 4.2 General Operational Requirements 26 Section 4.3 Operation and Maintenance Plan 26 Section 4.4 Environmental Credits 27 Section 4.5 Scheduling of Energy and Scheduled Outages 27 Section 4.6 Curtailment 29
Development of the Facility. (a) Subject to the limitations set forth in, and in accordance with, the Facility Agreements, the District will use it best efforts to develop, acquire, construct, finance and operate the Facility. The District will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
Development of the Facility. Design and Permitting. Seller shall determine the proposed location, design, configuration and capacities of the Facility as it deems appropriate, subject only to the requirements of this Agreement and all applicable Requirements of Law. Seller, at its expense, shall timely take all steps necessary to obtain all Permits required to construct, maintain or operate the Facility and for the production, sale and delivery of Energy and Environmental Attributes in accordance with the requirements of this Agreement and all applicable Requirements of Law. Seller shall represent the Facility as necessary in all meetings with and proceedings before all Governmental Authorities.
Development of the Facility