General Obligations of Developer. Scope of Initial Design and Construction 5.1.1 Developer, in addition to performing all other requirements of the PPA Documents, shall: 5.1.1.1 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 PPA Documents expressly specify will be undertaken by IFA or other Persons) to construct the East End Crossing and maintain it during construction, so as to achieve Substantial Completion and Final Acceptance by the applicable Project Schedule Deadlines; 5.1.1.2 At all times ensure that the Project Manager identified in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) or otherwise approved by IFA (a) will have full responsibility for the prosecution of the D&C Work, (b) will act as agent and be a single point of contact in all matters on behalf of Developer at least until Final Acceptance, (c) is present (or his or her approved designee is present) at the Site at all times that Design Work or Construction Work is performed, and (d) will be available to respond promptly to IFA or its Authorized Representative; 5.1.1.3 Comply with, and require that all Contractors comply with, all requirements of all applicable Laws applicable to the D&C Work; 5.1.1.4 Cooperate with IFA and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of D&C Work; 5.1.1.5 Use commercially reasonable efforts to mitigate delay to design and construction of the East End Crossing and mitigate damages due to delay in all circumstances, 5.1.2 The scope of the initial D&C Work shall consist of all Work necessary to complete the East End Crossing as set forth in Section 1 of the Technical Provisions.
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Sources: Public Private Agreement
General Obligations of Developer. Scope of Initial Design and Construction
5.1.1 Developer, in addition to performing all other requirements of the PPA Documents, shall:
5.1.1.1 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 PPA Documents expressly specify will be undertaken by IFA or other Persons) to construct the East End Crossing and maintain it during construction, so as to achieve Substantial Completion and Final Acceptance by the applicable Project Schedule Deadlines;
5.1.1.2 At all times ensure that the Project Manager identified in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) or otherwise approved by IFA
(a) will have full responsibility for the prosecution of the D&C Work, (b) will act as agent and be a single point of contact in all matters on behalf of Developer at least until Final Acceptance, (c) is present (or his or her approved designee is present) at the Site at all times that Design Work or Construction Work is performed, and (d) will be available to respond promptly to IFA or its Authorized Representative;
5.1.1.3 Comply with, and require that all Contractors comply with, all requirements of all applicable Laws applicable to the D&C Work;
5.1.1.4 Cooperate with IFA and Governmental Entities with jurisdiction in all matters relating to the Work, including their review, inspection and oversight of D&C Work;
5.1.1.5 Use commercially reasonable efforts to mitigate delay to design and construction of the East End Crossing 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; and
5.1.2 The scope of the initial D&C Work shall consist of all Work necessary to complete the East End Crossing as set forth in Section 1 of the Technical Provisions.
Appears in 1 contract
Sources: Public Private Agreement