Common use of Governmental Approvals and Permits Clause in Contracts

Governmental Approvals and Permits. 7.13.1 The Company shall prepare and submit Governmental Approvals and Permit renewal applications required by Applicable Law for the Wastewater Facilities, including necessary backup and detailed operation and maintenance performance reports, no later than 180 days prior to the expiration of the current Governmental Approval or Permit. 7.13.2 The Company shall use its best efforts to ensure that the Governmental Approval or Permit is processed and renewed by the FDEP and respond to all additional requests by FDEP in support of obtaining such Governmental Approval or Permit renewal; provided, however, (i) the Company shall not be required to provide engineering services and/or to certify permit applications; and (ii) the Company shall not be responsible for unreasonable or arbitrary delays or additional permit requirements imposed or caused by the Governmental Authority. Still under review and rewrite – Are any permits required for operation of collection system? 7.13.3 The Company shall assume responsibility for payment of any fines and penalties arising out of, related to or resulting from the Company’s violation of any Applicable Law or Governmental Approval or Permit to the extent caused by the negligence or willful misconduct of the Company. 7.13.4 The Company shall conduct analysis of any repeated or persistent non- compliance issues, and recommend remedial measures to the Village for system or Wastewater Facilities’ modifications, if appropriate. 7.13.5 Any testing, certifications, work, or activities otherwise required to support a permit application that is not performed by the Company under this Agreement will be paid for by the Village or reimbursed to the Company by the Village. The Company shall not be responsible for any costs related to permit applications and renewals other than the cost of the Company’s labor.

Appears in 1 contract

Sources: Design, Build and Operate Agreement

Governmental Approvals and Permits. 7.13.1 The Company shall prepare and submit Governmental Approvals and Permit renewal applications required by Applicable Law for the Wastewater Facilities, including necessary backup and detailed operation and maintenance performance reports, no later than 180 days prior to the expiration of the current Governmental Approval or Permit. 7.13.2 The Company shall use its best efforts to ensure that the Governmental Approval or Permit is processed and renewed by the FDEP and respond to all additional requests by FDEP in support of obtaining such Governmental Approval or Permit renewal; provided, however, (i) the Company shall not be required to provide engineering services and/or to certify permit applications; and (ii) the Company shall not be responsible for unreasonable or arbitrary delays or additional permit requirements imposed or caused by the Governmental Authority. Still under review and rewrite – Are any permits required for operation of collection system?. 7.13.3 The Company shall assume responsibility for the payment of any fines and penalties arising out of, related to or resulting from the Company’s violation of any Applicable Law or Governmental Approval or Permit to the extent caused by the negligence or willful misconduct of the Company. 7.13.4 The Company shall conduct analysis of any repeated or persistent non- compliance issues, and recommend remedial measures to the Village for system or Wastewater Facilities’ modifications, if appropriate. 7.13.5 Any testing, certifications, work, or activities otherwise required to support a permit application that is not performed by the Company under this Agreement will be paid for by the Village or reimbursed to the Company by the Village. The Company shall not be responsible for testing, certification or engineering services for NPDES permits or renewals, but shall provide data and support the Village in obtaining any costs related to required NPDES permit applications and renewals other than the cost of the Company’s laboror renewals.

Appears in 1 contract

Sources: Design, Build and Operate Agreement