Common use of Obligation to Complete Clause in Contracts

Obligation to Complete. (a) The Concessionaire will carry out and complete the Phase 2 Work: (i) In accordance with the provisions of this Contract, the HPTE Phase 2 Work Requirements, the Concessionaire's Phase 2 Work Proposals and Good Industry Practice, all Necessary Consents and all applicable Law (including, without limitation C.R.S. 38-26-107); and (ii) To achieve Phase 2 Work Completion by the Planned Full Services Commencement Date. (b) The Concessionaire will ensure that: (i) All persons employed in connection with the performance of the Phase 2 Work will be skilled and experienced in their several professions, trades and callings or adequately supervised; (ii) All aspects of the Phase 2 Work will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Phase 2 Work in accordance with this Contract; (iii) The Phase 2 Work is maintained in good order, kept in a safe condition and protected from damage, and working areas of the Site are secure against trespassers and clean and tidy, in each case so far as is practicable having regard to the nature of the Phase 2 Work; and (iv) An individual who is a registered licensed professional engineer in the State of Colorado will be "responsible charge" of the Phase 2 Work. As used in the preceding sentence, "responsible charge" means personal responsibility for the control and direction of engineering work within a professional engineer's scope of competence. (c) HPTE shall have the right to determine in its sole discretion acting in good faith that any individual employed by the Concessionaire or by any Sub-Contractor is acting so as to cause a material risk of damage to health, safety or property or is under the influence of alcohol or drugs or is acting or threatening to act in a violent manner, at which time at the written request of HPTE, the Concessionaire or such Sub- Contractor shall remove such Person and such Person shall not be re-employed on the Project without the prior written approval of HPTE. If the Concessionaire or the Sub-Contractor fails to remove such individual(s), then HPTE may, in its sole discretion, suspend the portion of the Phase 2 Work on which the individual is present by delivery of written notice of such suspension to the Concessionaire, and such suspension shall in no way relieve the Concessionaire of any obligation contained in this Contract.