Permits and Other Approvals. Contractor shall be responsible for obtaining and maintaining the Permits listed in Exhibit 2.9, including assisting Owner in obtaining any such Permits listed in Exhibit 2.9 required to be obtained in Owner’s name as specified in Exhibit 2.9. Contractor shall obtain and maintain in full force and effect all of the Permits required under Applicable Laws or otherwise necessary or desirable for Contractor to perform the Work in accordance with the Requirements of this Agreement. Upon request by Contractor, Owner shall provide Contractor with reasonable assistance in obtaining such Permits so long as such assistance does not require Owner to incur any out-of-pocket-cost. If any Permit is required for the Work or to perform the Work that is not identified in Exhibit 2.9, Contractor or Owner, as applicable, shall promptly after it becomes aware of the need for such Permit, notify the other Party that such Permit is required. If such Permit is required to be obtained by contractors performing work in the state of North Dakota, Contractor shall, at its sole cost and expense (unless such permitting requirement is the result of a Change of Law entitling Contractor to seek reimbursement from Owner under Section 9.4), be obligated to obtain and maintain such Permit; otherwise Owner shall obtain and maintain such Permit. If any Permit required to be obtained by contractors performing work in the state of North Dakota has been omitted inadvertently by Contractor from Exhibit 2.9, such omission shall not constitute a breach of this Agreement if (i) Contractor timely obtains such Permit and (ii) Owner is not otherwise damaged by such inadvertent omission or Contractor compensates Owner for any direct costs Owner incurs as a result of such inadvertent omission. Owner shall be named as the holder of those Permits that are required to be in the Owner’s name. Contractor represents it shall remain in compliance with the terms and conditions of the Permits, as applicable.
Appears in 2 contracts
Sources: Turnkey Engineering, Procurement and Construction Services Agreement (Otter Tail Corp), Turnkey Engineering, Procurement and Construction Services Agreement (Otter Tail Corp)