Common use of Project Development, Design and Construction Clause in Contracts

Project Development, Design and Construction. The TIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) development, including environmental compliance, design, right-of-way acquisition, and construction of the Project. The Transportation Cabinet shall be responsible for administering construction oversight of the Project in accordance with the Development Agreement. The Transportation Cabinet’s oversight of Project development, environmental compliance, design, right-of-way acquisition, and construction monitoring shall be conducted pursuant to the Project Oversight Agreement, which may be amended from time to time upon mutual agreement of the Transportation Cabinet and FHWA, or when so required by federal statute or otherwise required by the United States Congress. The Borrower agrees to cooperate in good faith with the TIFIA Lender in the conduct of such monitoring by promptly providing the TIFIA Lender with such reports, documentation or other information as shall be requested by the TIFIA Lender, or its agents, including any independent or consulting engineer reports, documentation or information.

Project Development, Design and Construction. The TIFIA Lender shall have the right in its sole discretion to monitor (or direct its agents to monitor) development, including environmental compliance, design, right-of-way acquisition, and construction of the Project. The Transportation Cabinet shall be responsible for administering construction oversight of the Project in accordance with the Development Agreement. The Transportation Cabinet’s oversight of Project development, environmental compliance, design, right-of-way acquisition, and construction monitoring shall be conducted pursuant to the Project Oversight Agreement, which may be amended from time to time upon mutual agreement of the Transportation Cabinet and FHWA, or when so required by federal statute or otherwise required by the United States Congress. The Borrower Transportation Cabinet agrees to cooperate in good faith with the TIFIA Lender in the conduct of such monitoring by promptly providing the TIFIA Lender with such reports, documentation or other information as shall be requested by the TIFIA Lender, or its agents, including any independent or consulting engineer reports, documentation or information.