Common use of RESPONSIBILITIES FOR PERMITS Clause in Contracts

RESPONSIBILITIES FOR PERMITS. COMPLIANCE WITH LAWS ------------------------------------------------------------- A. The Purchaser shall reasonably cooperate with and assist the Contractor to obtain all Permits (except those specified in paragraph C below), to the extent that Purchaser's cooperation and assistance are necessary for Contractor to expeditiously and cost-efficiently obtain such Permits. The Purchaser agrees to respond promptly to any such request from Contractor. Further, the Purchaser agrees that it will not impede or interfere with Contractor's activities or Contractor's abilities to perform its obligations. Upon notice from Contractor with respect to a Permit or receipt by Purchaser of a copy of a Permit, Purchaser shall fulfill all conditions of such Permit and perform all responsibilities thereunder, except to the extent that such conditions or responsibilities are those of the Contractor under Work. Contractor will inform Purchaser as to any such conditions or responsibilities that, in the Contractor's reasonable judgment, are not ordinary and routine and obtain Purchaser's consent, which consent shall not be unreasonably withheld, thereto prior to arranging for any such Permit. B. Subject to paragraph C below, the Contractor shall have the responsibility for obtaining, at Contractor's sole cost and expense, all Permits on Purchaser's behalf. The Contractor will cause all Permits not issued in the name of Purchaser to be assignable to Purchaser, and to be assigned to Purchaser at the time title to the System is transferred to Purchaser pursuant to this Contract. Subject to Sub-Article 4(A)(4), Purchaser shall be * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. responsible for payment of all Permit fees and other costs and expenses due with respect to any Permit after the Date of Provisional Acceptance of the System. C. The Purchaser shall be responsible for obtaining, at its expense, landing licenses in the United States and Japan. The Contractor will cooperate with the Purchaser in connection therewith. Purchaser shall reimburse reasonable outside counsel fees, reasonable independent consultant fees and other reasonable out-of-pocket expenses incurred by Contractor in connection with such cooperation. D. Any delay in obtaining or failure to obtain any Permit shall constitute a Force Majeure and be treated as described in Article 17 (Force Majeure), except to the extent such delay is a result of Contractor's negligence or willful misconduct. E. Except with respect to variations necessitated by complying with any changes, enacted after the date hereof, in any Laws (the costs with respect to which shall be borne by the Purchaser), the Contractor shall be responsible for the payment of any and all costs incurred as a result of the need to vary design, drawings, plans or procedures to comply with any of the circumstances set forth in this Article. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. As of the date hereof, neither Party has Actual Knowledge of any proposed changes in the Laws which would necessitate any such variation. F. The Contractor shall (i) give all notices required by any Laws to be given to any authority and (ii) perform or permit the performance by authorized persons of any inspection required by the said Laws, subject to Sub-Article 6(C). G. Within 30 days after the date of execution of this Contract, the Contractor will prepare and deliver to the Purchaser a detailed list of Permits that to its knowledge are required to be obtained under current law in order to complete the Work and shall update such list from time to time if it becomes aware of changes in Permit requirements. Such list, as updated from time to time, shall set forth the projected dates of filing for such Permits and an estimate of when such Permits are expected to be obtained. Without limiting Contractor's liabilities in respect of Sub-Articles 7(B), Contractor shall have no liability in respect of the accuracy of the information furnished under this Sub-Article, except in the case of gross negligence or willful misconduct.

Appears in 2 contracts

Sources: Project Development and Construction Contract (Global Crossing LTD), Project Development and Construction Contract (Global Crossing LTD)

RESPONSIBILITIES FOR PERMITS. COMPLIANCE WITH LAWS ------------------------------------------------------------- A. The Purchaser shall reasonably cooperate with and assist the Contractor to obtain all Permits (except those specified in paragraph C below)Permits, to the extent that Purchaser's cooperation and assistance are necessary for Contractor to expeditiously and cost-efficiently obtain such Permits. The Purchaser agrees to respond promptly to any such request from Contractor. Further, the Purchaser agrees that it will not impede or interfere with Contractor's activities or Contractor's abilities to perform its * MATERIAL OMITTED AND SEPARATELY FILED UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. obligations. Upon notice from Contractor with respect to a Permit or receipt by Purchaser of a copy of a Permit, Purchaser shall fulfill all conditions of such Permit and perform all responsibilities thereunder, except to the extent that such conditions or responsibilities are those of the Contractor under Work. Contractor will inform Purchaser as to any such conditions or responsibilities that, in the Contractor's reasonable judgment, are not ordinary and routine and obtain Purchaser's consent, which consent shall not be unreasonably withheld, thereto prior to arranging for any such Permit. B. Subject to paragraph C below, the Contractor shall have the responsibility for obtaining, at Contractor's sole cost and expense, obtaining all Permits on Purchaser's behalf. The Contractor will cause all Permits not issued in the name of Purchaser to be assignable to Purchaser, and to be assigned to Purchaser at the time title to the System is transferred to Purchaser pursuant to this Contract. Subject to Sub-Article 4(A)(4), Purchaser shall be * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. responsible for payment of all Permit fees and other costs and expenses due with respect to any Permit after the Date of Provisional Acceptance of the System. C. The Purchaser shall be responsible for obtaining, at its expense, landing licenses in the United States and Japan. The Contractor will cooperate with the Purchaser in connection therewith. Purchaser shall reimburse reasonable outside counsel fees, reasonable independent consultant fees and other reasonable out-of-pocket expenses incurred by Contractor in connection with such cooperation. D. Any delay in obtaining or failure to obtain any Permit shall constitute a Force Majeure and be treated as described in Article 17 (Force Majeure), except to the extent such delay is a result of Contractor's gross negligence or willful misconduct. E. D. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. Except with respect to variations necessitated by complying with any changes, enacted after the date hereof, in any Laws (the costs with respect to which shall be borne by the Purchaser), the Contractor shall be responsible for the payment of any and all costs incurred as a result of the need to vary design, drawings, plans or procedures to comply with any of the circumstances set forth in this Article. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. . E. As of the date hereof, neither Party has Actual Knowledge of any proposed changes in the Laws foregoing which would necessitate any such variation. F. The Contractor shall (i) give all notices required by any Laws to be given to any authority and (ii) perform or permit the performance by authorized persons of any inspection required by the said Laws, subject to Sub-Article 6(C)in each case as in effect on the date hereof. G. Within 30 days after the date of execution of this Contract, the Contractor will prepare and deliver to the Purchaser a detailed list of Permits that to its knowledge are required to be obtained under current law in order to complete the Work and shall update such list from time to time if it becomes aware of changes in Permit requirements. Such list, as updated from time to time, shall set forth the projected dates of filing for such Permits and an estimate of when such Permits are expected to be obtained. Without limiting Contractor's liabilities in respect of Sub-Articles 7(B) and 7(C), Contractor shall have no liability in respect of the accuracy of the information furnished under this Sub-Sub- Article, except in the case of gross negligence or willful misconduct.

Appears in 1 contract

Sources: Construction Contract (Global Crossing LTD)

RESPONSIBILITIES FOR PERMITS. COMPLIANCE WITH LAWS ------------------------------------------------------------- A. The Purchaser shall reasonably cooperate with and assist the Contractor to obtain all Permits (except those specified in paragraph C below), to the extent that Purchaser's cooperation and assistance are necessary for Contractor to expeditiously and cost-efficiently obtain such Permits. The Purchaser agrees to respond promptly to any such request from Contractor. Further, the Purchaser agrees that it will not impede or interfere with Contractor's activities or Contractor's abilities to perform its obligations. Upon notice from Contractor with respect to a Permit or receipt by Purchaser of a copy of a Permit, Purchaser shall fulfill all conditions of such Permit and perform all responsibilities thereunder, except to the extent that such conditions or responsibilities are those of the Contractor under Work. Contractor will inform Purchaser as to any such conditions or responsibilities that, in the Contractor's reasonable judgment, are not ordinary and routine and obtain Purchaser's consent, which consent shall not be unreasonably withheld, thereto prior to arranging for any such Permit. B. Subject to paragraph C below, the Contractor shall have the responsibility for obtaining, at Contractor's sole cost and expense, all Permits on Purchaser's behalf. The Contractor will cause all Permits not issued in the name of Purchaser to be assignable to Purchaser, and to be assigned to Purchaser at the time title to the System is transferred to Purchaser pursuant to this Contract. Subject to Sub-Article 4(A)(4), Purchaser shall be * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. responsible for payment of all Permit fees and other costs and expenses due with respect to any Permit after the Date of Provisional Acceptance of the System. C. The Purchaser shall be responsible for obtaining, at its expense, landing licenses in the United States and Japan. The Contractor will cooperate with the Purchaser in connection therewith. Purchaser shall reimburse reasonable outside counsel fees, reasonable independent consultant fees and other reasonable out-of-pocket expenses incurred by Contractor in connection with such cooperation. D. Any delay in obtaining or failure to obtain any Permit shall constitute a Force Majeure and be treated as described in Article 17 (Force Majeure), except to the extent such delay is a result of Contractor's negligence or willful misconduct. E. Except with respect to variations necessitated by complying with any changes, enacted after the date hereof, in any Laws (the costs with respect to which shall be borne by the Purchaser), the Contractor shall be responsible for the payment of any and all costs incurred as a result of the need to vary design, drawings, plans or procedures to comply with any of the circumstances set forth in this Article. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. As of the date hereof, neither Party has Actual Knowledge of any proposed changes in the Laws which would necessitate any such variation. F. The Contractor shall (i) give all notices required by any Laws to be given to any authority and (ii) perform or permit the performance by authorized persons of any inspection required by the said Laws, subject to Sub-Article 6(C). G. Within 30 days after the date of execution of this Contract, the Contractor will prepare and deliver to the Purchaser a detailed list of Permits that to its knowledge are required to be obtained under current law in order to complete the Work and shall update such list from time to time if it becomes aware of changes in Permit requirements. Such list, as updated from time to time, shall set forth the projected dates of filing for such Permits and an estimate of when such Permits are expected to be obtained. Without limiting Contractor's liabilities in respect of Sub-Articles 7(B), Contractor shall have no liability in respect of the accuracy of the information furnished under this Sub-Article, except in the case of gross negligence or willful misconduct.

Appears in 1 contract

Sources: Project Development and Construction Contract (Global Crossing LTD)

RESPONSIBILITIES FOR PERMITS. COMPLIANCE WITH LAWS ------------------------------------------------------------- A. The Purchaser shall reasonably cooperate with and assist the Contractor to obtain all Permits (except those specified in paragraph C below), to the extent that Purchaser's cooperation and assistance are necessary for Contractor to expeditiously and cost-efficiently obtain such Permits. The Purchaser agrees to respond promptly to any such request from Contractor. Further, the Purchaser agrees that it will not impede or interfere with Contractor's activities or Contractor's abilities to perform its obligations. Upon notice from Contractor with respect to a Permit or receipt by Purchaser of a copy of a Permit, Purchaser shall fulfill all conditions of such Permit and perform all responsibilities thereunder, except to the extent that such conditions or responsibilities are those of the Contractor under Work. Contractor will inform Purchaser as to any such conditions or responsibilities that, in the Contractor's reasonable judgment, are not ordinary and routine and obtain Purchaser's consent, which consent shall not be unreasonably withheld, thereto prior to arranging for any such Permit. B. Subject to paragraph C below, the Contractor shall have the responsibility for obtaining, at Contractor's sole cost and expense, all Permits on Purchaser's behalf. The Contractor will cause all Permits not issued in the name of Purchaser to be assignable to Purchaser, and to be assigned to Purchaser at the time title to the System is transferred to Purchaser pursuant to this Contract. Subject to Sub-Article 4(A)(4), Purchaser shall be * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 27 23 responsible for payment of all Permit fees and other costs and expenses due with respect to any Permit after the Date of Provisional Acceptance of the System. C. The Purchaser shall be responsible for obtaining, at its expense, landing licenses in the United States and Japan. The Contractor will cooperate with the Purchaser in connection therewith. Purchaser shall reimburse reasonable outside counsel fees, reasonable independent consultant fees and other reasonable out-of-pocket expenses incurred by Contractor in connection with such cooperation. D. Any delay in obtaining or failure to obtain any Permit shall constitute a Force Majeure and be treated as described in Article 17 (Force Majeure), except to the extent such delay is a result of Contractor's negligence or willful misconduct. E. Except with respect to variations necessitated by complying with any changes, enacted after the date hereof, in any Laws (the costs with respect to which shall be borne by the Purchaser), the Contractor shall be responsible for the payment of any and all costs incurred as a result of the need to vary design, drawings, plans or procedures to comply with any of the circumstances set forth in this Article. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. As of the date hereof, neither Party has Actual Knowledge of any proposed changes in the Laws which would necessitate any such variation. F. The Contractor shall (i) give all notices required by any Laws to be given to any authority and (ii) perform or permit the performance by authorized persons of any inspection required by the said Laws, subject to Sub-Article 6(C). G. Within 30 days after the date of execution of this Contract, the Contractor will prepare and deliver to the Purchaser a detailed list of Permits that to its knowledge are required to be obtained under current law in order to complete the Work and shall update such list from time to time if it becomes aware of changes in Permit requirements. Such list, as updated from time to time, shall set forth the projected dates of filing for such Permits and an estimate of when such Permits are expected to be obtained. Without limiting Contractor's liabilities in respect of Sub-Articles 7(B), Contractor shall have no liability in respect of the accuracy of the information furnished under this Sub-Article, except in the case of gross negligence or willful misconduct.

Appears in 1 contract

Sources: Project Development and Construction Contract (Asia Global Crossing LTD)

RESPONSIBILITIES FOR PERMITS. COMPLIANCE WITH LAWS ------------------------------------------------------------- A. The Purchaser shall reasonably cooperate with and assist the Contractor to obtain all Permits (except those specified in paragraph C below)Permits, to the extent that Purchaser's cooperation and assistance are necessary for Contractor to expeditiously and cost-efficiently obtain such Permits. The Purchaser agrees to respond promptly to any such request from Contractor. Further, the Purchaser agrees that it will not impede or interfere with Contractor's activities or Contractor's abilities to perform its * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. 20 obligations. Upon notice from Contractor with respect to a Permit or receipt by Purchaser of a copy of a Permit, Purchaser shall fulfill all conditions of such Permit and perform all responsibilities thereunder, except to the extent that such conditions or responsibilities are those of the Contractor under Work. Contractor will inform Purchaser as to any such conditions or responsibilities that, in the Contractor's reasonable judgment, are not ordinary and routine and obtain Purchaser's consent, which consent shall not be unreasonably withheld, thereto prior to arranging for any such Permit. B. Subject to paragraph C below, the Contractor shall have the responsibility for obtaining, at Contractor's sole cost and expense, obtaining all Permits on Purchaser's behalf. The Contractor will cause all Permits not issued in the name of Purchaser to be assignable to Purchaser, and to be assigned to Purchaser at the time title to the System is transferred to Purchaser pursuant to this Contract. Subject to Sub-Article 4(A)(4), Purchaser shall be * MATERIAL OMITTED AND SEPARATELY FILED WITH THE COMMISSION UNDER AN APPLICATION FOR CONFIDENTIAL TREATMENT. responsible for payment of all Permit fees and other costs and expenses due with respect to any Permit after the Date of Provisional Acceptance of the System. C. The Purchaser shall be responsible for obtaining, at its expense, landing licenses in the United States and Japan. The Contractor will cooperate with the Purchaser in connection therewith. Purchaser shall reimburse reasonable outside counsel fees, reasonable independent consultant fees and other reasonable out-of-pocket expenses incurred by Contractor in connection with such cooperation. D. Any delay in obtaining or failure to obtain any Permit shall constitute a Force Majeure and be treated as described in Article 17 (Force Majeure), except to the extent such delay is a result of Contractor's gross negligence or willful misconduct. E. D. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. Except with respect to variations necessitated by complying with any changes, enacted after the date hereof, in any Laws (the costs with respect to which shall be borne by the Purchaser), the Contractor shall be responsible for the payment of any and all costs incurred as a result of the need to vary design, drawings, plans or procedures to comply with any of the circumstances set forth in this Article. The Contractor shall, before making any variations from the designs, drawings, plans or procedures that may be necessitated by so complying with any Laws and that would represent a material change to the overall design of the System, give to the Purchaser written notice, specifying the variations proposed to be made, and the reasons for making them. . E. As of the date hereof, neither Party has Actual Knowledge of any proposed changes in the Laws foregoing which would necessitate any such variation. F. The Contractor shall (i) give all notices required by any Laws to be given to any authority and (ii) perform or permit the performance by authorized persons of any inspection required by the said Laws, subject to Sub-Article 6(C)in each case as in effect on the date hereof. G. Within 30 days after the date of execution of this Contract, the Contractor will prepare and deliver to the Purchaser a detailed list of Permits that to its knowledge are required to be obtained under current law in order to complete the Work and shall update such list from time to time if it becomes aware of changes in Permit requirements. Such list, as updated from time to time, shall set forth the projected dates of filing for such Permits and an estimate of when such Permits are expected to be obtained. Without limiting Contractor's liabilities in respect of Sub-Articles 7(B) and 7(C), Contractor shall have no liability in respect of the accuracy of the information furnished under this Sub-Sub- Article, except in the case of gross negligence or willful misconduct.

Appears in 1 contract

Sources: Construction Contract (Global Crossing LTD)