Common use of Responsibility for Property Clause in Contracts

Responsibility for Property. Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the ▇▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇ Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon lands (other than the Stage 3 Site, Laydown Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road) or waterbodies in their natural state unless authorized by the appropriate owner or entity; (ii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless Permits are obtained and authorized by the appropriate entity or authority; or (iii) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, conduit or electric transmission line, ditch, navigational aid, dock or structure unless otherwise specifically authorized by the appropriate entity or authority. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. If damage occurs to the Existing Facility, Contractor’s liability for such damage shall be limited as specified in Section 17.1G and if damage occurs to Subproject 1 or Subproject 2 prior to substantial completion of such applicable Subproject 1 or Subproject 2, liability for such damage shall be governed by the Stage 1 EPC Agreement, if damage occurs to Subproject 3 or Subproject 4 prior to substantial completion of such applicable Subproject 3 or Subproject 4, liability for such damage shall be governed by the Stage 2 EPC Agreement, and if damage occurs to Subproject 6 prior to substantial completion of Subproject 6, liability for such damage shall be governed by the Stage 4 EPC Agreement.

Responsibility for Property. Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the ▇▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇ Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon private lands (other than the Stage 3 Project Site, Laydown Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road) or waterbodies water bodies in their natural state unless authorized by the appropriate owner or entityowners of such lands; (ii) enter any restricted areas set forth in Schedule A-1 or Attachment Z; (iii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless and until applicable Permits have been obtained and, to the extent such items are obtained and authorized by located on the appropriate entity or authorityProject Site, Owner’s permission has been obtained; or (iiiiv) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, ship or barge operation, dredging activities, activities of the Port Authority Indemnified Parties, conduit or electric transmission line, railroad, ditch, navigational aid, dock or structure unless otherwise specifically authorized by Owner in writing, the appropriate entity or authority, or otherwise provided in Attachment A; (v) damage any property listed in (iii) or (iv); and (vi) damage or destroy maintained, cultivated or planted areas or vegetation such as trees, plants, shrubs, shore protection, paving, or grass adjacent to the Project Site. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. Contractor shall be responsible for all damages, costs, losses and expenses arising out of non-compliance with this Section 3.25 (in accordance with the indemnification and defense obligations set forth in Section 17.1I) and shall, as soon as reasonably possible, restore at its own cost and expense such property to the condition it was in before such damage. If (i) damage occurs to the Existing Facility, Contractor’s liability for such damage shall be limited as specified in Section 17.1G and if damage occurs to Subproject Train 1 or Subproject Train 2 prior to substantial completion of such applicable Subproject Train 1 or Subproject Train 2, liability for such damage shall be governed by the Stage Trains 1 and 2 EPC Agreement, if Agreement and (ii) damage occurs to Subproject Train 3 or Subproject 4 prior to substantial completion of such applicable Subproject 3 or Subproject 4Train 3, liability for such damage shall be governed by the Stage 2 Train 3 EPC Agreement, . Contractor and if damage occurs its Subcontractors and Sub-subcontractors shall coordinate and conduct the performance of the Work so as to Subproject 6 prior not unreasonably interfere with or disrupt the use and peaceful enjoyment of any adjacent property to substantial completion of Subproject 6, liability for such damage shall be governed by the Stage 4 EPC AgreementSite or Phase 1 Facilities Site.

Responsibility for Property. Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the ▇▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇ Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon private lands (other than the Stage 3 Project Site, Laydown Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road) or waterbodies water bodies in their natural state unless authorized by the appropriate owner or entityowners of such lands; (ii) enter any restricted areas set forth in Schedule A-1 or Attachment Z; (iii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless and until applicable Permits have been obtained and, to the extent such items are obtained and authorized by located on the appropriate entity or authorityProject Site, Owner’s permission has been obtained; or (iiiiv) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, ship or barge operation, dredging activities, activities of the Port Authority Indemnified Parties, conduit or electric transmission line, railroad, ditch, navigational aid, dock or structure unless otherwise specifically authorized by Owner in writing, the appropriate entity or authority, or otherwise provided in Attachment A; (v) damage any property listed in (iii) or (iv); and (vi) damage or destroy maintained, cultivated or planted areas or vegetation such as trees, plants, shrubs, shore protection, paving, or grass adjacent to the Project Site. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. Contractor shall be responsible for all damages, costs, losses and expenses arising out of non-compliance with this Section 3.25 (in accordance with the indemnification and defense obligations set forth in Section 17.1I) and shall, as soon as reasonably possible, restore at its own cost and expense such property to the condition it was in before such damage. If (i) damage occurs to the Existing Facility, Contractor’s liability for such damage shall be limited as specified in Section 17.1G and if damage occurs to Subproject Train 1 or Subproject Train 2 prior to substantial completion of such applicable Subproject Train 1 or Subproject Train 2, liability for such damage shall be governed by the Stage Trains 1 and 2 EPC Agreement, if (ii) damage occurs to Subproject Train 3 or Subproject prior to substantial completion of Train 3, liability for such damage shall be governed by the Train 3 EPC Agreement, and (ii) damage occurs to Train 4 prior to substantial completion of such applicable Subproject 3 or Subproject Train 4, liability for such damage shall be governed by the Stage 2 EPC Agreement, and if damage occurs to Subproject 6 prior to substantial completion of Subproject 6, liability for such damage shall be governed by the Stage Train 4 EPC Agreement. Contractor and its Subcontractors and Sub-subcontractors shall coordinate and conduct the performance of the Work so as to not unreasonably interfere with or disrupt the use and peaceful enjoyment of any adjacent property to the Site, Phase 1 Facilities Site, or Phase 2 Facilities Site.

Responsibility for Property. Except as expressly set forth in Section 3.25, Contractor shall limit its operations to the ▇▇▇▇▇ ▇ ▇▇▇▇, ▇▇▇▇▇▇▇ Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road. Contractor shall plan and conduct its operations so that neither Contractor nor any of its Subcontractors or Sub-subcontractors shall (i) enter upon lands (other than the Stage 3 4 Site, Laydown Areas, Off-Site Rights of Way and Easements and the Heavy Haul Road) or waterbodies in their natural state unless authorized by the appropriate owner or entity; (ii) close or obstruct any utility installation, highway, waterway, harbor, road or other property unless Permits are obtained and authorized by the appropriate entity or authority; or (iii) disrupt or otherwise interfere with the operation of any portion of any pipeline, telephone, conduit or electric transmission line, ditch, navigational aid, dock or structure unless otherwise specifically authorized by the appropriate entity or authority. The foregoing includes damage arising from performance of the Work through operation of Construction Equipment or stockpiling of materials. If damage occurs to the Existing Facility, Contractor’s liability for such damage shall be limited as specified in Section 17.1G and if damage occurs to Subproject 1 or Subproject 2 prior to substantial completion of such applicable Subproject 1 or Subproject 2, liability for such damage shall be governed by the Stage 1 EPC Agreement, if damage occurs to Subproject 3 or Subproject 4 prior to substantial completion of such applicable Subproject 3 or Subproject 4, liability for such damage shall be governed by the Stage 2 EPC Agreement, and if damage occurs to Subproject 6 5 prior to substantial completion of Subproject 65, liability for such damage shall be governed by the Stage 4 3 EPC Agreement.