Construction Process. Subject to the Operator’s duties and responsibilities provided for herein, the Operator has the exclusive right to construct, expand or extend the approved Projects in the AMI. When commercially reasonable under the circumstances, the Operator will seek multiple bids for construction and other work or services related to construction processes, and the Operator will not charge more than the Operator’s actual costs incurred plus chargeable items as set out in the Accounting Procedure. Other than as provided for in the Accounting Procedure, the Operator shall not contract with Affiliates for construction work or other work or services related to construction process without either: (a) Operator or its Affiliates having obtained multiple bids from third-party providers and Operator charging no more than ninety-five percent (95%) of the lowest bid; or (b) obtaining unanimous approval of the System Owners. As needed, the System Owners may, from time to time, consult with the Operator on the bidding process and selection of vendors. Each Project will be constructed hereunder in accordance with prudent operating practices, design codes and industry specifications. The Operator will have direct responsibility and supervision of all matters arising under any applicable construction contract and all matters arising during the actual construction work, and will proceed with such matters in accordance with this Agreement and what a prudent operator would do under the same or similar circumstances. Any System Owner, at its sole risk, cost and expense, has the right to inspect and observe the construction work at all reasonable times, as long as such actions do not interfere with the construction of the Project or the operations of the AMI Midstream Assets.
Construction Process. Seller and Seller Consultant shall reasonably consult with Buyer and Buyer Consultant throughout the construction of each of the Construction Projects, in order to apprise Buyer Consultant and Buyer of the progress of the construction of the Improvements. Seller shall permit Buyer and Buyer Consultant to have access to the Construction Projects during the period of construction to examine all aspects of such construction, and Buyer agrees to cause Buyer's Consultant to examine the construction of each Construction Project at least once a calender month during the construction thereof (provided that at Seller's written request, Buyer agrees to cause Buyer's Consultant to examine certain aspects of a Construction Project (as specified by Seller) no more than one additional time during a calendar month). From time to time (but not more often than four times in any calendar month), Seller may ask Buyer to approve certain construction details, assemblies, or substitutes, as well as any cosmetic, aesthetic or other aspects of the construction of a Construction Project that are not expressly set forth in the Approved Plans and Specifications (or if applicable, the Approved Finish Schedule) for such Construction Project (such aspects, the “Construction Details”). Buyer shall have ten (10) days after such request to deliver written notice to Seller either approving or disapproving such Construction Details; a failure of Buyer to respond during such ten day period shall be deemed an approval by Buyer of such Construction Details. A disapproval by Buyer of any Construction Details shall be accompanied by an explanation of such disapproval. If Seller and Buyer fail to agree on whether any such Construction Details should be approved, such dispute shall be subject to resolution by arbitration under Section 12.20 below. Nothing in this Section 3.3(h) shall require Buyer to approve (or be deemed to have approved) any changes to any items clearly and expressly described in the Approved Plans and Specifications of a Construction Project.
Construction Process. Tenant shall not commence the construction of any Tenant Improvements until after Landlord and Tenant have agreed on the approved Plans and selection of the Contractor. Thereafter, Tenant shall be responsible for completing the construction of the Tenant Improvements in accordance with the approved Plans.
Construction Process. Buyer acknowledges that control, direction and supervision of all construction activities at the site will lie exclusively with Seller. Buyer shall not perform any work or contract with Seller’s contractors or other builders, contractors, interior decorators, or others to perform work in or about the Property until title is transferred to Buyer. Buyer shall not enter upon the construction site or the unfinished Property. Seller reserves the right to amend the Plat, site plan, plans and specifications, and the Declaration from time to time prior to the Closing as Seller may deem necessary or desirable to make corrections or meet requirements of its marketing programs, applicable laws, governmental regulations, lending institutions, or otherwise, so long as such amendments do not materially adversely affect the value of the Property.
Construction Process. 5.a. Evaluate and act on post-bid substitution requests.
Construction Process. Summary Table WORK ACTIVITY STATE/LOCAL FULL FEDERAL STATE ADMINISTERED ADMINISTERED OVERSIGHT PROJECTS OVERSIGHT PROJECTS OVERSIGHT ON THE NHS PROJECTS OFF THE NHS Mn/DOT ACTION FHWA ACTION Mn/DOT ACTION FHWA ACTION Mn/DOT ACTION FHWA ACTION Concurrence in Contract Award Prepare and Recommend Review and Concur (7 days) Approve1 None Approve1, 2 None Rejection of bids Recommend Review and Concur (7 days) Recommend None Approve2 None Notification of Pre- construction meeting Prepare Information Prepare None Prepare None Supplemental Agreements3 Prepare and Approve Approve (7 days) Prepare and Appove3 None Approve2 None Claims4 Prepare and Approve Approve (14 days) Approve Information Approve2 Information Time Extensions Prepare and Approve Concur in Approval (14 days) Approve None Approve2 None Suspension of work Prepare justification Information5 Prepare/ Approve None Approve2 None Termination Prepare Approve Prepare/ Approve Concurrance Approve 2 None Executed Contract Prepare and Approve Concur in Approval Approve None Approve2 None Initial Construction Inspections Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None Intermediate Construction Inspection Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None In-depth Construction Inspection Information Conduct and Prepare Report (14 days) Conduct and Prepare Report None Conduct and Prepare report2 None 1 Awarding of contracts that do not conform to Guidelines on Preparing Engineer’s Estimate, Bid Reviews and Evaluation will require FHWA concurrence. 2 Delegated projects will be in conformance with the approved agreement. 3 Supplemental agreements for Major Contract Changes (.=$100,000; alter termini, character, or scope of work; incorporate experimental product or feature; termination of contract) require prior FHWA approval. Supplemental agreements for Minor Contract Changes can be approved prior to final acceptance by FHWA.
Construction Process. With respect to any Project Work (including the construction of each AF Unit and all other Improvements to be constructed under this Agreement) on or within the Phase VI Land, the applicable Developer Party will follow the following construction process:
Construction Process. Buyer acknowledges that control, direction and supervision of all construction personnel at the construction site will lie exclusively with Seller and that Buyer may not issue any instructions to, request construction modifications from, or otherwise interfere with, construction personnel. Buyer shall not perform any work or contract with Seller’s contractors or other builders, contractors, interior decorators, or others to perform work in or about the Condominium until title is transferred to Buyer at the Closing. Buyer shall not enter upon the construction site or the unfinished Condominium without prior written notice to, and consent of, Seller. Buyer shall indemnify, defend and hold harmless Seller, and its contractors, subcontractors, employees and agents against any claims, demands, loss, damages, liability, or other expense that they may incur by reason of Buyer’s breach of any provision of this Section 5.3.
Construction Process. The construction of any dwelling, together with landscaping, shall be completed within one (1) year from the date of commencement of such construction of said dwelling, provided that the Subdivision Developer may extend the time for completion of construction due to causes beyond the reasonable control of the contractor. No construction activities shall commence or be permitted to continue unless the contractor shall have provided on site a six (6) cubic yard, or larger, dumpster in which to confine trash and refuse. Each Owner shall require his builder or contractor to confine all building materials, equipment and excavated soil within the boundaries of the Owner’s lot and to exercise good erosion control in accordance with the Indiana Handbook for Erosion Control in Developing Areas practices. Straw bale dams, silt fences or the equivalent thereof, for runoff control during construction shall be used, if necessary, and all streets and roads shall be kept free of transported soil. Any job site and roadway in front of the lot shall be kept clean and free of debris at all times. The Developer shall have the right to compel removal of mud, debris or other materials from roadways within the Subdivision by the delivery to the Owner of a lot in violation of this paragraph a written notice explaining the action to be taken to correct the violation. If the Owner fails to correct such condition within twenty-four (24) hours of receipt of such notice, the Developer shall have the right to correct such condition and the Owner of the lot in violation shall upon demand reimburse the Subdivision Developer for the expense incurred in correction of the condition. If reimbursement is not made immediately upon demand, the Developer shall have the right to halt all construction upon the lot in violation until reimbursement is paid. Within a reasonable time after the completion of construction the lawn of the lot shall be graded, seeded and mulched and good turf shall be established and thereafter maintained. Lots adjoining the job site shall not be used for the storage of construction equipment, vehicles or materials, or for any other purpose in connection with the construction activities on the job site. The Owner and the Owner’s contractor, if any, shall immediately correct any damage done to the surface of any adjacent lot or any vegetation thereon and institute appropriate erosion control practices immediately upon request by the Developer. In the event that a contracto...
Construction Process. Before making any Alterations (other than those with respect to which Landlord's consent is not required), Tenant shall submit to Landlord for Landlord's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer (to the extent reasonably required), a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor's license. Tenant shall reimburse Landlord upon demand for any actual expenses incurred by Landlord in connection with any Alterations made by Tenant, including actual and reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant and, if reasonable, to update the existing as-built plans of the Building to reflect the Alterations. Tenant shall obtain all applicable permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations. Tenant shall provide Landlord with one set of plans and specifications for all Alterations, whether or not Landlord's approval of such Alterations is required.
