1Scope of Work; Applicable Standards. 3.1. 1Contractor shall, at its own cost and expense:
(a) Design, engineer, procure, construct, start up, and carry out the Tests for the Plant, and perform its other obligations hereunder, including completion of the Project as set forth in Appendix A, and any warranty work hereunder; and
(b) Manage, supervise, inspect and furnish all Labor, Equipment, Contractor Equipment, temporary structures, temporary utilities, products and services for the foregoing, all on a turnkey basis, in accordance with the Contract Documents, including, without limitation, the Critical Path Schedule and the Scope of Work, as the same may be modified from time to time in accordance with the terms hereof by a Change Order or other amendment hereto (all of the foregoing in clauses (a) and (b) being collectively referred to in this Agreement as the “Work”).
3.1. 2Subject to the remedies provided for herein, Contractor shall perform the Work and turn the Plant over to Owner in a manner that is:
(a) Sufficient, complete and adequate in all respects and free from Defects;
(b) In conformance with the professional standards and skill, and expertise and diligence of design and construction, of professionals regularly involved in utility grade, utility‑scale, grid‑connected solar photovoltaic power projects in the United States;
(c) In compliance with the terms of the Contract Documents, the Operating Guidelines, the Utility’s interconnection requirements, all Applicable Laws, Applicable Standards and Applicable Permits; and
(d) Approved as to form, use and content by all Government Authorities and private entities authorized to administer or enforce any building or construction code or standard whose approval of the final design of the Plant, or any portion thereof, is necessary for the construction, operation or interconnection of the Plant.
3.1. 3In light of the foregoing, Contractor has included within the Contract Price the cost to complete the entire Scope of Work. Items need not be specifically listed in the Contract Documents or in Appendix A‑1, in order to be deemed to be items within the Scope of Work. It is understood that Contractor is better qualified to list exclusions than Owner is to list inclusions. Therefore, any item indicated on the Contract Documents, inferable therefrom, incidental thereto or required in accordance with any Applicable Law, Applicable Standards, Applicable Permits or Prudent Utility Practices in existence as of the Effective Date, that is not specifi...
