Common use of ACCESS TO AND USE OF SITE Clause in Contracts

ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). After Substantial Completion, the Owner will provide access to the Site as reasonably required for completion of the Work, taking into account the Owner’s use and occupancy of the Facility. 23.2 The Design-Builder will: (a) limit its activities to within the Site unless the Design-Builder obtains permission to occupy or use other lands; and (b) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this section. 23.3 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction survey to be prepared in accordance with Section 13.1(a). 23.4 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

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ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Project Management Plan and Work Plan and any limitations in this Agreement, the Owner Authority grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 23.2 After Substantial Completion, the Owner Authority will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the OwnerAuthority’s use and occupancy of the FacilityFacility and the Site. 23.2 23.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Authority to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Authority’s requirements as set out in Section 32 with respect to dust, noise and vibration; (c) minimize disruption to the Authority’s use and occupancy of the Facility and will comply with all directions of the Authority with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Authority as set out in the Statement of Requirements. 23.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan, Project Management Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Project Management Plan or Work Plan, without the prior written permission of the Authority; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion Authority will provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner Authority be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction condition survey to be prepared as described in accordance with Section 13.1(a)13.1. 23.4 23.6 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Project Management Plan and Work Plan and any limitations in this Agreement, the Owner Authority grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion of the Project, to perform the Work that is required to be performed on the Site. This licence excludes the right to access, provided however that for Constructionenter and be upon the Existing Hospital. 23.2 After Substantial Completion of the Building, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). After Substantial Completion, the Owner Authority will provide access to the Building and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies in respect of the Building, taking into account the Owner’s Authority's use and occupancy of the FacilityBuilding and the Site. 23.2 23.3 After Substantial Completion of the Building, the Design-Builder will: coordinate with the Authority to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; comply with the Authority's requirements as set out in Section 32 with respect to dust, noise and vibration; minimize disruption to the Authority's use and occupancy of the Facility and will comply with all directions of the Authority with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and comply with the security requirements of the Authority. 23.4 The Design-Builder will: (a) : limit its activities to the areas within the Site which are identified in the Site Plan, Project Management Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; and (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Project Management Plan or Work Plan, without the prior written permission of the Authority; and obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner Authority may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner Authority be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) : not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless expressly permitted to do so under this Agreement or approved by the trees and other vegetation are restored with trees and other vegetation of similar size and kind Authority in writing and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) and rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction condition survey to be prepared as described in accordance with Section 13.1(a)13.1. 23.4 The 23.6 Except as expressly indicated on the Site Plan, the Design-Builder acknowledges that no parking is available at or near the Site Existing Hospital and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius any of the Siteparking areas which exist at the Effective Date. The Design-Builder will use shall be permitted to establish temporary construction parking in Work Area A, as identified in Schedule 11 [Site Plan] and in doing so shall make reasonable efforts to provide limit the impact to natural habitation of surrounding areas and to incorporate such temporary parking or other alternate transportation solutions for workersinto green areas that promote the surrounding natural habitat. Such temporary construction parking may remain in place until Substantial Completion of the Building.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion of the Project, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance . 23.2 After Substantial Completion of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). After Substantial CompletionBuilding, the Owner will provide access to the Building as reasonably required for completion of the Work in the Building, taking into account the Owner’s use and occupancy of the Building. 23.3 After Substantial Completion of the Project, the Owner will provide access to the areas of the Site as reasonably required for completion of the Work, taking into account the Owner’s use and occupancy of the FacilitySite. 23.2 23.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan and Phasing Plan as required to perform the particular aspect of Work, unless the Design-Design- Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylawsbylaws, regulations, or instructions and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction survey to be prepared in accordance with Section 13.1(a)Pre Construction Survey. 23.4 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 ‌‌ 24.1 Subject to the Site Plan, the Phasing Project Management Plan and Work Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 24.2 After Substantial Completion, the Owner will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the Owner’s use and occupancy of the FacilityFacility and the Site. 23.2 24.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Owner to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Owner’s requirements as set out in Section 33 with respect to dust, noise and vibration; (c) minimize disruption to the Owner’s use and occupancy of the Facility and will comply with all directions of the Owner with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Owner. 24.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan, Project Management Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Project Management Plan or Work Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this section.payments.‌ 23.3 24.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and Work except in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; andand‌ (b) rehabilitate all construction lay down areas and other affected areas of the Site to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction condition survey to be prepared as described in accordance with Section 13.1(a)13.1. 23.4 24.6 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius the area shown in Schedule 12 [Parking Restrictions], or at any business or any public facility without permission of the Sitebusiness or facility owner. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.workers.‌‌

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 26.1 Subject to the Site Plan, the Phasing Plan and Project Management Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 26.2 After Substantial Completion, the Owner will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the Owner’s use and occupancy of the FacilityFacility and the Site. 23.2 26.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Owner to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Owner’s requirements as set out in Section 34 with respect to dust, noise and vibration; (c) minimize disruption to the Owner’s use and occupancy of the Facility and will comply with all directions of the Owner with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Owner. 26.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan and Project Management Plan as required to perform the particular aspect of Work, unless the Design-Design- Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan or Project Management Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction survey to be prepared in accordance with Section 13.1(a). 23.4 26.5 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Design- Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Project Management Plan and Work Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 23.2 After Substantial Completion, the Owner will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the Owner’s use and occupancy of the FacilityFacility and the Site. 23.2 23.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Owner to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Owner’s requirements as set out in Section 32 with respect to dust, noise and vibration; (c) minimize disruption to the Owner’s use and occupancy of the Facility and will comply with all directions of the Owner with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Owner. 23.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan, Project Management Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Project Management Plan or Work Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion will provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind expressly permitted to do so under this Agreement and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction Construction survey to be prepared as described in accordance with Section 13.1(a)13.1. 23.4 23.6 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

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ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Project Management Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 23.2 After Substantial Completion, the Owner will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the Owner’s use and occupancy of the FacilityFacility and the Site. 23.2 23.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Owner to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Owner’s requirements as set out in Section 32 with respect to dust, noise and vibration; (c) minimize disruption to the Owner’s use and occupancy of the Facility and will comply with all directions of the Owner with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Owner as set out in the Statement of Requirements. 23.4 The Design-Builder will: (a) limit its physical construction activities to the areas within the Construction Site; (b) limit its activities to the areas within the Site which are identified in the Site Plan and Project Management Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; (c) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan or Project Management Plan, without the prior written permission of the Owner; and (bd) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) comply with all requirements related to trees as set out in the Statement of Requirements; (b) not remove or disturb trees or any other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are is restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (bc) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction survey to be prepared in accordance with Section 13.1(a)Pre Construction Survey. 23.4 The Design-Builder acknowledges that no 23.6 There is pay parking is available at throughout the Site and agrees that Riverview Campus which the Design-Builder, the Subcontractors and their respective workers will not may use. Additionally, the Design-Builder, the Subcontractors and their respective workers may park on public streets within a 1km radius of the Site. The Design-Builder will not use reasonable efforts to provide temporary tenant or film industry designated park and will otherwise comply with all applicable parking rules and restrictions when parking on the Riverview Campus or other alternate transportation solutions for workersin surrounding areas.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. 23.1 Subject to the Site Plan, the Phasing Project Management Plan and Work Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 23.2 After Substantial Completion, the Owner will provide access to the Facility and the Site as reasonably required for completion of the WorkWork and rectification of deficiencies including warranty deficiencies, taking into account the Owner’s use and occupancy of the FacilityFacility and the Site. 23.2 23.3 After Substantial Completion, the Design-Builder will: (a) coordinate with the Owner to ensure timely completion of the Work and rectification of deficiencies including warranty deficiencies; (b) comply with the Owner’s requirements as set out in Section 32 with respect to dust, noise and vibration; (c) minimize disruption to the Owner’s use and occupancy of the Facility and will comply with all directions of the Owner with respect to timing, security and access for the rectification of deficiencies including warranty deficiencies; and (d) comply with the security requirements of the Owner. 23.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan, Project Management Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other lands; (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Project Management Plan or Work Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this sectionpayments. 23.3 23.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind expressly permitted to do so under this Agreement and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; and (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before the Site Occupation Date and recorded in the pre-construction condition survey to be prepared as described in accordance with Section 13.1(a)13.1. 23.4 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

ACCESS TO AND USE OF SITE. ‌‌ 23.1 Subject to the Site Plan, the Phasing Plan, Work Plan and any limitations in this Agreement, the Owner grants to the Design-Builder a licence to enter and be upon the Site from the Site Occupation Date until Substantial Completion Completion, to perform the Work that is required to be performed on the Site, provided however that for Construction, the Design-Builder shall not proceed on Site until issuance of the Notice to Proceed (excluding limited ability to proceed with investigation and preparatory activities as permitted by the Owner, acting reasonably). . 23.2 After Substantial Completion, the Owner will provide access to the Facility as reasonably required for completion of the Work, taking into account the Owner’s use and occupancy of the Facility and the Time Schedule. 23.3 After Substantial Completion, the Owner will provide access to the areas of the Site as reasonably required for completion of the Work, taking into account the Owner’s use and occupancy of the Facility.Site and the Time Schedule.‌ 23.2 23.4 The Design-Builder will: (a) limit its activities to the areas within the Site which are identified in the Site Plan, Phasing Plan and Work Plan as required to perform the particular aspect of Work, unless the Design-Builder obtains permission to occupy or use other landslands;‌ (b) not access any areas of the Site or adjacent properties, including airspace, which it is not permitted to access under the Site Plan, Phasing Plan or Work Plan, without the prior written permission of the Owner; and (bc) obtain any construction easements and permits that may be required for construction of the Project. When requested to do so by the Design-Builder, the Owner may at its discretion provide reasonable assistance to the Design-Builder in obtaining such construction easements and permits required for the construction of the Project but, in no circumstance will the Owner be required to incur any costs or make any payments pursuant to this section.payments.‌ 23.3 23.5 The Design-Builder will: (a) not remove or disturb trees or other vegetation for purposes of the Work, including for the purpose of providing a lay down area unless the trees and other vegetation are restored with trees and other vegetation of similar size and kind and in accordance with any applicable City of Prince Xxxxxx Bylaws, regulations, or instructions Laws and the Statement of Requirements. The Design-Builder will obtain any required tree cutting permits; andand‌ (b) rehabilitate all construction lay down areas to a standard not less than that observed for pre-existing conditions before Site Occupation Date and recorded in the pre-construction survey to be prepared in accordance with Section 13.1(a)Pre Construction Survey. 23.4 23.6 The Design-Builder acknowledges that no parking is available at the Site and agrees that the Design-Builder, the Subcontractors and their respective workers will not park on public streets within a 1km radius of the Site. The Design-Builder will use reasonable efforts to provide temporary parking or other alternate transportation solutions for workers.

Appears in 1 contract

Samples: Design Build Agreement

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