Common use of Aesthetics and Landscaping Clause in Contracts

Aesthetics and Landscaping. ‌ 5.10.1 Except as provided in Section 5.10.3, Developer shall be solely responsible for all costs, including all Extra Work Costs and Delay Costs, relating to the design and other services, procurement of all materials, equipment and labor, and performance of all services necessary or appropriate (excluding only those materials, services and efforts which the PPA Documents expressly specify will be undertaken by IFA or other Persons) relating to aesthetics and landscaping for the Project, including the design, procurement (including transportation and handling), construction, installation, establishment, maintenance, protection, preservation and replacement of aesthetics and landscaping for the Project (collectively, the “Aesthetics and Landscaping Work” and the “Standard Landscaping and Aesthetics Treatments Work”). 5.10.2 Due to the presence of a number of historic resources and historic districts on or near the Site, the design and materials for the Project must be designed and constructed with sensitivity to aesthetic values, historic cultural landscapes, and the historic context of the setting. As part of the Work and the Rehabilitation Work, Developer shall implement elements of the Historic Preservation Plans and Aesthetics and Enhancement Implementation Plan, incorporate the Aesthetic Design Guidelines and continue consultations, and cooperate, with the public in development of the design and construction of the Project, all as more fully set forth in Section 5 of the Technical Provisions. 5.10.3 Prior to the Substantial Completion Date, Developer shall expend no less than 5.10.3.1 Developer shall submit to IFA evidence satisfactory to IFA in its good faith discretion, setting forth amounts paid by Developer for Aesthetics and Landscaping Work performed, and costs actually incurred in respect of the same. 5.10.3.2 Such evidence shall, at a minimum, itemize, and set forth the amount for each such itemized portion of the Aesthetics and Landscaping Work and must be accompanied by information sufficient, in IFA’s good faith determination, for IFA to verify that such amounts were for costs and expenses incurred in the performance of eligible Aesthetics and Landscaping Work. Such attached report shall at a minimum include: a. A description of the Aesthetics and Landscaping Work; and b. Invoices from Contractors substantiating or supporting some or all of those costs and expenses, if any. 5.10.3.3 If IFA disagrees with, or is unable to verify, the accuracy of any information submitted by Developer in support of its compliance with the requirement set forth in Section 5.10.3, then IFA shall promptly, but in no case later than ten (10) Business Days following receipt of such information, provide Notice to Developer of such disagreement or inability to verify. 5.10.3.4 IFA shall have the right to dispute, in good faith, any amount or any purpose for which amounts were expended as specified in Developer’s submittal in support of its compliance with the requirement set forth in Section 5.10.3. Developer and IFA shall use their reasonable efforts to resolve any such Dispute within thirty (30) days after the Dispute arises. If the Parties fail to resolve the Dispute within that period, then the Dispute shall be resolved according to the Dispute Resolution Procedures. 5.10.4 Developer shall perform, or cause to be performed, all Aesthetics and Landscaping Work in accordance with the PPA Documents.‌

Aesthetics and Landscaping. ‌ 5.10.1 Except as provided in Section 5.10.3, Developer shall be solely responsible for all costs, including all Extra Work Costs and Delay Costs, relating to the design and other services, procurement of all materials, equipment and labor, and performance of all services necessary or appropriate (excluding only those materials, services and efforts which the PPA Documents expressly specify will be undertaken by IFA or other Persons) relating to aesthetics the Aesthetics and landscaping Landscaping Work and the Standard Landscaping and Aesthetic Treatment Work for the Project, including the design, procurement (including transportation and handling), construction, installation, establishment, maintenance, protection, preservation and replacement of aesthetics and landscaping for the Project (collectively, the “Aesthetics and Landscaping Work” Work and the “Standard Landscaping and Aesthetics Treatments Aesthetic Treatment Work”). 5.10.2 Due to the presence of a number of historic resources and historic districts on or near the Site, the design and materials for the Project must be designed and constructed with sensitivity to aesthetic values, historic cultural landscapes, and the historic context of the setting. As part of the Work and the Rehabilitation Work, Developer shall implement elements of the Historic Preservation Plans and Aesthetics and Enhancement Implementation Plan, incorporate the Aesthetic Design Guidelines and continue consultations, and cooperate, with the public in development of the design and construction of the Project, all as more fully set forth in Section 5 of the Technical Provisions. 5.10.3 Prior to the Substantial Completion Date, Developer shall expend no less than 5.10.3.1 Developer shall submit to IFA evidence satisfactory to IFA in its good faith discretion, setting forth amounts paid by Developer for Aesthetics and Landscaping Work performed, and costs actually incurred in respect of the same. 5.10.3.2 Such evidence shall, at a minimum, itemize, and set forth the amount for each such itemized portion of the Aesthetics and Landscaping Work and must be accompanied by information sufficient, in IFA’s good faith determination, for IFA to verify that such amounts were for costs and expenses incurred in the performance of eligible Aesthetics and Landscaping Work. Such attached report shall at a minimum include: a. A description of the Aesthetics and Landscaping Work; and b. Invoices from Contractors substantiating or supporting some or all of those costs and expenses, if any. 5.10.3.3 If IFA disagrees with, or is unable to verify, the accuracy of any information submitted by Developer in support of its compliance with the requirement set forth in Section 5.10.3, then IFA shall promptly, but in no case later than ten (10) Business Days following receipt of such information, provide Notice to Developer of such disagreement or inability to verify. 5.10.3.4 IFA shall have the right to dispute, in good faith, any amount or any purpose for which amounts were expended as specified in Developer’s submittal in support of its compliance with the requirement set forth in Section 5.10.3. Developer and IFA shall use their reasonable efforts to resolve any such Dispute within thirty (30) days after the Dispute arises. If the Parties fail to resolve the Dispute within that period, then the Dispute shall be resolved according to the Dispute Resolution Procedures. 5.10.4 Developer shall perform, or cause to be performed, all Aesthetics and Landscaping Work in accordance with the PPA Documents.‌

Aesthetics and Landscaping. ‌ 5.10.1 Except as provided in Section 5.10.3, Developer shall be solely responsible for all costs, including all Extra Work Costs and Delay Costs, relating to the design and other services, procurement of all materials, equipment and labor, and performance of all services necessary or appropriate (excluding only those materials, services and efforts which the PPA Documents expressly specify will be undertaken by IFA or other Persons) relating to aesthetics the Aesthetics and landscaping Landscaping Work and the Standard Landscaping and Aesthetic Treatment Work for the Project, including the design, procurement (including transportation and handling), construction, installation, establishment, maintenance, protection, preservation and replacement of aesthetics and landscaping for the Project (collectively, the “Aesthetics and Landscaping Work” Work and the “Standard Landscaping and Aesthetics Treatments Aesthetic Treatment Work”). 5.10.2 Due to the presence of a number of historic resources and historic districts on or near the Site, the design and materials for the Project must be designed and constructed with sensitivity to aesthetic values, historic cultural landscapes, and the historic context of the setting. As part of the Work and the Rehabilitation Work, Developer shall implement elements of the Historic Preservation Plans and Aesthetics and Enhancement Implementation Plan, incorporate the Aesthetic Design Guidelines and continue consultations, and cooperate, with the public in development of the design and construction of the Project, all as more fully set forth in Section 5 Sections 5, 6, 7 and other relevant provisions of the Technical Provisions. 5.10.3 Prior to the Substantial Completion Date, Developer shall expend no less than 5.10.3.1 Developer shall submit to IFA evidence satisfactory to IFA in its good faith discretion, setting forth amounts paid by Developer for Aesthetics and Landscaping Work performed, and costs actually incurred in respect of the same. 5.10.3.2 Such evidence shall, at a minimum, itemize, and set forth the amount for each such itemized portion of the Aesthetics and Landscaping Work and must be accompanied by information sufficient, in IFA’s good faith determination, for IFA to verify that such amounts were for costs and expenses incurred in the performance of eligible Aesthetics and Landscaping Work. Such attached report shall at a minimum include: a. A description of the Aesthetics and Landscaping Work; and b. Invoices from Contractors substantiating or supporting some or all of those costs and expenses, if any. 5.10.3.3 If IFA disagrees with, or is unable to verify, the accuracy of any information submitted by Developer in support of its compliance with the requirement set forth in Section 5.10.3, then IFA shall promptly, but in no case later than ten (10) Business Days following receipt of such information, provide Notice to Developer of such disagreement or inability to verify. 5.10.3.4 IFA shall have the right to dispute, in good faith, any amount or any purpose for which amounts were expended as specified in Developer’s submittal in support of its compliance with the requirement set forth in Section 5.10.3. Developer and IFA shall use their reasonable efforts to resolve any such Dispute within thirty (30) days after the Dispute arises. If the Parties fail to resolve the Dispute within that period, then the Dispute shall be resolved according to the Dispute Resolution Procedures. 5.10.4 Developer shall perform, or cause to be performed, all Aesthetics and Landscaping Work in accordance with the PPA Documents.‌