Below Grade Components Sample Clauses

Below Grade Components. Developer shall be responsible at its cost for the design and construction of all components below the surface landscaping, hardscaping and improvements, including without limitation, the portion of the Garage located on the Park Subparcel, the ceiling slab of the Garage, and the waterproofing between the New Park and the Garage, and, to the extent not serving the New Park, storm water management facilities, utilities and other facilities serving any portion or component of the Project. The hard construction costs of any storm water management facilities, utilities or other facilities serving only the New Park shall be counted against the New Park Cap in accordance with this Agreement. The hard construction costs of constructing any storm water management facilities, utilities or other facilities serving both the New Park and any other portion or component of the Project shall be allocated (based upon the expected relative usage of the shared facility by the New Park and the other portion(s) or component(s) of the Project in question) between (i) costs for which Developer is solely responsible and (ii) costs to be counted against the New Park Cap. Notwithstanding anything to the contrary in this Section 2.04(e), if any component of the New Park arising from a County-directed design change to the New Park CDs or a Change Order initiated by the County requires a change or special accommodation in the design or construction of Developer’s subsurface improvements (e.g., a change in the ceiling slab of the Garage), then hard costs arising from such change or accommodation shall be counted against the New Park Cap; provided, however, Developer shall provide County with written notice of such hard costs and a reasonable opportunity to modify the New Park design or the Change Order so as to avoid or minimize such hard costs.
Sample 1
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