Care, Custody and Control; Punch List Items Sample Clauses

Care, Custody and Control; Punch List Items. (a) Developer shall be responsible for care, custody, control and risk of loss of the Work, including all Equipment, Materials and the Facility, and shall make good at Developer’s own cost and expense any loss or damage that may occur to the Work or any part thereof from any cause whatsoever until the Substantial Completion Date. Developer shall also be responsible for any loss or damage to the Work, including all Equipment, Materials and the Facility, caused by the Developer Parties in the course of any work carried out under the Project Documents or in connection with the Project until Final Acceptance. Developer hereby waives any and all Claims or causes of action it might have now or in the future against PacifiCorp, whether by way of affirmative action, offset, cross claim or otherwise, and shall be liable for any loss or damage that may occur to the Work, including all Equipment, Materials and the Facility, or any part thereof, caused by PacifiCorp’s negligent acts in the course of any work carried out by PacifiCorp in connection with the Project. (b) Care, custody and control of the Work, including all Equipment, Materials and the Facility, shall be transferred to PacifiCorp as of the Substantial Completion Date. PacifiCorp shall begin to compile a preliminary punch list as the Work progresses (with Developer and PacifiCorp in good faith mutually determining the Dollar value of such list). PacifiCorp shall submit to Developer the completed preliminary punch list at least fifteen (15) Business Days prior to the anticipated Substantial Completion Date. At least five (5) Business Days prior to the Substantial Completion Date, Developer and PacifiCorp shall mutually agree on the final punch list of items, the value related thereto and on a schedule for completion of such items (the “Final Punch List”). PacifiCorp shall withhold from its Progress Payment at the Substantial Completion Date an amount equal to two hundred percent (200%) of the agreed upon value of the Final Punch List (the “Punchlist Holdback Amount”), but shall make periodic pro-rata payments as Developer demonstrates to PacifiCorp completion of the items on the Final Punch List. All of the items on the Final Punch List shall be completed expeditiously after the Substantial Completion Date and in accordance with the schedule for completion provided as part of the Final Punch List. PacifiCorp shall provide to Developer for such purpose reasonable access to the Work.
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Related to Care, Custody and Control; Punch List Items

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