Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFA, Developer shall not commence or permit or suffer commencement of Construction Work for the Project until IFA issues NTP2 and Developer satisfies the following conditions to commencement of Construction Work: a. All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3; b. All rights of access acceptable to IFA in its good faith discretion for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall have been identified, conveyed and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA; c. Developer has satisfied, for the applicable portion of the Project, all applicable pre-construction requirements contained in the NEPA Documents and other Governmental Approvals; d. Developer has caused to be developed and delivered to IFA and IFA has approved, in accordance with Section 3.2.4 of this Agreement and Section 1. 5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “B” in the column titled “Required By” in Attachment 1-1 to the Technical Provisions; e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7; f. Developer has delivered to IFA, and IFA has accepted and approved, as applicable, all other Submittals relating to the Construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan or PPA Documents; g. Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions; and h. Developer has adopted written policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA and the Department and (ii) employment relations, in accordance with Section 7.8.1.
Appears in 3 contracts
Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFA, Developer shall not commence or permit or suffer commencement of Construction Work for the Project until IFA issues NTP2 and Developer satisfies the following conditions to commencement of Construction Work:
a. All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3;
b. All rights of access acceptable to IFA in its good faith discretion for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall have been identified, conveyed and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA;
c. Developer has satisfied, for the applicable portion of the Project, all applicable pre-construction requirements contained in the NEPA Documents and other Governmental Approvals;
d. Developer has caused to be developed and delivered to IFA and IFA has approved, in accordance with Section 3.2.4 of this Agreement and Section
1. 5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “B” in the column titled “Required By” in Attachment 1-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. Developer has delivered to IFA, and IFA has accepted and approved, as applicable, all other Submittals relating to the Construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan or PPA Documents;
g. Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions; and
h. Developer has adopted written policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA and the Department and (ii) employment relations, in accordance with Section 7.8.1.7.8.1.
Appears in 2 contracts
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFATxDOT, Developer shall not commence or permit or suffer commencement of Construction Work for construction of the Project or applicable portion thereof until IFA TxDOT issues NTP2 and Developer satisfies all of the following conditions to commencement of Construction Workhave been satisfied:
a. (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA TxDOT fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3Approvals;
b. All rights of access (b) Fee simple title or, if acceptable to IFA TxDOT in its good faith discretion discretion, other property rights, for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded to IFAin favor of TxDOT, IFA XxXXX has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFATxDOT;
c. (c) Developer has satisfied, satisfied for the applicable portion of the Project, Project all applicable pre-construction requirements contained in the NEPA Documents Approval and other relevant Governmental Approvals;
d. (d) Developer has delivered to TxDOT the original of each of the Performance Bond and the Payment Bond (in each case in the increased amount, as provided in Sections 26.2.1 and 26.2.2, respectively) or a certified copy thereof;
(e) The guarantees in favor of TxDOT, if any, required under Section 26.4 have been obtained and delivered to TxDOT;
(f) All Insurance Policies required under Section 26.1 and Exhibit 16 have been obtained and are in full force and effect, and Developer has delivered to TxDOT binding verifications of coverage from the relevant issuers of such Insurance Policies;
(g) Developer has caused to be developed and delivered to IFA TxDOT and IFA TxDOT has approved, in accordance with Section 3.2.4 22.1 of this Agreement and Section
1. 5.2.5 Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 12-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. (h) Developer has delivered to IFA, TxDOT and IFA has accepted and approved, as applicable, the Independent Engineer all other Submittals relating to the Construction Work required by the Project Management Plan and PPA or CDA Documents, in the form and content required by the Project Management Plan or PPA CDA Documents;
g. (i) Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has satisfied any other requirements or completed training of operations and maintenance personnel, which demonstration shall consist of (i) delivery to TxDOT of a certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Project in accordance with the terms and conditions for commencing Construction Work set forth of the CDA Documents and Project Management Plan pertaining to the Operating Period, (ii) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (iii) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Technical Provisions, including in Hazardous Material Management Plan and Section 7.4 4.3.5 of the Technical Provisions; and;
h. (j) All component parts, plans and documentation of the Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Project Management Plan;
(k) All Submittals required by the Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT or the Independent Engineer, as applicable, in the form and content required by the Project Management Plan or CDA Documents;
(l) Developer has received, and paid all associated fees (that are due and payable) for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
(m) Any other guaranty of payment or performance required pursuant to Section 26.4 during the Operating Period has been delivered to TxDOT;
(n) All representations and warranties of Developer set forth in Section 5.1 shall be and remain true and correct in all material respects;
(o) Developer has adopted written policies, approved by IFA, policies establishing ethical standards of conduct for all Developer-Related Entities, including DeveloperXxxxxxxxx’s supervisory and management personnel in dealing with (i) IFA TxDOT and the Department Independent Engineer and (ii) employment relations, in accordance with Section 7.8.123.7.1; and
(p) There exists no uncured Developer Default (or any other failure or breach which would become a Developer Default after the expiration of the applicable cure period in Section 29.1) for which Developer has received notice from TxDOT, unless, (i) with respect to a monetary default that Developer has disputed, Developer has delivered to TxDOT any letter of credit required pursuant to Section 29.4.7(b) regarding the amount in dispute, or (ii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period specified in Section 29.1. Developer shall provide to TxDOT and the Independent Engineer at least 60 days’ advance notice of the date Developer anticipates that it will satisfy all such conditions precedent.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFATxDOT, Developer shall not commence or permit or suffer commencement of Construction Work for construction of the Project or applicable portion thereof until IFA TxDOT issues NTP2 and Developer satisfies all of the following conditions to commencement of Construction Workhave been satisfied:
a. (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA TxDOT fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3Approvals;
b. All rights of access (b) Fee simple title or, if acceptable to IFA TxDOT in its good faith discretion discretion, other property rights, for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded to IFAin favor of TxDOT, IFA TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFATxDOT;
c. (c) Developer has satisfied, satisfied for the applicable portion of the Project, Project all applicable pre-construction requirements contained in the NEPA Documents Approval and other relevant Governmental Approvals;
d. (d) Developer has delivered to TxDOT the original of each of the Performance Bond and the Payment Bond (in each case in the increased amount, as provided in Sections 26.2.1 and 26.2.2, respectively) or a certified copy thereof;
(e) The guarantees in favor of TxDOT, if any, required under Section 26.4 have been obtained and delivered to TxDOT;
(f) All Insurance Policies required under Section 26.1 have been obtained and are in full force and effect, and Developer has delivered to TxDOT binding verifications of coverage from the relevant issuers of such Insurance Policies;
(g) Developer has caused to be developed and delivered to IFA TxDOT and IFA TxDOT has approved, in accordance with Section 3.2.4 22.1 of this Agreement and Section
1. 5.2.5 Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 12-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. (h) Developer has delivered to IFA, TxDOT and IFA has accepted and approved, as applicable, the Independent Engineer all other Submittals relating to the Construction Work required by the Project Management Plan and PPA or CDA Documents, in the form and content required by the Project Management Plan or PPA CDA Documents;
g. (i) Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has satisfied any other requirements or completed training of operations and maintenance personnel, which demonstration shall consist of (i) delivery to TxDOT of a certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Project in accordance with the terms and conditions for commencing Construction Work set forth of the CDA Documents and Project Management Plan pertaining to the Operating Period, (ii) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (iii) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Technical Provisions, including in Hazardous Material Management Plan and Section 7.4 4.3.5 of the Technical Provisions; and;
h. (j) All component parts, plans and documentation of the Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Project Management Plan;
(k) All Submittals required by the Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT or the Independent Engineer, as applicable, in the form and content required by the Project Management Plan or CDA Documents;
(l) Developer has received, and paid all associated fees (that are due and payable) for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
(m) Any other guaranty of payment or performance required pursuant to Section 26.4 during the Operating Period has been delivered to TxDOT;
(n) All representations and warranties of Developer set forth in Section 5.1 shall be and remain true and correct in all material respects;
(o) Developer has adopted written policies, approved by IFA, policies establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA TxDOT and the Department Independent Engineer and (ii) employment relations, in accordance with Section 7.8.123.7.1; and
(p) There exists no uncured Developer Default for which Developer has received notice from TxDOT, unless, (i) with respect to a monetary default that Developer has disputed, Developer has delivered to TxDOT any letter of credit required pursuant to Section 29.4.7(b) regarding the amount in dispute, or (ii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. Developer shall provide to TxDOT and the Independent Engineer at least 60 days’ advance notice of the date Developer anticipates that it will satisfy all such conditions precedent.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 2.1.2. or otherwise expressly permitted in writing by IFA, Developer shall not commence or permit or suffer commencement of Construction Work for the Project East End Crossing until IFA issues NTP2 and Developer satisfies the following conditions to commencement of Construction Work:
a. IFA has delivered NTP2 to Developer;
b. All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project East End Crossing have been obtained, and Developer has furnished to IFA fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3;
b. c. All rights of access acceptable to IFA in its good faith discretion for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project East End Crossing shall have been identified, conveyed conveyed, and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA;
c. d. Developer has satisfied, for the applicable portion of the ProjectEast End Crossing, all applicable pre-construction requirements contained in the NEPA Documents Approval and other Governmental Approvals;
d. e. Developer has caused to be developed and delivered to IFA and IFA has approved, in accordance with Section 3.2.4 10.1 of this Agreement and Section
1. 5.2.5 Section 1.5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “B” in the column titled “Required By” in Attachment 101-1 to the Technical Provisions;
e. f. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the ProjectEast End Crossing, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. g. Developer has delivered to IFA, and IFA has accepted and approved, as applicable, all other Submittals relating to the Construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan or PPA Documents;
g. h. Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions; and
h. i. Developer has adopted written policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA and the Department and (ii) employment relations, in accordance with Section 7.8.1.
Appears in 1 contract
Samples: Public Private Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFA, Developer shall not commence or permit or suffer commencement of Construction Work for the Project until IFA issues NTP2 and Developer satisfies the following conditions to commencement of Construction Work:
a. All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3;
b. All rights of access acceptable to IFA in its good faith discretion for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall have been identified, conveyed and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA;
c. Developer has satisfied, for the applicable portion of the Project, all applicable pre-construction requirements contained in the NEPA Documents and other Governmental Approvals;
d. Developer has caused to be developed and delivered to IFA and IFA has approved, in accordance with Section 3.2.4 of this Agreement and Section
1. 5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “B” in the column titled “Required By” in Attachment 1-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 Sections 12.3.2 and 20 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. Developer has delivered to IFA, and IFA has accepted and approved, as applicable, all other Submittals relating to the Construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan or PPA Documents;
g. Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions; and
h. Developer has adopted written policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA and the Department and (ii) employment relations, in accordance with Section 7.8.1.7.8.1.
Appears in 1 contract
Samples: Public Private Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFATxDOT, Developer shall not commence or permit or suffer commencement of Construction Work for construction of the Project or applicable portion thereof until IFA TxDOT issues NTP2 and Developer satisfies all of the following conditions to commencement of Construction Workhave been satisfied:
a. (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA TxDOT fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3Approvals;
b. All rights of access (b) Fee simple title or, if acceptable to IFA TxDOT in its good faith discretion discretion, other property rights, for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded to IFAin favor of TxDOT, IFA TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFATxDOT;
c. (c) Developer has satisfied, satisfied for the applicable portion of the Project, Project all applicable pre-construction requirements contained in the NEPA Documents Approval and other relevant Governmental Approvals;
d. (d) Developer has delivered to TxDOT the original of each of the Performance Bond and the Payment Bond (in each case in the increased amount, as provided in Sections 26.2.1 and 26.2.2, respectively) or a certified copy thereof;
(e) The guarantees in favor of TxDOT, if any, required under Section 26.4 have been obtained and delivered to TxDOT;
(f) All Insurance Policies required under Section 26.1 have been obtained and are in full force and effect, and Developer has delivered to TxDOT binding verifications of coverage from the relevant issuers of such Insurance Policies;
(g) Developer has caused to be developed and delivered to IFA TxDOT and IFA TxDOT has approved, in accordance with Section 3.2.4 22.1 of this Agreement and Section
1. 5.2.5 Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 12-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. (h) Developer has delivered to IFA, TxDOT and IFA has accepted and approved, as applicable, the Independent Engineer all other Submittals relating to the Construction Work required by the Project Management Plan and PPA or CDA Documents, in the form and content required by the Project Management Plan or PPA CDA Documents;
g. (i) Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has satisfied any other requirements or completed training of operations and maintenance personnel, which demonstration shall consist of (i) delivery to TxDOT of a certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Project in accordance with the terms and conditions for commencing Construction Work set forth of the CDA Documents and Project Management Plan pertaining to the Operating Period, (ii) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (iii) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Technical Provisions, including in Hazardous Material Management Plan and Section 7.4 4.3.5 of the Technical Provisions; and;
h. (j) All component parts, plans and documentation of the Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Project Management Plan;
(k) All Submittals required by the Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT or the Independent Engineer, as applicable, in the form and content required by the Project Management Plan or CDA Documents;
(l) Developer has received, and paid all associated fees (that are due and payable) for, all applicable Governmental Approvals and other third party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third party approvals;
(m) Any other guaranty of payment or performance required pursuant to Section 26.4 during the Operating Period has been delivered to TxDOT;
(n) All representations and warranties of Developer set forth in Section 5.1 shall be and remain true and correct in all material respects;
(o) Developer has adopted written policies, approved by IFA, policies establishing ethical standards of conduct for all Developer-Related Entities, including DeveloperXxxxxxxxx’s supervisory and management personnel in dealing with (i) IFA TxDOT and the Department Independent Engineer and (ii) employment relations, in accordance with Section 7.8.123.7.1; and
(p) There exists no uncured Developer Default for which Developer has received notice from TxDOT, unless, (i) with respect to a monetary default that Developer has disputed, Developer has delivered to TxDOT any letter of credit required pursuant to Section 29.4.7(b) regarding the amount in dispute, or (ii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period. Developer shall provide to TxDOT and the Independent Engineer at least 60 days’ advance notice of the date Developer anticipates that it will satisfy all such conditions precedent.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFATxDOT, Developer shall not commence or permit or suffer commencement of Construction Work for construction of the Project or applicable portion thereof until IFA TxDOT issues NTP2 and Developer satisfies all of the following conditions to commencement of Construction Workhave been satisfied:
a. (a) All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA TxDOT fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3Approvals;
b. All rights of access (b) Fee simple title or, if acceptable to IFA TxDOT in its good faith discretion discretion, other property rights, for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall and Utility Adjustments included in the Construction Work have been identified, conveyed to and recorded to IFAin favor of TxDOT, IFA TxDOT has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFATxDOT;
c. (c) Developer has satisfied, satisfied for the applicable portion of the Project, Project all applicable pre-construction requirements contained in the NEPA Documents Approval and other relevant Governmental Approvals;
d. (d) Developer has delivered to TxDOT the original of each of the Performance Bond and the Payment Bond (in each case in the increased amount, as provided in Sections 26.2.1 and 26.2.2, respectively) or a certified copy thereof;
(e) The guarantees in favor of TxDOT, if any, required under Section 26.4 have been obtained and delivered to TxDOT;
(f) All Insurance Policies required under Section 26.1 and Exhibit 16 have been obtained and are in full force and effect, and Developer has delivered to TxDOT binding verifications of coverage from the relevant issuers of such Insurance Policies;
(g) Developer has caused to be developed and delivered to IFA TxDOT and IFA TxDOT has approved, in accordance with Section 3.2.4 22.1 of this Agreement and Section
1. 5.2.5 Section 2 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “A” and “B” in the column titled “Required By” in Attachment 12-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. (h) Developer has delivered to IFA, TxDOT and IFA has accepted and approved, as applicable, the Independent Engineer all other Submittals relating to the Construction Work required by the Project Management Plan and PPA or CDA Documents, in the form and content required by the Project Management Plan or PPA CDA Documents;
g. (i) Developer demonstrates to TxDOT’s reasonable satisfaction that Developer has satisfied any other requirements or completed training of operations and maintenance personnel, which demonstration shall consist of (i) delivery to TxDOT of a certificate, in form acceptable to TxDOT, executed by Developer that it and its Contractors are fully staffed with such trained personnel and are ready, willing and able to operate and maintain the Project in accordance with the terms and conditions for commencing Construction Work set forth of the CDA Documents and Project Management Plan pertaining to the Operating Period, (ii) delivery to TxDOT of training records and course completion certificates issued to each of the subject personnel and (iii) TxDOT’s verification that the training program and number of trained personnel meet the standards in the Technical Provisions, including in Hazardous Material Management Plan and Section 7.4 4.3.5 of the Technical Provisions; and;
h. (j) All component parts, plans and documentation of the Project Management Plan required to be prepared, submitted and approved prior to the Operating Period have been so prepared, submitted and approved, including all operations and maintenance plans, procedures, rules, schedules and manuals, and including manuals and procedures respecting safety, security, Emergency response and Incident response, as identified in the Project Management Plan;
(k) All Submittals required by the Project Management Plan or CDA Documents to be submitted to and approved by TxDOT or the Independent Engineer prior to the Operating Period have been submitted to and approved by TxDOT or the Independent Engineer, as applicable, in the form and content required by the Project Management Plan or CDA Documents;
(l) Developer has received, and paid all associated fees (that are due and payable) for, all applicable Governmental Approvals and other third-party approvals required for use and operation, and there exists no uncured material violation of the terms and conditions of any such Governmental Approval or other third-party approvals;
(m) Any other guaranty of payment or performance required pursuant to Section 26.4 during the Operating Period has been delivered to TxDOT;
(n) All representations and warranties of Developer set forth in Section 5.1 shall be and remain true and correct in all material respects;
(o) Developer has adopted written policies, approved by IFA, policies establishing ethical standards of conduct for all Developer-Related Entities, including DeveloperXxxxxxxxx’s supervisory and management personnel in dealing with (i) IFA TxDOT and the Department Independent Engineer and (ii) employment relations, in accordance with Section 7.8.123.7.1; and
(p) There exists no uncured Developer Default (or any other failure or breach which would become a Developer Default after the expiration of the applicable cure period in Section 29.1) for which Developer has received notice from TxDOT, unless, (i) with respect to a monetary default that Developer has disputed, Developer has delivered to TxDOT any letter of credit required pursuant to Section 29.4.7(b) regarding the amount in dispute, or (ii) with respect to a non-monetary default, Developer has a right to cure and is diligently pursuing cure within the applicable cure period specified in Section 29.1. Developer shall provide to TxDOT and the Independent Engineer at least 60 days’ advance notice of the date Developer anticipates that it will satisfy all such conditions precedent.
Appears in 1 contract
Samples: Comprehensive Development Agreement
Conditions Precedent to Commencement of Construction Work. Except to the extent authorized under Section 2.1.2 or otherwise expressly permitted in writing by IFA, Developer shall not commence or permit or suffer commencement of Construction Work for the Project until IFA issues NTP2 and Developer satisfies the following conditions to commencement of Construction Work:
a. All Governmental Approvals necessary to begin Construction Work in the applicable portion of the Project have been obtained, and Developer has furnished to IFA fully executed copies of any such Governmental Approval that Developer is responsible for obtaining pursuant to Section 4.3;
b. All rights of access acceptable to IFA in its good faith discretion for such portion of the Project Right of Way necessary for commencement of construction of the applicable portion of the Project shall have been identified, conveyed and recorded to IFA, IFA has obtained possession thereof through eminent domain, or all necessary parties have validly executed and delivered a possession and use agreement therefor on terms acceptable to IFA;
c. Developer has satisfied, for the applicable portion of the Project, all applicable pre-construction requirements contained in the NEPA Documents and other Governmental Approvals;
d. Developer has caused to be developed and delivered to IFA and IFA has approved, in accordance with Section 3.2.4 of this Agreement and Section
1. 5.2.5 Section 1.5.2.5 of the Technical Provisions, the component parts, plans and documentation of the Project Management Plan that are labeled “B” in the column titled “Required By” in Attachment 101-1 to the Technical Provisions;
e. Developer has developed and delivered to IFA, and IFA has approved, a Temporary Traffic Control Plan for the applicable portion of the Project, as required under Section 12.3 of the Technical Provisions, and the Submittal review period for such Temporary Traffic Control Plan set forth in Section 12.1 of the Technical Provisions has run without comment from IFA or with all comments addressed in accordance with Section 3.1.7;
f. Developer has delivered to IFA, and IFA has accepted and approved, as applicable, all other Submittals relating to the Construction Work required by the Project Management Plan and PPA Documents, in the form and content required by the Project Management Plan or PPA Documents;
g. Developer has satisfied any other requirements or conditions for commencing Construction Work set forth in the Technical Provisions, including in Section 7.4 of the Technical Provisions; and
h. Developer has adopted written policies, approved by IFA, establishing ethical standards of conduct for all Developer-Related Entities, including Developer’s supervisory and management personnel in dealing with (i) IFA and the Department and (ii) employment relations, in accordance with Section 7.8.1.
Appears in 1 contract
Samples: Public Private Agreement
