Conditions Precedent to Commencement of Work. The Concessionaire shall not permit the Design Build Contractor to commence Work unless and until the following conditions (in addition to the conditions set forth in Section 7.03(b) with respect to any construction of a Construction Segment, if applicable) have been satisfied or waived by the Department in either case in writing (the “Work Commencement Approval”):
(i) the Initial Project Financing Agreements shall have been executed and delivered by the parties thereto in substantially the forms attached hereto as Exhibit H;
(ii) the Concessionaire and the Design Build Contractor shall have executed and delivered the Design-Build Contract in substantially the form attached hereto as Exhibit F, the Contractor Guarantor shall have executed and delivered the Completion Guaranty, and the Concessionaire shall have delivered the Initial Baseline Schedule to the Department;
(iii) there exists no court order which restrains, enjoins, challenges or delays performance of the Work;
(iv) all representations and warranties of the Concessionaire set forth in Section 15.02 remain true in all material respects; and
(v) there exists no uncured Concessionaire Default for which the Concessionaire has received notice from the Department.
Conditions Precedent to Commencement of Work. 3.1 The Proponent will indemnify, defend and hold harmless the County from and against all claims, liabilities, losses, costs, damages or other expenses of every kind that the County may incur or suffer as a consequence of personal and/or bodily injury, including death, and property damages arising out of any negligent act or omission in performance of the Work or the wilful misconduct of Proponent or those for whom it is in law responsible. If notice of a claim is received alleging damages or loss as a result of the Proponent’s activities or the easement granted pursuant to this Agreement, the Proponent shall be responsible for claims management including but not limited to investigation and resolution which management shall continue until rectified, which may exceed the life of this Agreement. The Proponent shall provide the County with status updates of any claims being managed that arise as a result of the activities carried out or the easement granted in accordance with this Agreement.
3.2 The Proponent hereby covenants and agrees that it shall, at its sole expense, obtain and maintain, throughout the term of the easement agreement a Commercial General Liability Policy with coverage for bodily injury and property damage on an occurrence basis with a limit of not less than five million dollars ($5,000,000). Such policy shall name Haldimand County as additional insured, contain cross liability and severability of interest clauses and provide for 30 days’ written notice of cancellation. Proponent shall provide the County with a Certificate of Insurance as evidence of such insurance prior to execution of the Easement Agreement and upon the anniversary date of the applicable policy described herein.
3.3 Prior to the commencement of any Work, the Proponent shall document, by means of video recording or another means satisfactory to the County acting reasonably and acceptable to Proponent, the then-existing condition of all Road Allowances and structures that the Proponent expects will or may be used for or subject to such Work, and both Parties shall receive a complete copy of such document.
3.4 The Proponent shall provide project-specific security in an amount equal to the estimated project-specific repair costs, as determined by the County acting reasonably, and the County shall release said security once the project-specific repairs are completed in accordance with Section 4.3 and 4.5 of this Agreement.
3.5 Where it is deemed preferable to the County tha...
Conditions Precedent to Commencement of Work. The Concessionaire shall not permit the applicable Design-Build Contractor to commence Work unless and until the following conditions (in addition to the conditions set forth in Section 7.03(b) with respect to any construction of a Construction Segment, if applicable) have been satisfied or waived by the Department in either case in writing (the “Work Commencement Approval”):
(i) with respect to the Original Project, the Initial Project Financing Agreements shall have been executed and delivered by the parties thereto in substantially the forms attached hereto as Exhibit H-1 and with respect to the NEXT Project, the NEXT Project Financing Agreements shall have been executed and delivered by the parties thereto in substantially the forms attached hereto as Exhibit H-2;
(ii) with respect to the Original Project, the Concessionaire and the Original Design-Build Contractor shall have executed and delivered the Original Design-Build Contract, the Original Contractor Guarantor shall have executed and delivered the Original Completion Guaranty, and the Concessionaire shall have delivered the Initial Baseline Schedule to the Department;
(iii) with respect to the NEXT Project, the Concessionaire and the NEXT Design-Build Contractor shall have executed and delivered the NEXT Design-Build Contract in substantially the form attached hereto as Exhibit I, the NEXT Contractor Guarantor shall have executed and delivered the NEXT Completion Guaranty, the Concessionaire shall have delivered the NEXT Payment Bond and the NEXT Performance Bond and the Concessionaire shall have delivered the NEXT Baseline Schedule to the Department;
(iv) there exists no court order which restrains, enjoins, challenges or delays performance of the Work;
(v) all representations and warranties of the Concessionaire set forth in Section 15.02 remain true in all material respects; and
(vi) there exists no uncured Concessionaire Default or NEXT Concessionaire Breach for which the Concessionaire has received notice from the Department. This Section 7.03(a) does not apply to the NEXT Early Work.
Conditions Precedent to Commencement of Work. 3.1 Prior to the commencement of any Work, Biidaaske shall arrange for and maintain liability insurance satisfactory to the Municipality, acting reasonably, insuring, for the joint benefit of Biidaaske, any lender(s) to Biidaaske and the Municipality as additional insured, as against all claims, liabilities, losses, costs, damages or other expenses of every kind that Biidaaske, such lender(s) and the Municipality may incur or suffer as a consequence of personal injury, including death, and property damage arising out of or in any way incurred or suffered in connection with the Work as contemplated by this Agreement, which insurance, at a minimum, shall provide coverage with limits of liability not less than Five Million Dollars ($5,000,000) per incident until the Solar Project commences commercial operation and Five Million Dollars ($5,000,000) per incident thereafter. Biidaaske shall satisfy the Municipality, from time to time upon reasonable request by the Municipality that the premiums of such insurance have been paid and that such insurance is in full force and effect.
3.2 Immediately prior to the commencement of any Installation Work, Alteration Work or Decommissioning Work, Biidaaske and the Municipality shall visually inspect the surfaces, ditches, and any bridges, culverts, or similar structures within the City Property and Road Allowances that Biidaaske expects will or may be used for, affected by, or otherwise subject to such Work and document to the satisfaction of the Municipality acting reasonably.
3.3 Immediately after the completion of any Installation Work, Alteration Work or Decommissioning Work, Biidaaske and the Municipality shall inspect the surfaces, ditches, and any bridges, culverts, or similar structures within the City Property and Road Allowances that Biidaaske's Work used or affected and document to the satisfaction of the Municipality acting reasonably.
3.4 During the periods that Installation Work, Alteration Work or Decommissioning Work is being carried out, the Proponent shall, on a weekly basis, inspect the subject City Property and Road Allowances and provide to the Municipality written communication describing changes, if any, to the condition of the City Property and Road Allowances caused by the performance of such Work including notification of any change requiring repairs or maintenance. Biidaaske shall be responsible for completing any required repairs in accordance with Sections 4.4 of this Agreement.
3.5 Prior to th...
Conditions Precedent to Commencement of Work. 3.1 Prior to the commencement of any Work, the Proponent shall arrange for and maintain commercial general liability insurance satisfactory to the County, acting reasonably, for the joint benefit of the Proponent and the County as an additional insured. The Proponent will indemnify and hold harmless the County from and against all claims, liabilities, losses, costs, damages or other expenses of every kind that the County may incur or suffer as a consequence of personal injury, including death, and property damages arising out of the negligent performance of the Work or the willful misconduct of the Proponent or those for whom it is in law responsible. The commercial general liability insurance shall provide, at a minimum, limits of liability not less than Five Million Dollars ($5,000,000.00) per occurrence and in the aggregate at the commencement of the term hereof. This policy will contain a cross liability and severability of interest clause and provide for a minimum of thirty (30) days' notice of alteration or cancellation of said policy. The Proponent shall provide the County with a Certificate of Insurance evidencing the required insurance prior to the commencement of Work and, from time to time, upon reasonable request by the County provide proof that the premiums of such insurance have been paid and that such insurance is in full force and effect.
3.2 Prior to the commencement of any Work, the Proponent shall conduct a pre- construction road condition inspection and document such inspection, by means of reports, surveys, photographs, video recording or another means satisfactory to the County acting reasonably, the then existing condition of all Road Allowances and structures that the Proponent expects will or may be used for or subject to such Work, and both Parties shall receive a complete copy of such document.
Conditions Precedent to Commencement of Work. 4.1 Prior to the commencement of any Work, Corporation shall arrange for and maintain, and shall cause its general contractor to arrange for and maintain, commercial general liability insurance for the joint benefit of Corporation and the Owner as an additional insured which policy shall, at a minimum provide:
(a) limits of liability not less than Five Million Dollars ($5,000,000.00) per occurrence and in the aggregate at the commencement of the term hereof;
(b) a cross liability and severability of interest clause; and
(c) provide for a minimum of thirty (30) days' notice of cancellation of said policy. Corporation shall provide the Owner with a certificate of insurance evidencing the required insurance immediately following the execution of this agreement, and thereafter from time to time, upon reasonable request by the Owner provide confirmation that the premiums of such insurance have been paid and that such insurance is in full force and effect.
4.2 Corporation will indemnify and hold harmless the Owner from and against all claims, liabilities, losses, costs, damages or other expenses of every kind that the Owner may incur or suffer as a consequence of personal injury, including death, and property damages arising out of the use and enjoyment of the Working Area Property by Corporation or any of its contractors, subcontractors, agents, servants, employees or invitees, or the negligent performance of the Work or the willful misconduct of Corporation or those for whom it is in law responsible.
4.3 Prior to the commencement of any Work, Corporation shall obtain all necessary permits and approvals from all Public Authorities having jurisdiction over the Work, to the extent that Applicable Law requires such approval prior to the commencement of the Work.
