Design and Construction of Project. Subdivider agrees to design and construct a complete and operational Project fully suited to the purpose for which it was designed and in accordance with this Agreement; the Plans and Specifications; and the Financing Plan. Subdivider also agrees to design and construct Project within the timeframe established by the Project Schedule attached as Exhibit F, and for the Estimated Costs attached as Exhibit G.
Design and Construction of Project. 16 5.1 Seller’s Obligations. 16 5.2 Design Review. 17 ARTICLE 6. CONSTRUCTION PERIOD AND MILESTONES 17 6.1 Milestone Schedule. 17 6.2 Inspection Rights. 18 ARTICLE 7. COMMISSIONING; TESTING 18
Design and Construction of Project. 9.1 Seller, at no cost to Edison, shall acquire all permits and approvals, and complete, or have completed, all environmental impact studies required for the construction, operation and maintenance of the Project.
Design and Construction of Project. 9 4.01 Seller’s Obligations. 9 4.02 Inspection Rights. 10 4.03 Changes in Operational Characteristics. 11 4.04 EPC Contractor. 11
Design and Construction of Project. Developer certifies that it has completed the design and construction of an operational Project fully suited to the purpose for which it was intended and in accordance with approved Drawing No. 36936, this Agreement, the Construction Documents, the Plans and Specifications, the Financing Plan, and any other applicable agreement.
Design and Construction of Project. 12 4.01 Seller’s Obligations. 12 4.02 Changes in Operational Characteristics. 13 4.03 EPC Contractor. 13 4.04 Provision of Information. 13 4.05 Inspection Rights. 14 4.06 Milestone Schedule. 15 4.07 Critical Path Development Milestones. 15
Design and Construction of Project. City shall develop the Project as more fully described in Exhibit B in accordance with plans and specifications approved by the School District. The plans and specifications for the Project shall include a phasing plan showing the time period in which each of the Athletic Fields would be closed due to construction. The design of the Project shall be based on the amount of the funds available for the Project pursuant to Section 2.1 above, it being the intent of the Parties to design the Project so that the Project Costs do not exceed the amount of money that the City and School District will make available for the Project pursuant to Section 2.1 above. If changes in the design, or reduction in the scope, of the Project are necessary to accommodate increased Project Costs or reduced funds available for the Project pursuant to Section 2.1, such changes or reductions shall be approved by the School District. City shall be solely responsible for all rehabilitation and new construction necessary for completion of the Project and for entering into any and all agreements required for, and relating to, the design, development, and construction of the Project. The City shall also be responsible for correcting any defects, errors or omissions in the design, construction or installation of the Project. City shall use a competitive bidding process for selection of contractors to undertake the work on the Project, awarding the contract to the lowest responsible bidder. In lieu of contracting with contractors for the work and to the extent permitted by law, the City may use its own employees to undertake a portion of the work. Prior to undertaking any work with its own employees, the City shall obtain approval from the School District for the City employee work. To facilitate the School District review, the City shall provide to the School District information on the scope of the work to be undertaken by the City employees, the amount to be charged for the work and evidence that the cost for the work to be undertaken by the City employees will be equal to or less than the cost of that work if it were bid to outside contractors. The School District shall not unreasonably withhold its approval of the City employee work if the work is work typically performed by the City employees and the School District is reasonably satisfied that the cost of the work will be equal to or less than the cost of that work if it were bid to outside contractors.
Design and Construction of Project. Design, engineer and construct the Project so that, upon Substantial Completion, the Project meets the requirements of this Agreement, and the applicable Contractor Deliverables, and is capable of operation at the design levels specified in Exhibit A while in compliance with Industry Standards and Applicable Laws in effect at the time of Substantial Completion. Contractor shall provide all engineering and design services necessary to set forth in detail the specifications, drawings and requirements for the procurement of Equipment and Materials and for the construction of the Project in a manner which satisfies the requirements of this Agreement. Contractor shall preserve all permanent survey construction monuments and benchmarks during its performance of the Work. Prior to the Execution Date, Owner performed or caused to be performed engineering, cost estimating and developed and supplied information that was used by the Parties in the preparation of the Statement of Work and the basis of design set forth in Exhibit A. Notwithstanding the performance of such services and the furnishing of such information by such other Persons, Contractor is fully responsible for the contents of Exhibit A as if furnished by Contractor under this Agreement, including for all purposes of the warranties provided under Article 17. Contractor affirms that it has the skills and experience necessary to review the engineering, cost estimating and other information used in the preparation of the Statement of Work and basis of design and Exhibit A, and that it has reviewed and participated in the drafting and preparation of the Statement of Work and basis of design with care and hereby acknowledges and agrees that the attached Statement of Work in Exhibit A is accurate, adequate and complete for Contractor to conduct the Work for the Contract Price, within the required times set forth in the Project Schedule, and in accordance with all requirements of this Agreement, including Applicable Laws and Industry Standards, and the [________] Guarantee. Contractor further affirms that it is entering into this Agreement based on such review and that notwithstanding the actual review undertaken by Contractor, Contractor shall be deemed to have reviewed and verified the information provided by Owner with respect to Exhibit A and all attachments thereto.
Design and Construction of Project. 16 5.1 Seller’s Obligations. 16 5.2 Design Review. 16
