Developer Responsibility. Xxxxxxxxx agrees that it has full responsibility for the design of the Project and that Developer will furnish the design of the Project, regardless of the fact that aspects of the Schematic Design have been provided to Developer as a preliminary basis for Developer’s design. Developer specifically acknowledges and agrees that:
(a) Developer is not entitled to rely on: (i) the Schematic Design except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents.
(b) Developer is responsible for correcting any Errors in the Schematic Design through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.6.
(c) TxDOT’s liability for Errors in the Schematic Design is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Schematic ROW limits, and is subject to the requirements and limitations of Section 13.
(d) Xxxxxxxxx’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Schematic Design.
(e) Developer is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT.
Developer Responsibility. Commencing on the Service Commencement Date for each Project Segment and continuing throughout the Term, Developer shall be responsible for toll collection, violation processing, revenue handling and accounting, and customer service and support for the Toll Lanes. Developer shall conduct its violation processing and enforcement activities in compliance with applicable Laws; provided, however, that whenever Developer retains a public agency to perform toll violation processing and enforcement, the Laws applicable to such agency’s violation processing and enforcement activities, including those pertaining to fees, costs and penalties it may charge to Users, shall apply.
Developer Responsibility. Xxxxxxxxx agrees that it has full responsibility for the design of the Project and that Developer will furnish the design of the Project, excluding only the FM 407 Design if the Developer elects not to deviate from the FM 407 Design, regardless of the fact that aspects of the Draft Interim Schematic have been provided to Developer as a preliminary basis for Developer’s design. Developer specifically acknowledges and agrees that:
(a) Developer is not entitled to rely on: (i) the Draft Interim Schematic except as specified in Section 3.3.2, (ii) the Reference Information Documents, or (iii) any other documents or information provided by TxDOT, except to the extent specifically permitted in the Contract Documents.
(b) Developer is responsible for correcting any Errors in the Draft Interim Schematic through the design and/or construction process without any increase in the Price or extension of a Completion Deadline, subject only to the right to a Change Order with respect to Necessary Basic Configuration Changes to the extent permitted by Section 13.8.6.
(c) Developer has diligently reviewed and verified the FM 407 Design for Errors which may affect design or constructability.
(d) TxDOT’s liability for Errors in the Draft Interim Schematic is limited to its obligations relating to Necessary Basic Configuration Changes as set forth in Section 2.1.3.3 and provision of access to parcels within the Draft Interim Schematic ROW limits, and is subject to the requirements and limitations of Section 13. TxDOT’s liability to Developer for Errors in the FM 407 Design is limited to the extent set forth in Section 3.3.3.
(e) Developer’s warranties and indemnities hereunder cover Errors in the Project even though they may arise from or be related to Errors in the Draft Interim Schematic.
(f) Developer is responsible for verifying all calculations and quantity takeoffs contained in the RFP Documents or otherwise provided by TxDOT.
Developer Responsibility. Developer shall enter into Subleases which shall require that the Private Improvements be constructed on the Property in accordance with the Concept Plan as it applies to the Property. All construction required of the Parties by this Agreement shall be undertaken and completed in accordance with all applicable laws and regulations, including City codes and ordinances, the Resolution and the Urban Renewal Plan and shall be performed in accordance with and subject to the terms and conditions of this Agreement.
Developer Responsibility. Notwithstanding any approval of the Manager, the Developer has sole responsibility for and remains responsible for the design, construction and maintenance of the Developer Installed Utilities and Improvements in accordance with the provisions of this Agreement.
Developer Responsibility. The developer will not be held responsible for any damages to “loose goods” brought unto the property by the purchaser/tenant, caused by burglary, fire, excessive hail, excessive rains, extreme winds, leaking pipes, electric malfunction, acts of God or any cause whatsoever. The purchaser/tenant will be responsible for all his/her goods brought onto the premises and is therefore responsible for his/her own insurance of his/her goods that might be damaged due to any of the above mentioned unforeseen circumstances. Refer to Addendum A. After registration of transfer, the developer will not be responsible for repairs and maintenance to the property itself following burglary, fire, excessive hail, excessive rains, floods, extreme winds, roof leaks caused by the above, acts of God or any cause whatsoever.
Developer Responsibility. Developer shall furnish the Mediator one copy of all documents it might have, other than those furnished by the Owner, which are pertinent to the performance of the Mediator's duties hereunder.
Developer Responsibility. Developer shall be responsible for all costs of utility services during D&C Work, including costs for power, communications, and water service necessary for the Design and Construction of the East End Crossing.
Developer Responsibility. Notwithstanding any covenant, provision or obligation contained in this Agreement or elsewhere, but subject always to Clause 9.5.1, the Parties agree that: the Developer shall be solely responsible for and shall undertake (at its sole cost) any remediation of the Environment in relation to the Development (including, for the avoidance of doubt, the Energy Centre, the Substations and the land which is subject to each Lease and Easement but save where ESCo is in breach of Clause 9.5; and ESCo shall have no liability in relation to any Hazardous Substances present in, on, at, under, around or migrating to or from the Development (including, for the avoidance of doubt, the Energy Centres, Substations and the land which is subject to each Lease and Easement) and the Developer agrees to indemnify and hold harmless ESCo against all Losses related to, or arising out of, such Hazardous Substances (including, without limitation, liabilities arising out of claims by any third party or action taken by any Relevant Authority or remedial works taken to avoid such formal claim or action) and including in respect of the removal, cleaning and remediation by ESCo (or on ESCo's behalf) of any soil, building material, structure and the Environment that is contaminated by said Hazardous Substances. The Developer agrees that in undertaking the Developer Works and any remediation works required by Clause 9.4.1, the Developer shall carry out such works or procure that they are carried out in accordance with Good Industry Practice and to the standard required by all relevant Environmental Laws and Environmental Permits. ESCo shall, as soon as reasonably practicable after becoming aware, advise the Developer of any relevant Environmental Laws and Environmental Permits having been breached as a result of the Developer Works or any remediation works undertaken by the Developer pursuant to Clause 9.4.2 or in relation to any Developer Works and the Developer will remedy the breach (at its sole cost) and shall be liable for, indemnify and hold harmless ESCo against any Losses arising from the Developer's breach.
Developer Responsibility. The Developer agrees to construct and install, at the Developer's expense, all of the Public Improvements for which Developer is responsible as shown on the original construction plans and specifications as subsequently amended and approved by the City in compliance with applicable City ordinances, standards, and regulations.
