Common use of DEVELOPER'S CONSULTING ENGINEER Clause in Contracts

DEVELOPER'S CONSULTING ENGINEER. 2.5.1 The Developer’s Consulting Engineer acts as the Developer's representative in all matters pertaining to the Plan. The Developer’s Consulting Engineer shall be employed by the Developer to: (a) design all Services; (b) prepare and furnish all drawings, plans, specifications, reports and certificates as required by the Town Engineer, or pursuant to this Agreement, at any time and from time to time; (c) obtain all approvals required from all other governmental authorities or agencies; (d) provide the field layout, the contract administration and Resident Supervision and inspection of the construction of all Services; (e) maintain all records of construction and upon completion, advise the Town Engineer of all construction changes and final measurements; (f) provide the Town with “as constructed” drawings from time to time upon completion of the construction of the Services; (g) act as the Developer’s representative in all matters pertaining to the construction of the Services; (h) carry out contract administration whenever a contractor is undertaking work on the Services; and (i) perform such additional functions and services as may be required pursuant to this Agreement. 2.5.2 In the event of any negligence by the Developer’s Consulting Engineer, including any negligence in estimating the cost of the Services to be constructed under this Agreement for the purposes of providing Securities therefore, the Developer shall assign any rights it may have to claim against the Developer’s Consulting Engineer for such negligence, at the request of the Town. 2.5.3 The Developer shall provide the Town Engineer with a copy of the contract between the Developer’s Consulting Engineer (and all other subcontractors) and the Developer, provided that fee quotes and arrangements may be redacted therefrom. 2.5.4 The Developer shall provide a copy of this Section and the Agreement in its entirety to the Developer’s Consulting Engineer prior to the Developer’s Consulting Engineer commencing any of the Services and shall obtain a written acknowledgement in the format attached as Schedule “L”, from the Developer’s Consulting Engineer. The Developer shall ensure that a copy of this executed acknowledgement is provided to the Town prior to the commencement of any of the Services. 2.5.5 The Developer shall not replace the Developer’s Consulting Engineer except with another engineering firm approved by the Town which approval shall not be arbitrarily or unreasonably withheld. In the event the Developer’s Consulting Engineer fails to provide services in accordance with the contract with the Developer as herein provided, or in accordance with the terms of this Agreement, or should the Developer’s Consulting Engineer withdraw his services for the Developer, such failure or withdrawal shall be deemed to be a default pursuant to this Agreement.

DEVELOPER'S CONSULTING ENGINEER. 2.5.1 The Developer’s Consulting Engineer acts as the Developer's ’s representative in all land development engineering matters pertaining to the Plan. The Developer’s Consulting Engineer shall be employed by the Developer to: (a) design all ServicesWorks; (b) prepare and furnish all drawings, plans, specifications, reports and certificates as required by the Town Township Engineer, or pursuant to this Agreement, at any time and from time to time; (c) obtain all approvals required from all other governmental authorities or agencies; (d) confirm the field layout and provide the field layoutcontract administration, the contract administration and Resident Supervision Services and inspection of the construction of all ServicesWorks; (e) maintain all records of construction and provide daily inspection reports to the Township, and upon completion, advise the Town Township Engineer of all construction changes and/or deviations to the Township Standards and provide final measurementsmeasurements upon completion of the construction of the Works; (f) provide the Town Township with “as constructed” drawings from time to time upon completion of the construction of the ServicesWorks; (g) act as the Developer’s representative in all matters pertaining to the construction of the ServicesWorks; (h) carry out contract administration whenever a contractor is undertaking work on the ServicesWorks; and (i) perform such additional functions and services as may be required pursuant to this Agreement. 2.5.2 In the event of any negligence by the Developer’s Consulting Engineer, including any negligence in estimating the cost of the Services Works to be constructed under this Agreement for the purposes of providing Securities therefore, the Developer shall assign any rights it may have to claim against the Developer’s Consulting Engineer for such negligence, at the request of the TownTownship. 2.5.3 The Developer shall provide the Town Township Engineer with a copy the names of the contract between the Developer’s Consulting Engineer (and all other subcontractors) and the Developer, provided that fee quotes and arrangements may be redacted therefrom. 2.5.4 The Developer shall provide a copy of this Section section and the Agreement in its entirety to the Developer’s Consulting Engineer prior to the Developer’s Consulting Engineer commencing any of the Services Works and shall obtain a written acknowledgement in the format attached as Schedule “L”, acknowledgment from the Developer’s Consulting Engineer. The , the Developer shall ensure that a copy of this the executed acknowledgement Acknowledgement is provided to the Town Township prior to the commencement of any of the ServicesWorks. 2.5.5 The Developer shall not replace the Developer’s Consulting Engineer except with another engineering firm approved by the Town which approval shall not be arbitrarily or unreasonably withheldTownship. In the event the Developer’s Consulting Engineer fails to provide services in accordance with the contract with the Developer as herein provided, or in accordance with the terms of this Agreement, or should the Developer’s Consulting Engineer withdraw his services for the Developer, such failure or withdrawal shall be deemed to be a default pursuant to this Agreement.