Developer’s General Responsibilities. Subject to the terms of this Agreement, Developer shall be responsible for coordinating and causing all Utility Adjustments necessary in order to comply with its obligations under the Project Documents. Developer shall ensure that all Utility Adjustments, whether performed by Developer or a Utility Owner, comply with the Project Documents and applicable Utility Adjustment Agreement.
Developer’s General Responsibilities. 4.5.1.1 Developer shall be responsible for coordinating and causing all Utility Adjustments necessary for the timely construction, operation and maintenance of the Project in accordance with the Contract Documents. Developer shall ensure that all Utility Adjustments, whether performed by Developer or a Utility
4.5.1.2 If a Utility Owner performs all or any part of the Utility Adjustment, Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to enable such Utility Owner to perform such work timely, in coordination with the Work, and in compliance with the Contract Documents and applicable Utility Agreement.
4.5.1.3 The Department will endeavor to cooperate with Developer with respect to Developer’s contractual obligations for coordinating with Utility Owners. Notwithstanding the foregoing, Developer shall be solely responsible for performing its obligations under the Contract Documents related to the Utility Adjustment Work and such cooperation or failure to cooperate by the Department shall not relieve Developer from fulfilling such obligations.
Developer’s General Responsibilities. 4.10.1.1 Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Hazardous Materials or Undesirable Materials encountered in performing the Work, including contaminated soil and groundwater, in accordance with applicable Law, Governmental Approvals, and all
4.10.1.2 Except as set forth in Sections 4.10.2 and 4.10.3, Developer shall not be entitled to submit a claim for any Extra Work Costs, Delay Costs, time extensions or other relief associated with discovering, encountering, managing, treating, handling, storing, remediating, removing, transporting or disposing of Hazardous Materials or Undesirable Materials, including contaminated soil and groundwater.
Developer’s General Responsibilities.
4.10.1.1 Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Hazardous Materials or Undesirable Materials encountered in performing the Work, including contaminated soil and groundwater, in accordance with applicable Law, Governmental Approvals, and all applicable provisions of the Contract Documents. If during the course of the Work, a Release of Hazardous Materials occurs or Developer otherwise encounters Hazardous Materials or Undesirable Materials, Developer shall follow the procedures and perform the activities as set forth in the Contract Documents.
4.10.1.2 Except as set forth in Sections 4.10.2 and 4.10.3, Developer shall not be entitled to submit a claim for any Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions or other relief associated with discovering, encountering, managing, treating, handling, storing, remediating, removing, transporting or disposing of Hazardous Materials or Undesirable Materials, including contaminated soil and groundwater.
Developer’s General Responsibilities. 4.5.1.1 Developer shall be responsible for coordinating and causing all
4.5.1.2 If a Utility Owner performs all or any part of the Utility Adjustment, Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to enable such Utility Owner to perform such work timely, in coordination with the Work, and in compliance with the Contract Documents and applicable Utility Agreement.
4.5.1.3 The Department will endeavor to cooperate with Developer with respect to Developer’s contractual obligations for coordinating with Utility Owners. Notwithstanding the foregoing, Developer shall be solely responsible for performing its obligations under the Contract Documents related to Utility Adjustment Work and such cooperation or failure to cooperate by the Department shall not relieve Developer from fulfilling such obligations.
Developer’s General Responsibilities. Developer shall:
7.4.1.1 coordinate, facilitate and cause all Utility Adjustments necessary:
(a) to accommodate the Project in accordance with the Project Schedule; and
(b) in order to comply with its obligations under this Project Agreement, including TP Section 7 (Utility Adjustments);
7.4.1.2 [Reserved.]
7.4.1.3 coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work in a timely manner, in coordination with the Work and in compliance with the standards of design and construction, Good Industry Practice, and other applicable requirements specified in this Project Agreement, under any applicable Law, any Governmental Approval, any applicable Utility MOU;
7.4.1.4 ensure that all Utility Adjustment Work that Developer performs complies with this Project Agreement, applicable Law, all Governmental Approvals, any applicable Utility MOU;
7.4.1.5 perform Utility Adjustment Work (and Betterments, as applicable) only with and through Contractors or Subcontractors that, where required (e.g., water and sewer work), are prequalified (and remain prequalified for the duration they are performing the Work) under the Manual of Instructions for Prequalification of Prospective Bidders, as and when required under the Technical Provisions. where a Utility Owner may require performance by a Utility-approved Contractor or Subcontractor, perform such Utility Adjustment Work (and Betterments, as applicable) only with and through such Utility-approved Contractor or Subcontractor, it being understood that as between Authority and Developer, Developer bears all of the risk of noncompliant, nonconforming, or non-performance of Utility Adjustment Work (and Betterments, as applicable);
7.4.1.6 use reasonable efforts to provide any assistance that GDOT or Authority reasonably requires to perform GDOT’s obligations under any Utility MOU;
7.4.1.7 perform its obligations under this Project Agreement in a manner that does not cause Authority or GDOT to breach (directly or indirectly) the provisions of any Utility MOU; and
7.4.1.8 comply with all requirements of Georgia 811 during performance of the
Developer’s General Responsibilities. 4.5.1.1 Developer shall be responsible for coordinating and causing all Utility Adjustments necessary for the timely construction, operation and maintenance of the Project in accordance with the Contract Documents. Developer shall ensure that all Utility Adjustments, whether performed by Developer or a Utility Owner, comply with the Contract Documents and applicable Utility Agreements. Except with respect to Xxxxxxxxx’s rights to claim a Relief Event for Utility Owner Delays pursuant to Section 4.5.7, Developer shall not be entitled to submit a claim for Extra Work Costs, Delay Costs, time or Completion Deadline extensions, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief related to the Utility Adjustment Work, inaccuracy of the Utility Information, or Utilities located within or outside the Project Right of Way or otherwise impacted by, or having an impact on, the Project or the Work.
4.5.1.2 If a Utility Owner performs all or any part of the Utility Adjustment, Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to enable such Utility Owner to perform such work timely, in coordination with the Work, and in compliance with the Contract Documents and applicable Utility Agreement.
4.5.1.3 The Department will endeavor to cooperate with Developer with respect to Developer’s contractual obligations for coordinating with Utility Owners. Notwithstanding the foregoing, Developer shall be solely responsible for performing its obligations under the Contract Documents related to Utility Adjustment Work and such cooperation or failure to cooperate by the Department shall not relieve Developer from fulfilling such obligations.
Developer’s General Responsibilities. 5.13.1.1 Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Contaminated Materials or Undesirable Materials encountered in performing the Work, including contaminated soil and groundwater, in accordance with applicable Laws, Governmental Approvals, the Health and Safety Plan, the Environmental Management Plan, Good Industry Practice, and all applicable provisions of the Contract Documents, including Section I.9.2 of the Technical Requirements. Developer shall, without cost to the Owner, adopt design and construction techniques for the Project that, to the maximum extent possible in accordance with Good Industry Practice, avoid the need for Contaminated Materials Management. Without limiting the foregoing, if, during the course of the Work, a Release of Contaminated Materials occurs or Developer otherwise encounters Contaminated Materials or Undesirable Materials, Developer shall: (a) follow the procedures and perform the activities as set forth in the Contract Documents, the Health and Safety Plan and the Environmental Management Plan; (b) use Good Industry Practice, including design modifications and construction, operation, maintenance, and Contaminated Materials management techniques, to minimize costs of Contaminated Materials Management; and (c) in the case of any Release of Contaminated Materials from a third party vehicle operating or located within the Work Site or from such vehicle’s cargo, use diligent efforts to handle disposal of the Contaminated Materials in a manner that does not place Developer, any Developer- Related Entity or the Owner in the position of assuming generator or arranger liability. The Owner shall have exclusive decision-making authority regarding the selection of any destination facility to which Contaminated Materials (other than those for which Developer is responsible under Section 5.13.1.2) shall be transported.
5.13.1.2 As between Developer and the Owner, Developer shall be considered the sole generator and arranger for, and shall be solely responsible for all costs relating to: (a) Developer Release of Contaminated Materials; and (b) Contaminated Materials that migrate into, onto or under the Work Site where the source of such Contaminated Materials is Developer or any Developer-Related Entity. Except to the extent available for Compensation Events described in clauses (m) and (n) of the definition of Compensation Event (Type 1) or clause (b) of the definiti...
Developer’s General Responsibilities.
4.10.1.1 From and after issuance of NTP 2, Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Hazardous Materials or Undesirable Materials encountered in performing the Work, including contaminated soil and groundwater, in accordance with applicable Law, Governmental Approvals, and all applicable provisions of the Contract Documents. If during the course of the Work from and after issuance of NTP 2, a Release of Hazardous Materials occurs or Developer otherwise encounters Hazardous Materials or Undesirable Materials, Developer shall follow the procedures and perform the activities as set forth in the Contract Documents.
4.10.1.2 Except as set forth in Sections 4.10.2 and 4.10.3, Developer shall not be entitled to submit a claim for any Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions or other relief associated with discovering, encountering, managing, treating, handling, storing, remediating, removing, transporting or disposing of Hazardous Materials or Undesirable Materials, including contaminated soil and groundwater.
Developer’s General Responsibilities
