Developer’s Responsibilities. In accordance with the requirements of Schedule 4 (Interconnection), Developer shall design, construct, install, commission, operate and maintain the Interconnection Facilities, and any parts thereof, in accordance with the terms of this Agreement. Developer shall design, construct, install, commission, own, operate and maintain all auxiliary and interconnecting equipment on the Developer's side of the Interconnection Point, provided that Utility shall have the right to view such equipment and to object to the use of any equipment if, in the reasonable opinion of Utility, the use of such equipment would adversely affect Utility's grid or system. Developer's Interconnection Facilities shall be connected to Utility's Grid by means of suitable switchgear and protective devices.
Developer’s Responsibilities. In conducting any Site Inspections of the Property, Developer shall (and shall cause Developer's Representatives to): (i) conduct all Site Inspections in a manner intended to not damage any part of the Property or any personal property owned or held by any third party; (ii) not injure or otherwise cause bodily harm to the Commission, or its respective agents, guests, invitees, licensees, contractors, employees, or any tenants (if applicable) or their guests or invitees; (iii) comply with all applicable laws; (iv) promptly pay when due the costs of all Site Inspections done with regard to the Property; (v) not permit any liens to attach to the Property or any portion thereof by reason of the exercise of its rights hereunder; (vi) promptly and diligently repair any damage to the Property and restore any areas disturbed resulting directly or indirectly from any Site Inspections substantially to their condition prior to the performance of such Site Inspections (unless Developer purchases the Property pursuant to the terms of this Agreement); and (vii) not reveal or disclose prior to Closing any information obtained during the Due Diligence Period concerning the Property or the Property Documents (hereinafter defined) to anyone except as may be otherwise required by law or which is a matter of public record without the prior written consent of the Commission. Notwithstanding anything to the contrary contained herein, Developer may disclose any such information to partners, directors, officers and employees of Developer, Developer's Representatives and/or the Special Purpose Entity, Developer's lenders, investors and financial advisors and to such parties' outside counsel and accounting firms, who, in Developer's reasonable judgment, need to know such information for the purpose of evaluating the possible purchase of the Property by Developer.
Developer’s Responsibilities. 1. Developer shall be responsible for the all-inclusive management, insurance, and costs of all capital, lease agreements, janitorial services and the maintenance of electrical; heating, ventilation, and air-conditioning (HVAC); plumbing; telephone systems; fax machines; copiers; computer systems; and equipment, including any maintenance contracts, costs of supplies (paper for printers/copier/fax machines, ink cartridges, etc.), utilities, consumables (paper towels, pens, pencils, tape, etc.), and incidentals described elsewhere in this special provision to permit the efficient and uninterrupted operation of the Project Office. All facilities and build-outs/fitouts shall be constructed and maintained in accordance with federal, state and local building codes.
2. Developer shall provide security of the Project Office, including protection of the building or space within a building against theft, 24 hours per day and shall take responsibility for loss of property of IFA or personal property of employees of IFA housed therein, due to fire, theft, or related causes, except that Developer is not responsible for non-job-related personal property. Protection shall include a continually monitored security and alarm system.
3. In addition to the responsibility to maintain all internal office spaces and equipment, Developer shall be responsible for (either directly or through a building manager, depending on facility arrangements) the maintenance of the immediate grounds and landscaping and the removal of snow and ice, including the supply and application of deicing or ice-melting agents, from parking areas and walks in a timely manner to ensure safe passage to and from the Project Office.
Developer’s Responsibilities. In addition to its obligations elsewhere expressed in this Agreement, Developer shall have the following responsibilities:
(a) To obtain and pay for necessary building permits and the Certificate of Occupancy;
(b) To pay for all labor and material required to develop, construct and furnish the Project in accordance with the Final Plans (except as otherwise expressly set forth herein) and to pay for the Personal Property to be provided;
(c) Developer shall at all times, commencing with the date upon which construction begins, carry the following types of insurance with an insurance carrier or carriers acceptable to Owner's lender:
(i) Worker's compensation insurance fully covering all persons engaged in the performance of this Agreement, in accordance with applicable law.
(ii) Public liability insurance covering death or bodily injury with limits of not less than $300,000 for one person and $1,000,000 for any one accident or disaster; and property damage coverage limits of not less than $100,000; all of which insurance shall name Owner's lender as an additional insured.
Developer’s Responsibilities. Developer shall: (i) use all commercially reasonable efforts and diligence to coordinate, supervise and facilitate such services as may be necessary to implement the pre-development, development, design, construction and completion of the Developer Work and Base Building Work in accordance with this Agreement, the Plans, the Budget and the Schedule, and (ii) provide consultation, advice and assistance to the Coach Member concerning all matters with respect to the development of the Project and the performance of the Coach Finish Work. Developer shall supply the personnel necessary to perform its responsibilities under this Agreement, and all such persons shall be employees of Developer or an Affiliate of Developer and shall not be, or be deemed to be, employees of the Coach Member or the Building C JV or any of its direct or indirect subsidiaries. Developer’s obligations under this Agreement shall include, but shall not be limited to, the following:
(a) Developer shall, as agent for Legacy Tenant: (i) employ or continue to employ the Executive Construction Manager pursuant to the Executive Construction Management Agreement; (ii) employ or continue to employ the Project Architect pursuant to the Project Architect Agreement; (iii) cause the Executive Construction Manager, as agent for Developer, to employ or continue to employ the Construction Manager pursuant to the Construction Management Agreement; (iv) cause the Executive Construction Manager, as agent for Developer, to employ or continue to employ the Existing Consultants/Contractors pursuant to their respective applicable agreements; and (v) enforce, and cause Executive Construction Manager to enforce, its respective rights and remedies (as appropriate) under any such agreements, to the extent commercially reasonable to do so;
(b) Developer, as agent for Legacy Tenant, shall or shall cause Executive Construction Manager as agent for Developer to (i) retain such additional Persons (in addition to the Existing Consultants/Contractors), and (ii) subject to the applicable terms and conditions of this Agreement, make such purchases of materials, equipment and supplies, as shall be necessary or appropriate to design, construct and complete the Developer Work and to achieve Final Completion, and (iii) enforce its (or their) rights and remedies (as appropriate) under any agreements with any such Persons, to the extent commercially reasonable to do so;
Developer’s Responsibilities. 6.1 Developer will use Developer's best efforts to create the Linux IA-64 Port, as described in the attached Exhibit "C" (Project Plan). Intel will accept or reject the Linux IA-64 Port pursuant to the acceptance criteria set forth in the Project Plan. If Intel (i) rejects the Linux IA-64 Port or any portion thereof for any deficiency from the acceptance criteria (a "Deficiency"); (ii) believes that Developer is falling behind the project milestone schedule set forth in Exhibit "C"; or (iii) otherwise may be unable to meet the Project Plan, Developer will confer with Intel within five business days of a request by Intel, regarding what steps, if any, are needed to remedy the Deficiency, comply with the schedule or the Project Plan, and Developer and Intel will agree upon a plan to remedy such Deficiency, schedule problem or performance problem (a "Deficiency Plan"), including a schedule for implementing each such plan. Developer's shall use Developer's best efforts to implement each such plan and will provide Intel with weekly, written progress reports regarding Developer's compliance with each such plan.
Developer’s Responsibilities. Prior to commencement of and during construction of the Course, in order to comply with this Section 21.4 (Construction Worker Requirements), it is Developer’s responsibility to: A Contact the City’s Contact Management Department (CMD) and obtain the current prevailing wage rates in effect for Building Construction Type (BC) and Heavy Highway Construction (HH) for the construction workers performing work on the particular scope of work to be completed for all or part of the Course; B Maintain certified weekly payrolls on-site for every contractor and subcontractor performing work on the project. Certified weekly payrolls must contain the name, address and occupation of each worker employed by the Developer, its contractor or subcontractor, and the actual per diem wages paid to each worker; C Employee Certification. Developer and its contractor or subcontractor shall identify in writing the classification agreed to by each worker, and pay no less than the specified wage rate or Living Wage. A form designating the worker’s classification and wage rate shall be signed by each worker, and if work performed by the worker is different than the rate or trade classification agreed upon, the worker shall be paid for the work completed no less than the minimum prevailing wage rate for that specified trade or $11.39 per hour, whichever is higher. D Payroll Deduction Authorization Form. Developer or its contractor or subcontractor shall prepare for each worker’s signature a payroll deduction authorization form identifying all payroll deductions excluding those required by law, such as federal income taxes, Medicare and Social Security. E A statement of Compliance shall be signed and dated by the party responsible for supervising the payment of persons employed or contracted by Developer, contractor or subcontractor, and identify the name of the signatory party and title, name of project, payroll period and name of contractor or subcontractor. The statement shall attest that the payroll complies with the terms of this agreement and 29 CFR issued by the Secretary of Labor. F Provide a single point of contact responsible for monitoring and enforcing the Developer’s construction process. G Erect and maintain a wage rate postings board in English and Spanish (form posting available from the City) displaying the wage rate per worker classification that may be working on the site, placed in a conspicuous place at the Course site accessible for all workers to view. H Coordina...
Developer’s Responsibilities. Without limiting any other provision of this Agreement, during the period of negotiations hereunder, DEVELOPER, at its sole cost and expense, shall prepare and submit the following documents and perform the following acts all in furtherance of the negotiation process:
(a) All documents and other materials that NSD and all agencies having regulatory jurisdiction will require for planning and design approval for the Project. DEVELOPER shall meet with representatives of NSD to review and reach a clear understanding of the planning and design criteria required by these and other agencies.
(b) DEVELOPER shall, no later than 90 days before termination of the Negotiation Period, provide NSD with all documents reasonably necessary to determine the feasibility and details of the project.
Developer’s Responsibilities. At its sole cost and expense, Developer agrees to employ the Project Manager, enter into a contract for the design of the Project on, over, across and under ACHD Right-of-Way at the locations set forth in the ACHD Requirements, and obtain the Traffic Signal Hardware from ACHD and, as agent for ACHD, enter into a contract for the construction and installation of the Project in accordance with the Section 4 of this Agreement and designs approved by ACHD, in writing.
Developer’s Responsibilities. Developer agrees to designDeveloper’s Responsibilities. Developer agrees to design and develop the Website in accordance with (a) the specifications which are set forth on the attached Schedule A to this Agreement, and the other instructions and materials provided by Owner from time-to- during the terms of this Agreement (the “Specifications”), and (b) the development schedule set forth on the attached Schedule B to this Agreement (the “Development Schedule”).
