Developer's Responsibility. 8.1.1 It is understood and agreed that the City is not and could not be expected to oversee, supervise and/or direct the construction of all improvements contemplated hereunder. Neither is the City Engineer vested with the original design responsibility nor the means to formally survey elevations, capacity, structural integrity, type, adequacy or the locations of improvements at every stage of the construction process. The City Engineer is vested with the right of periodic inspections, final approval and stop work order as a measure of secondary or subsequent enforcement. The Developer now has and shall retain the responsibility to properly anticipate, survey, design and construct the development improvements and give full assurance that same shall not adversely affect the flow of surface water from or upon any property. In providing technical assistance, plan and design review, the City does not and shall not relieve the Developer from or accept any liability from the Developer. The Developer will provide his own Project Engineer whose duty shall be to design improvements that comply with all applicable Federal, State and local codes and ordinances.
Developer's Responsibility. Developer is responsible for causing, in accordance with the Facility Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Facility. When used in the CDA Documents with respect to Utilities, the phrase "accommodation of the Facility” or similar terminology refers to accommodation of the Facility in its initial configuration and in its Ultimate Configuration (including in those locations where only the initial configuration of the Facility is being constructed as part of the current phase), except as may be otherwise provided in Section 6.1 of the Technical Provisions. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 13, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Facility or be impacted by it (whether located within or outside the Facility Right of Way) are compatible with the Facility. TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Facility which require the easement holders to relocate at their own expense, subject, however, to any provisions of applicable Law affecting the easement holder’s payment obligations for Utility Adjustments.
Developer's Responsibility. Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Project. When used in the CDA Documents with respect to Utilities, the phrase "accommodation of the ...
Developer's Responsibility. Except for Type 1 Utility Adjustments as described in Section 15.1.2 of the Technical Provisions, Developer is responsible for causing, in accordance with the Project Schedule, all Utility Adjustments necessary to accommodate construction, operation, maintenance and/or use of the Project as located under the Final Design. All Utility Adjustment Work performed by Developer shall comply with the PPA Documents. Except for Type 1 Utility Adjustments, Developer shall coordinate, monitor and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the PPA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 15, and except for Type 1 Utility Adjustments, Developer shall continue to be the responsible party to IFA for timely performance of all Utility Adjustment Work so that upon completion of the Construction Work, all Utilities that might impact the Project (whether located within or outside the Project Right of Way) are compatible with the Project.
Developer's Responsibility. Without limiting TxDOT’s role or responsibilities set forth in this Article 12 and except as provided otherwise in Section 12.3, Developer shall manage, treat, handle, store, remediate, remove, transport (where applicable) and dispose of all Hazardous Materials and Recognized Environmental Conditions, including contaminated groundwater, in accordance with applicable Law, Governmental Approvals, the Hazardous Materials Management Plan, and all applicable provisions of the CDA Documents. If during the course of the Work, Developer encounters Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project Right of Way or Work, in an amount, type, quality or location that would require reporting or notification to any Governmental Entity or other Person or taking any preventive or remedial action, in each case under applicable Law, Governmental Approvals, the Hazardous Materials Management Plan or any applicable provision of the CDA Documents, Developer shall (a) promptly notify TxDOT and advise TxDOT of any obligation to notify State or federal agencies under applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. If during the Term TxDOT discovers Hazardous Materials or a Recognized Environmental Condition in connection with the Project, Project Right of Way or Work, TxDOT shall promptly notify Developer of such fact. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable or is required by applicable Law, Developer shall utilize appropriately trained Contractors or personnel to conduct the Hazardous Materials Management activities. Wherever feasible and consistent with applicable Law and Good Industry Practice, Developer shall not dispose of contaminated soil and groundwater off-site.
Developer's Responsibility. 10.1.1 To the extent any Project Right of Way is not already owned by the State and available for the Project, Developer shall undertake and complete the acquisition of Project Right of Way and Additional Properties in accordance with Section 7 of the Technical Provisions, the approved Right of Way Acquisition Plan and all applicable Laws relating to such acquisition, including the Uniform Act. Developer shall also be responsible for submitting the completed files in accordance with the closeout procedures as defined by TxDOT in Section 7.2.11
Developer's Responsibility. The Developer shall be ultimately responsible for the faithful performance of all terms, covenants and conditions of the Agreement, notwithstanding the Developer’s delegation to another of the actual performance of any term, covenant or conditions hereof. The Developer shall notify all contractors, subcontractors, or agents providing professional services of conditions and requirements of this agreement.
Developer's Responsibility. Developer shall not permit any -------------------------- liens to be enforced against Landlord's interests in and to the land comprising the Premises, nor against Developer's leasehold interest therein by reason of work, labor, services or materials supplied or claimed to have been supplied to Developer or anyone holding the Premises, or any part thereof, through or under Developer, and Developer agrees to indemnify Landlord against such liens.
Developer's Responsibility. Developer shall locate, configure, design, operate and maintain the termini, interchanges, entrances and exits of the Project so that the Project will be compatible and integrated with the location, configuration, design, operation and maintenance of, and provide a smooth, safe transition of traffic to and from, Related Transportation Facilities. The design and Right of Way Acquisition Plan for the Project shall include and provide for such compatibility, integration and transition. The design, construction, operation and maintenance of the Project shall satisfy all provisions of the Technical Provisions and Project Management Plan relating to compatibility, integration and transition with or at Related Transportation Facilities, including those concerning signage, signaling and User communications. Developer shall not block or restrict, partially or wholly, access to or from the Project from or to any Related Transportation Facility without the prior express consent of, and on such terms and conditions as may be specified by, TxDOT and the applicable local agency or other party, as the case may be. Developer shall cooperate and coordinate with TxDOT and any third party that owns, constructs, manages, operates or maintains a Related Transportation Facility with regard to the construction, maintenance and repair programs and schedules for the Project and the Related Transportation Facilities, in order to minimize disruption to the operation of the Project and the Related Transportation Facilities.
Developer's Responsibility. Developer is responsible for causing all Utility Adjustments necessary to accommodate construction, operation, maintenance and use of the Project. All Utility Adjustments undertaken to accommodate the Project in its interim configuration shall also accommodate the Ultimate Configuration. All Utility Adjustment Work performed by Developer shall comply with the CDA Documents. Developer shall coordinate, monitor, and otherwise undertake the necessary efforts to cause Utility Owners performing Utility Adjustment Work to perform such work timely, in coordination with the Work, and in compliance with the standards of design and construction and other applicable requirements specified in the CDA Documents. However, regardless of the arrangements made with the Utility Owners and except as otherwise provided in Article 27, Developer shall continue to be the responsible party to TxDOT for timely performance of all Utility Adjustment Work so that upon completion of the Work, all Utilities that might impact the Project or be impacted by it (whether located within or outside the Project Right of Way) are compatible with the Project. Subject to and in accordance with the Technical Provisions and any applicable Law affecting the easement holder’s payment obligations for Utility Adjustments, TxDOT shall provide to Developer the benefit of any provisions in recorded utility or other easements affecting the Project which require the easement holders to relocate at their own expense..
