Development of the Facility. 7.1 General Obligations of Developer
7.1.1 Furnish all design and other services, provide all materials, equipment and labor and undertake all efforts necessary or appropriate (excluding only those materials, services and efforts which the CDA Documents expressly specify will be undertaken by TxDOT or other Persons) to construct the Facility and maintain it during construction, so as to achieve Service Commencement and Final Acceptance by the applicable Milestone Schedule Deadlines;
7.1.2 At all times provide a Facility Manager approved by TxDOT who (a) will have full responsibility for the prosecution of the Work, including Design Work, Construction Work and O&M Work, (b) will act as agent and be a single point of contact in all matters on behalf of Developer, (c) will be present (or his/her designee approved by TxDOT will be present) at the Site at all times that Design Work or Construction Work is performed, and (d) will be available to respond to the Independent Engineer, TxDOT or its Authorized Representatives;
7.1.3 Comply with, and require that all Contractors comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as amended;
7.1.4 Cooperate with TxDOT, the Independent Engineer, and Governmental Entities with jurisdiction in all matters relating to the Work, including Design Work, Construction Work and O&M Work, including their review, inspection and oversight of the design, construction, operations and maintenance of the Facility and the design and construction of the Utility Adjustments; and
7.1.5 Use commercially reasonable efforts to mitigate delay to design and construction of the Facility and mitigate damages due to delay in all circumstances, to the extent possible, including by re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
7.2 Performance, Design and Construction Standards; Deviations
7.2.1 Developer shall furnish all aspects of the Design Work and all Design Documents, including design required in connection with the operation and maintenance of the Facility, Renewal Work or Upgrades, and shall construct the Facility and/or Utility Adjustments included in the Construction Work as designed, free from Defects, and in accordance with (a) Good Industry Practice, (b) the requirements, terms and conditions set forth in the CDA Documents (including the Technical Provisions and...
Development of the Facility. 28 Section 3.1
Development of the Facility a) The Seller shall perform, or cause to be performed, all activities necessary to complete the design, construction and commissioning of the Generating Facility, at the Site by the Final In-Service Date. The Seller shall ensure that the Generating Facility is designed and constructed to operate in accordance with the requirements of this Agreement from the Commercial Operation Date until expiry of the Term.
b) Before the Commercial Operation Date, the Seller may modify the design ofthe Generating Facility from the design proposed in its response to the request for proposals under Section 4B of the Electricity Act (Nova Scotia) if the modification does not result, either directly or indirectly, in a failure to maintain the requirements for a procurement administrator to award a contract under Section 37C of the Renewable Electricity Regulations (Nova Scotia), change the Site, increase the Energy Rate, or increase or be reasonably expected to increase the Annual Net Output. Any modification of the design of the Generating Facility requires written notice to the Utility. Provided that such modification is in accordance with the provisions of this Section 2(b), the notice provided by the Seller shall be deemed to be incorporated into this Agreement as part of Schedule “C” - Project Description.
c) The Seller shall perform its obligations under Section 2(a), or cause them to be performed, using Good Utility Practice and in compliance with the Laws and Regulations and all applicable provisions of this Agreement (including the Project Description). Without limiting the foregoing, the Seller shall obtain and maintain, or cause to be obtained and maintained, all relevant Permits required for the design, development, construction, interconnection, commissioning and operation of the Project and shall ensure that all requirements for notifications and inspections under the Electrical Installation and Inspection Act (Nova Scotia) and Electrical Code Regulations (Nova Scotia) are fulfilled.
d) The Seller shall not make any material modification to the Generating Facility on or after the Commercial Operation Date without the prior written consent of the Utility in its sole discretion. For clarity, modifications which occur because of regular Generating Facility repair and maintenance that do not change the Aggregate Name Plate Capacity or increase Energy production beyond 110 percent ofthe Annual Net Output, would not be considered material. Any modification affecting t...
Development of the Facility. (a) Subject to the limitations set forth in the Facility Agreements, the City will use it best efforts to develop, acquire, construct, finance and operate the Facility at the lowest possible cost consistent with other objectives. The City will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
(b) The City may, in its sole discretion, determine that (i) key approvals or permits for the Facility cannot be obtained on a timely basis or that the City cannot otherwise meet its obligations hereunder or under the Power Purchase Agreement, or (ii) proceeding with the development, acquisition and construction of the Facility will result in unacceptable risk to the City. In such case if the City decides not to develop the Facility, then the City shall exercise its option to terminate the Power Purchase Agreement pursuant to Section 4.02(a) thereof.
Development of the Facility. (a) Subject to the limitations set forth in, and in accordance with, the Facility Agreements, the City will use it best efforts to develop, acquire, construct, finance and operate the Facility The City will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
Development of the Facility. (a) Subject to the limitations set forth in, and in accordance with, the Facility Agreements, the District will use it best efforts to develop, acquire, construct, finance and operate the Facility. The District will use its best efforts to meet the milestone schedule set forth in the Power Purchase Agreement.
Development of the Facility. 22 Section 3.1 In General 22 Section 3.2 Certification of Commercial Operation Dates 23 Section 3.3 Other Information 24 Section 3.4 Milestone Schedule 24 Section 3.5 Performance Damages 24 Section 3.6 Milestone Extensions 25 Section 3.7 Obtain CEC Certification 26 Section 3.8 Decommissioning and Other Costs 26 ARTICLE IV OPERATION AND MAINTENANCE OF THE FACILITY 26 Section 4.1 Compliance with Electrical Service Requirements 26 Section 4.2 General Operational Requirements 26 Section 4.3 Operation and Maintenance Plan 26 Section 4.4 Environmental Credits 27 Section 4.5 Scheduling of Energy and Scheduled Outages 27 Section 4.6 Curtailment 29
Development of the Facility. Design and Permitting. Seller shall determine the proposed location, design, configuration and capacities of the Facility as it deems appropriate, subject only to the requirements of this Agreement and all applicable Requirements of Law. Seller, at its expense, shall timely take all steps necessary to obtain all Permits required to construct, maintain or operate the Facility and for the production, sale and delivery of Energy and Environmental Attributes in accordance with the requirements of this Agreement and all applicable Requirements of Law. Seller shall represent the Facility as necessary in all meetings with and proceedings before all Governmental Authorities.
Development of the Facility. The Concessionaire shall undertake at its expense the development and upgradation of the Facility, in accordance with terms of Clearances, Technical Requirements and the terms and conditions of this Agreement, or where not so specified, in accordance with Good Industry Practices.
Development of the Facility
