Common use of Engineering and Design Clause in Contracts

Engineering and Design. Contractor shall provide all engineering and design services necessary for completion of the Project in conformity with this Agreement, including but not limited to (a) preparation of (i) the Project Design Book which shall form the basis of the design of the Project, (ii) conceptual design, and (iii) engineering and design necessary to describe and detail the Project and to optimize the Project heat balance, (b) provision of criteria for the detailed design by suppliers of equipment, materials and systems for incorporation into the Project, and (c) preparation of drawings, plans, bills of material, schedules and estimates. Contractor shall comply with the Electrical Interconnection Requirements and cooperate with the engineering efforts and otherwise accommodate the interface requirements of the Utility, the Fuel Supplier, all federal, state and local agencies, and all utilities serving the Project that are consistent with Prudent Utility Practices; provided, however, that in the event that such accommodation would require Contractor to perform studies or other tasks that are a material addition to the Services otherwise provided for in this Agreement, Contractor shall not be required to perform such material additional work hereunder unless a Scope Change Order has been issued by Owner with respect thereto in accordance with Article 12 hereof. Upon Owner's request, Contractor shall use all reasonable efforts to provide Owner and, at Owner's request, the Independent Engineer and the Utility with reasonable access to meetings between Contractor and its architects, engineers or Subcontractors regarding the construction of the Project (except to the extent such meetings involve contractual matters that do not substantially affect or relate to the performance of the Services hereunder), provided such access does not materially interfere with the progress of Contractor's work hereunder. Contractor agrees to timely provide Owner and, at Owner's request, the Independent Engineer and the Utility with such documents and other information as are reasonably necessary for the Independent Engineer and the Utility to review and evaluate the design of the Project. Without limitation to the foregoing, Contractor agrees to submit to Owner and the Utility the design for the Electrical Interconnection Facilities (or any addition, modification or replacement thereto) in a timely manner in accordance with Section 2.1.8.1 hereof so as to enable Owner to obtain the Utility's approval thereof in accordance with the requirements of

Engineering and Design. Contractor acknowledges and agrees that the Scope of Work sets forth Owner’s minimum design requirements for the Facility and the separate components, systems, items of Equipment, processes, and other portions of the Work. Except as explicitly excluded, Contractor shall at its own expense design and provide engineering services with respect to the Facility in a manner that shall be: (1) consistent with the actual conditions existing at the Site; (2) consistent with the requirements set forth in the Scope of Work; (3) consistent with the requirements of the Solar Lease, the Power Purchase Agreement and the Interconnection Agreement; (4) sufficient, complete and adequate in all respects necessary to enable the Facility (A) to satisfy the requirements of Substantial Completion by the Guaranteed Substantial Completion Date and (B) to satisfy the requirements of all applicable Permits; and (5) in conformance with applicable Legal Requirements and Prudent Industry Standards. Contractor shall provide all design and engineering and design services necessary drawings to Owner for completion of its review. Owner shall have the Project in conformity with this Agreementright, including but not limited the obligation, to review all design and engineering drawings, ask related questions and provide comments and shall do so within five (a5) preparation Business Days of receipt. Contractor shall consider, but shall have no obligation to accept, Owner’s comments; provided however, that (i) Owner may direct Contractor to make such changes to the Project Design Book which shall form the basis design and engineering of the design of the Project, Facility as Owner reasonably believes are necessary by issuing a Change Order and (ii) conceptual designContractor shall address any comments which demonstrate that such drawings are not in compliance with the requirements of this Agreement. Unless required to comply with applicable Legal Requirements or Prudent Industry Standards, and (iii) engineering and design necessary Contractor shall be entitled to describe and detail an adjustment in the Contract Price, the Project and to optimize the Project heat balanceSchedule, (b) provision or both of criteria for the detailed design by suppliers of equipmentthem, materials and systems for incorporation into the Project, and (c) preparation of drawings, plans, bills of material, schedules and estimates. Contractor shall comply with the Electrical Interconnection Requirements and cooperate with the engineering efforts and otherwise accommodate the interface requirements of the Utility, the Fuel Supplier, all federal, state and local agencies, and all utilities serving the Project that are consistent with Prudent Utility Practices; provided, however, that in the event that such accommodation would require Contractor to perform studies or other tasks that are a material addition the original design conformed to the Services otherwise Scope of Work and the change directed by Owner increases the cost of the Work or Contractor’s time of performance or both. No such review or requested changes shall impose any liability on Owner (other than to make payment in accordance with any applicable Change Order) or relieve Contractor of any of its ultimate responsibility for the design, engineering and performance of the Facility as provided for in this Agreement, Contractor shall not be required to perform such material additional work hereunder unless a Scope Change Order has been issued by Owner with respect thereto in accordance with Article 12 hereof. Upon Owner's request, Contractor shall use all reasonable efforts to provide Owner and, at Owner's request, the Independent Engineer and the Utility with reasonable access to meetings between Contractor and its architects, engineers or Subcontractors regarding the construction of the Project (except to the extent such meetings involve contractual matters that do not substantially affect or relate to the performance of the Services hereunder), provided such access does not materially interfere with the progress of Contractor's work hereunder. Contractor agrees to timely provide Owner and, at Owner's request, the Independent Engineer and the Utility with such documents and other information as are reasonably necessary for the Independent Engineer and the Utility to review and evaluate the design of the Project. Without limitation to the foregoing, Contractor agrees to submit to Owner and the Utility the design for the Electrical Interconnection Facilities (or any addition, modification or replacement thereto) in a timely manner in accordance with Section 2.1.8.1 hereof so as to enable Owner to obtain the Utility's approval thereof in accordance with the requirements of.

Engineering and Design. Contractor shall provide all engineering and design services necessary for completion of the Project in conformity with this Agreement, including but not limited to (a) preparation of (i) the Project Design Book which shall form the basis of the design of the Project, (ii) conceptual design, and (iii) engineering and design necessary to describe and detail the Project and to optimize the Project heat balancebalance consistent with the Performance Guarantees, (b) provision of criteria for the detailed design by suppliers of equipment, materials and systems for incorporation into the Project, and (c) preparation of drawings, plans, bills of material, schedules and estimates. Contractor shall comply with the Electrical Interconnection Requirements and cooperate with the engineering efforts and otherwise accommodate the interface requirements of the Transmitting Utility, the Fuel Supplier, all federal, state and local agencies, and all utilities serving the Project that are consistent with Prudent Utility PracticesProject; providedPROVIDED, howeverHOWEVER, that in the event that such accommodation interface requirements would require Contractor to perform studies or other tasks that are would not reasonably be expected to be required by Prudent Utility Practices and would be a material addition or change to the Services otherwise provided for in contemplated by this Agreement, Contractor shall not be required to perform such material additional work hereunder unless a Scope Change Order has been issued by Owner with respect thereto in accordance with Article 12 hereof. Upon Owner's request, Contractor shall use all reasonable efforts to provide Owner (and, at Owner's request, the Independent Engineer Engineer, the Power Purchaser and the Utility Transmitting Utility) with reasonable access to meetings between Contractor and its architects, engineers or Subcontractors regarding the construction of the Project (except in the event and only to the extent such meetings involve commercial, contractual or proprietary matters that do not substantially affect or relate to the performance of the Services hereunder), provided such access does not materially interfere with the progress of Contractor's work hereunder. Contractor agrees to timely provide Owner (and, at Owner's request, the Independent Engineer Engineer, the Power Purchaser and the Utility Transmitting Utility) with such documents and other information as are reasonably necessary for requested by Owner in order to enable Owner (and, if applicable, the Independent Engineer Engineer, the Power Purchaser and the Utility Transmitting Utility) to review and evaluate the design of the Project. Without limitation to the foregoing, Contractor agrees to submit to Owner and (and, at Owner's request, the Utility Transmitting Utility) the design for the Electrical Interconnection Facilities (or any addition, modification or replacement thereto) in a timely manner in accordance with Section 2.1.8.1 hereof so as to enable Owner to obtain the Utility's approval thereof hereof. Contractor shall review and be fully responsible for all engineering and design services even if Subcontractors are utilized by Contractor in accordance connection with the requirements ofengineering and design of portions of the Project.