General Obligations of Developer. In addition to performing all other requirements of the CDA Documents, Developer shall: 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 Project and maintain it during construction, so as to achieve Service Commencement and Final Acceptance by the applicable Milestone Deadlines; 7.1.2 At all times provide a Project 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 who will appoint a designee approved by TxDOT who 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 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 Project 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 Project 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.
Appears in 6 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
General Obligations of Developer. In Developer, in addition to performing all other requirements of the CDA Documents, Developer shall:
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 Project 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 Project 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 who will appoint a its approved designee approved by TxDOT who 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 (4242 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 Project 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 Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re- re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
Appears in 3 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement, Comprehensive Development Agreement
General Obligations of Developer. In Developer, in addition to performing all other requirements of the CDA Documents, Developer shall:
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 Project 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 Project 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 who will appoint a its designee approved by TxDOT who 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 (other than NTTA) comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (4242 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 Project 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 Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re- re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
General Obligations of Developer. In Developer, in addition to performing all other requirements of the CDA Documents, Developer shall:
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 Project 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 Project 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 who will appoint a its designee approved by TxDOT who 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;at
7.1.3 Comply with, and require that all Contractors (other than NTTA) comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (4242 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 Project 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 Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re- re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
Appears in 2 contracts
Samples: Comprehensive Development Agreement, Comprehensive Development Agreement
General Obligations of Developer. In Developer, in addition to performing all other requirements of the CDA Documents, Developer shall:
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 Project 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 Project 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 who will appoint a its approved designee approved by TxDOT who 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 (other than NTTA) comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (4242 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 Project 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 Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re- re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
Appears in 1 contract
Samples: Comprehensive Development Agreement
General Obligations of Developer. In Developer, in addition to performing all other requirements of the CDA Documents, Developer shall:
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 Project 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 Project 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 who will appoint a its designee approved by TxDOT who 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 (other than NTTA) comply with, all requirements of all applicable Laws, including Environmental Laws and the Americans with Disabilities Act of 1990 (4242 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 Project 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 Project and mitigate damages due to delay in all circumstances, to the extent possible, including by re- re-sequencing, reallocating, or redeploying Developer’s and its Contractors’ forces to other work, as appropriate.
Appears in 1 contract
Samples: Comprehensive Development Agreement