Common use of General Obligations of the Developer Clause in Contracts

General Obligations of the Developer. ‌ (a) The Developer will furnish all design, construction and other services, provide all materials, equipment and labor to perform the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement. (b) Except as otherwise expressly provided in this Agreement, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data and other information set forth in Exhibit R (Known Pre-Existing Hazardous Substances) (provided, the Developer will be entitled to rely upon Exhibit R to establish whether a Pre-Existing Hazardous Substance is Known or Unknown and to determine the size and nature of the presence of such Hazardous Substance for purposes of Section 16.02), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, or endangered and threatened species, affecting the Project Right of Way or surrounding locations. The Developer acknowledges that such information is for the Developer’s reference only and has not been verified by the Department, and that the Developer will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project. (c) Except as otherwise expressly provided in this Agreement, the Developer will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including: (i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area; (ii) changes in surface topography; (iii) variations in subsurface moisture content; (iv) Utility facilities; (v) Hazardous Substances, including contaminated groundwater; (vi) any archeological, paleontological or cultural resources; and (vii) any species listed as threatened or endangered under Federal or Commonwealth endangered species Law. (d) The Developer will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except in the case of a Department-Caused Delay, the Department will not be liable for any delays, disruptions or damages caused by such contractors. (e) The Developer Representative and the Department Representative will be reasonably available to each other and will have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work. (f) The Developer’s Responsible Charge Engineer will be reasonably available to the Department and will have the necessary authority, expertise and experience required of the Responsible Charge Engineer. (g) Prior to and during the Construction Period, the Developer will provide information to the public concerning the Project, any Change Order or any other construction activities in accordance with the Technical Requirements. (h) The Developer will prepare and submit to the Department for its review and approval to confirm that the Project Development Plans are in accordance with the requirements and times set forth in the Technical Requirements. (i) The Developer will not enter into any agreement with any Governmental Authority with jurisdiction over any Governmental Approval, Utility Owner, railroad, property owner or other third party having regulatory jurisdiction over any aspect of the Project or the Work or having any property interest affected by the Project or the Work that in any way purports to obligate the Department, or states or implies that the Department has an obligation, to the third party to carry out any activity during or after the end of the Term, unless the Department otherwise approves the same in writing in its sole discretion. Except in the case of an agreement approved by the Department pursuant to the preceding sentence, the Developer has no power or authority to enter into any such agreement with a third party in the name or on behalf of the Department and the parties agree that any purported agreement to that effect will be null and void. (j) The Developer will be responsible for performing and completing all Work that the Developer is obligated to perform for or on behalf of third parties relating to the Project in accordance with its agreement with such third parties and subject to any dispute resolution with such third parties and without prejudicing the Developer’s rights under any such agreements.

General Obligations of the Developer. ‌ (a) The Developer will furnish all design, construction and other services, provide all materials, equipment and labor to perform the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement. (b) Except as otherwise expressly provided in this Agreement, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data and other information set forth in Exhibit R (Known Pre-Existing Hazardous Substances) (provided, the Developer will be entitled to rely upon Exhibit R to establish whether a Pre-Existing Hazardous Substance is Known or Unknown and to determine the size and nature of the presence of such Hazardous Substance for purposes of Section 16.02), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, or endangered and threatened species, affecting the Project Right of Way or surrounding locations. The Developer acknowledges that such information is for the Developer’s reference only and has not been verified by the Department, and that the Developer will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project. (c) Except as otherwise expressly provided in this Agreement, the Developer will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including: (i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area; (ii) changes in surface topography; (iii) variations in subsurface moisture content; (iv) Utility facilities; (v) Hazardous Substances, including contaminated groundwater; (vi) any archeological, paleontological or cultural resources; and (vii) any species listed as threatened or endangered under Federal or Commonwealth endangered species Law. (d) The Developer will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except in the case of a Department-Caused Delay, the Department will not be liable for any delays, disruptions or damages caused by such contractors. (e) The Developer Representative and the Department Representative will be reasonably available to each other and will have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work. (f) The Developer’s Responsible Charge Engineer will be reasonably available to the Department and will have the necessary authority, expertise and experience required of the Responsible Charge Engineer. (g) Prior to and during the Construction Period, the Developer will provide information to the public concerning the Project, any Change Order or any other construction activities in accordance with the Technical Requirements. (h) The Developer will prepare and submit to the Department for its review and approval to confirm that the Project Development Plans are in accordance with the requirements and times set forth in the Technical Requirements. (i) The Developer will not enter into any agreement with any Governmental Authority with jurisdiction over any Governmental Approval, Utility Owner, railroad, property owner or other third party having regulatory jurisdiction over any aspect of the Project or the Work or having any property interest affected by the Project or the Work that in any way purports to obligate the Department, or states or implies that the Department has an obligation, to the third party to carry out any activity during or after the end of the Term, unless the Department otherwise approves the same in writing in its sole discretion. Except in the case of an agreement approved by the Department pursuant to the preceding sentence, the Developer has no power or authority to enter into any such agreement with a third party in the name or on behalf of the Department and the parties agree that any purported agreement to that effect will be null and void. (j) The Developer will be responsible for performing and completing all Work that the Developer is obligated to perform for or on behalf of third parties relating to the Project in accordance with its agreement with such third parties and subject to any dispute resolution with such third parties and without prejudicing the Developer’s rights under any such agreements.

General Obligations of the Developer. ‌ (a) The Developer will furnish all design, construction and other services, provide all materials, equipment and labor to perform the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement. (b) Except as otherwise expressly provided in this Agreement, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data and other information set forth in Exhibit R (Known Pre-Existing Hazardous Substances) (provided, the Developer will be entitled to rely upon Exhibit R to establish whether a Pre-Existing Hazardous Substance is Known or Unknown and to determine the size and nature of the presence of such Hazardous Substance for purposes of Section 16.02), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, or endangered and threatened species, affecting the Project Right of Way or surrounding locations. The Developer acknowledges that such information is for the Developer’s reference only and has not been verified by the Department, and that the Developer will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project. (c) Except as otherwise expressly provided in this Agreement, the Developer will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including: (i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area; (ii) changes in surface topography; (iii) variations in subsurface moisture content; (iv) Utility facilities; (v) Hazardous Substances, including contaminated groundwater; (vi) any archeological, paleontological or cultural resources; and (vii) any species listed as threatened or endangered under Federal or Commonwealth endangered species Law. (d) The Developer will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except in the case of a Department-Caused Delay, the Department will not be liable for any delays, disruptions or damages caused by such contractors. (e) The Developer Representative and the Department Representative will be reasonably available to each other and will have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work. (f) The Developer’s Responsible Charge Engineer will be reasonably available to the Department and will have the necessary authority, expertise and experience required of the Responsible Charge Engineer. (g) Prior to and during the Construction Period, the Developer will provide information to the public concerning the Project, any Change Order or any other construction activities in accordance with the Technical Requirements. (h) The Developer will prepare and submit to the Department for its review and approval to confirm that the Project Development Plans are in accordance with the requirements and times set forth in the Technical Requirements. (i) The Developer will not enter into any agreement with any Governmental Authority with jurisdiction over any Governmental Approval, Utility Owner, railroad, property owner or other third party having regulatory jurisdiction over any aspect of the Project or the Work or having any property interest affected by the Project or the Work that in any way purports to obligate the Department, or states or implies that the Department has an obligation, to the third party to carry out any activity during or after the end of the Term, unless the Department otherwise approves the same in writing in its sole discretion. Except in the case of an agreement approved by the Department pursuant to the preceding sentence, the Developer has no power or authority to enter into any such agreement with a third party in the name or on behalf of the Department and the parties agree that any purported agreement to that effect will be null and void. (j) The Developer will be responsible for performing and completing all Work that the Developer is obligated to perform for or on behalf of third parties relating to the Project in accordance with its agreement with such third parties and subject to any dispute resolution with such third parties and without prejudicing the Developer’s rights under any such agreements.

General Obligations of the Developer. ‌The Developer shall at its own cost and expense: (a) The Developer will furnish follow all design, construction the terms and other services, provide all materials, equipment and labor to perform conditions of the Work reasonably inferable from this Agreement and perform the Work in accordance with this Agreement.; (b) Except as otherwise expressly provided in this Agreementconstruct, the Department makes no warranties or representations as to any surveys, data, reports or other information provided by the Department or other Persons, including the data operate and other information set forth in Exhibit R (Known Pre-Existing Hazardous Substances) (provided, the Developer will be entitled to rely upon Exhibit R to establish whether a Pre-Existing Hazardous Substance is Known or Unknown and to determine the size and nature of the presence of such Hazardous Substance for purposes of Section 16.02), concerning surface or subsurface conditions, the existing condition of the roadway and other Assets, drainage, the presence of Utilities, Hazardous Substances, contaminated ground water, archeological, paleontological and cultural resources, or endangered and threatened species, affecting maintain the Project Right of Way or surrounding locations. The Developer acknowledges that such information is for the Developer’s reference only and has not been verified by the Department, and that the Developer will be responsible for conducting all surveys, studies and assessments as it deems appropriate for the Project. Assets/ Project Facility (cies) Except as otherwise expressly provided in this Agreement, the Developer will bear the risk of all conditions occurring on, under or about the Project Right of Way on which the Work is performed, including: (i) physical conditions of an unusual nature that differ materially from those ordinarily encountered in the area; (ii) changes in surface topography; (iii) variations in subsurface moisture content; (iv) Utility facilities; (v) Hazardous Substances, including contaminated groundwater; (vi) any archeological, paleontological or cultural resources; and (vii) any species listed as threatened or endangered under Federal or Commonwealth endangered species Law. (d) The Developer will be responsible for coordinating and scheduling the Work with other separate contractors working in the Project Right of Way in accordance with the Technical Requirements. Except provisions of this Agreement, Good Industry Practice and Applicable Laws c) obtain all Applicable Permits, sanctions, NOCs, etc., in conformity with the Applicable Laws and be in compliance with thereof at all times for development, construction, operation and maintenance of the Project Facilities and Project Assets during the Lease Period including but not restricted to: a. Clearances from the Pollution Control Board, if required b. Clearances from Municipal / Civic Bodies/ Urban Development Authorities c. Other statutory approvals/ clearances that may be necessary d) procure and maintain, in full force and effect, as necessary, appropriate proprietary rights, Leases, agreements and permissions for materials, methods, processes and systems used in or incorporated into the Project; e) ensure and procure that each Project Agreement contains provisions that would entitle APIIC or its nominee to step into such agreement at APIIC's discretion, in place and substitution of the Developer in the case event of Termination pursuant to the provisions of this Agreement; f) provide all assistance to the Project Co-ordinator as it may reasonably require for due performance of its duties and services under this Agreement; g) provide to APIIC reports on a Department-Caused Delay, regular basis during the Department will not be liable for any delays, disruptions or damages caused by such contractors. (e) The Developer Representative Implementation Period and the Department Representative will be reasonably available to each other and will have the necessary authority, expertise and experience required to oversee and communicate with respect to the Work. (f) The Developer’s Responsible Charge Engineer will be reasonably available to the Department and will have the necessary authority, expertise and experience required of the Responsible Charge Engineer. (g) Prior to and during the Construction Period, the Developer will provide information to the public concerning the Project, any Change Order or any other construction activities Operations Period in accordance with the Technical Requirements.provisions of this Agreement; (h) The make efforts to maintain harmony and good industrial relations among the personnel employed in connection with the performance of the Developer's obligations under this Agreement; i) not to place or create, nor to permit any Contractor or other person claiming through or under the Developer will prepare to create or place, any Encumbrance over all or any part of the Project Assets, or on any rights of the Developer therein, save and submit to except as expressly set forth in this Agreement; j) be responsible for safety, soundness and durability of the Department for its review Project Facility including all structures forming part thereof and approval to confirm their compliance with the Specifications and Standards; k) ensure that the Project Development Plans Site remains free from all encroachments and take all steps necessary to remove encroachments, if any; l) make payment to any Government Agency, if required, for provision of such services as are not provided in accordance the normal course or are available only on payment; m) operate and maintain the Project at all times during the Operations Period in conformity with this Agreement including but not limited to the Specifications and Standards, and Good Industry Practice; n) keep the Project Site in a neat and clean condition and in conformity with the requirements Applicable Laws and times set forth in Applicable Permits; o) not to use the Technical Requirements. (iProject Site for any other purpose(s) The Developer will not enter into any agreement with any Governmental Authority with jurisdiction over any Governmental Approval, Utility Owner, railroad, property owner or other third party having regulatory jurisdiction over any aspect than for development and operation and maintenance of the Project or Assets and Facilities unless and otherwise approved in writing by APIIC; p) not change the Work or having any property interest affected by individual shareholding of the members in the Project or the Work that Company from what is specified in any way purports to obligate the Department, or states or implies that the Department has an obligation, to the third party to carry out any activity during or after the end Schedule “E”; q) [Name of the Term, unless the Department otherwise approves the same in writing in its sole discretion. Except Lead Developer] (hereinafter referred as Lead Developer) shall maintain a minimum equity holding of 26% (twenty six percent) in the case Project Company till termination of an agreement the Agreement ("Lock-in-Period"). During such Lock-in-Period, the stake of such Lead Developer shall also not be less than that of any other Member of the Project Company. r) Unless explicitly approved by the Department pursuant to the preceding sentenceAPIIC, the Developer has no power or authority combined shareholding of all the original Members of the Project Company shall not be less than 76% (seventy six percent) during Lock-in-Period. s) The Technical Member of the Project Company shall be required to enter into any such agreement with a third party hold an equity stake not less than 16% (sixteen percent) of the proposed equity of the Project Company as per Schedule “E” and continue its membership in the name or on behalf consortium at least till the fifth anniversary of the Department and the parties agree that any purported agreement to that effect will be null and voidCommercial Operation Date. (j) The Developer will be responsible for performing and completing all Work that the Developer is obligated to perform for or on behalf of third parties relating to the Project in accordance with its agreement with such third parties and subject to any dispute resolution with such third parties and without prejudicing the Developer’s rights under any such agreements.