Common use of No D&C Work Prior to Review Clause in Contracts

No D&C Work Prior to Review. The Development Entity shall not commence or permit the commencement of any D&C Work that is the subject of, governed by or dependent upon a Reviewable Submittal until it has submitted the relevant Reviewable Submittal to the Department and: (a) in respect of a Discretionary Submittal, the Department has provided its approval or consent to the relevant Discretionary Submittal; (b) in respect of a Non-Discretionary Submittal: (i) within seven (7) days of receiving written notice from the Development Entity that the Department failed to respond to the Non-Discretionary Submittal within the initial period required under the Project Documents, the Department fails to respond to such Submittal; (ii) the Department approves or consents to such Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals); or (iii) if the Department comments, objects or rejects the relevant Submittal in the manner contemplated in this Article 4 (Review of Submittals), the Department approves or consents to any re-submission of that Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals) or otherwise fails to respond in respect to the same within the time period required under Section 4.4(a); or (c) in respect of an R&C Submittal, the time period during which the Department is entitled to raise comments has expired, whether or not the Department made comments, save that in the event that the Department made comments that are disregarded by the Development Entity and it is subsequently determined that the Department’s comments were permitted under Section 4.3(a), the Development Entity shall forthwith undo, modify or remove from the Project Sites and replace (in a manner complying with this PPA) the relevant parts of the Project Services to reflect the Department’s comments. For the avoidance of doubt, nothing in this Section 4.2 (No D&C Work Prior to Review) shall, in and of itself, require the Development Entity to have been issued NTP1 in accordance with Section 7.4 (Conditions Precedent to NTP1) prior to commencing any Design Work or taking any steps required to obtain any Governmental Approvals including, without limitation, communicating with the relevant Governmental Entities.

No D&C Work Prior to Review. The Development Entity shall not commence or permit the commencement of any D&C Work that is the subject of, governed by or dependent upon a Reviewable Submittal until it has submitted the relevant Reviewable Submittal to the Department and: (a) in respect of a Discretionary Submittal, the Department has provided its approval or consent to the relevant Discretionary Submittal; (b) in respect of a Non-Discretionary Submittal: (i) within seven (7) days of receiving written notice from the Development Entity that the Department failed to respond to the Non-Discretionary Submittal within the initial period required under the Project Documents, the Department fails to respond to such Submittal; (ii) the Department approves or consents to such Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals); or (iii) if the Department comments, objects or rejects the relevant Submittal in the manner contemplated in this Article 4 (Review of Submittals), the Department approves or consents to any re-submission of that Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals) or otherwise fails to respond in respect to the same within the time period required under Section 4.4(a); or (c) in respect of an R&C Submittal, the time period during which the Department is entitled to raise comments has expired, whether or not the Department made comments, save that in the event that the Department made comments that are disregarded by the Development Entity and it is subsequently determined that the Department’s comments were permitted under Section 4.3(a), the Development Entity shall forthwith undo, modify or remove from the Project Sites and replace (in a manner complying with this PPA) the relevant parts of the Project Services Works to reflect the Department’s comments. For the avoidance of doubt, nothing in this Section 4.2 (No D&C Work Prior to Review) shall, in and of itself, require the Development Entity to have been issued NTP1 in accordance with Section 7.4 (Conditions Precedent to NTP1) prior to commencing any Design Work or taking any steps required to obtain any Governmental Approvals including, without limitation, communicating with the relevant Governmental Entities.

No D&C Work Prior to Review. (a) The Development Entity shall Developer must not commence or permit the commencement of any D&C Conversion Work and/or Smart City Work that is the subject of, governed by by, or dependent upon a Reviewable Submittal until it has submitted the relevant Reviewable Submittal to the Department District and: (ai) in with respect of to a Discretionary Submittal, the Department District has provided its approval or consent to the relevant Discretionary Submittal; (bii) in with respect of to a Non-Discretionary Submittal: (iA) within seven five (75) days of Business Days after receiving written notice from the Development Entity Developer that the Department District failed to respond to the Non-Discretionary Submittal within the initial period required under the Project Documentsthis Agreement, the Department District fails to respond to such Non-Discretionary Submittal;; or (iiB) the Department District approves or consents to such Non-Discretionary Submittal in accordance with this Article 4 7 (Review of Submittals); or (iii) if the Department comments, objects or rejects the relevant Submittal in the manner contemplated in this Article 4 (Review of Submittals), the Department approves or consents to any re-submission of that Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals) or otherwise fails to respond in respect to the same within the time period required under Section 4.4(a); or (c) in respect of an R&C Submittal, subject to Section 7.2(b) (No D&C Work Prior to Review), the time period during which the Department District is entitled to raise comments has expired, whether or not the Department made District provided any comments. (b) With respect to an R&C Submittal, save that in if the event that the Department District made comments that are disregarded by the Development Entity Developer and it is subsequently determined that the DepartmentDistrict’s comments were permitted under Section 4.3(a7.3(a) (Grounds for Objection or Comment), the Development Entity Developer shall forthwith promptly undo, modify modify, remove or remove from the Project Sites and replace (in a manner complying with this PPAAgreement) the relevant parts of the Project Services D&C Work to reflect the DepartmentDistrict’s comments. For the avoidance of doubt, nothing in this Section 4.2 (No D&C Work Prior to Review) shall, in and of itself, require the Development Entity to have been issued NTP1 in accordance with Section 7.4 (Conditions Precedent to NTP1) prior to commencing any Design Work or taking any steps required to obtain any Governmental Approvals including, without limitation, communicating with the relevant Governmental Entities.

No D&C Work Prior to Review. The Development Entity shall not commence or permit the commencement of any D&C Work that is the subject of, governed by or dependent upon a Reviewable Submittal until it has submitted the relevant Reviewable Submittal to the Department and: (a) in respect of a Discretionary Submittal, the Department has provided its approval or consent to the relevant Discretionary Submittal; (b) in respect of a Non-Discretionary Submittal: (i) within seven (7) days of receiving written notice from the Development Entity that the Department failed to respond to the Non-Discretionary Submittal within the initial period required under the Project Documents, the Department fails to respond to such Submittal; (ii) the Department approves or consents to such Non-Discretionary Submittal in accordance with this Article 4 (Review of Submittals); or (iii) if the Department comments, objects or rejects the relevant Submittal in the manner contemplated in this Article 4 (Review of Submittals), the Department approves or consents to any re-submission of that Non-Non- Discretionary Submittal in accordance with this Article 4 (Review of Submittals) or otherwise fails to respond in respect to the same within the time period required under Section 4.4(a4.5(a); or (c) in respect of an R&C Submittal, the time period during which the Department is entitled to raise comments has expired, whether or not the Department made comments, save that in the event that the Department made comments that are disregarded by the Development Entity and it is subsequently determined that the Department’s comments were permitted under Section 4.3(a), the Development Entity shall forthwith undo, modify or remove from the Project Sites and replace (in a manner complying with this PPA) the relevant parts of the Project Services to reflect the Department’s comments. For the avoidance of doubt, nothing in this Section 4.2 (No D&C Work Prior to Review) shall, in and of itself, require the Development Entity to have been issued NTP1 in accordance with Section 7.4 (Conditions Precedent to NTP1) prior to commencing any Design Work or taking any steps required to obtain any Governmental Approvals including, without limitation, communicating with the relevant Governmental Entities.