Common use of Notice to Proceed for Construction Clause in Contracts

Notice to Proceed for Construction. For the purposes of this Section 8.03(b), the parties will manage as independent projects the Original Project, the 395 Project, and the Xxxx Ex Project, and each requirement listed below will apply independently to each of the Original Project, the 395 Project, and the Xxxx Ex Project, respectively. In addition to the conditions set forth in Section 8.03(a), the Concessionaire will not commence construction of the Project Assets unless and until the following conditions have been satisfied (or the Department, in its discretion, waives such conditions) and the Department has delivered notice to that effect to the Concessionaire (such notice being referred to as the “Construction Notice to Proceed”): (i) the Concessionaire has delivered to the Department correct and complete copies of all Design Public Hearing Documentation (except for Design Public Hearing Documentation related to the 395 Project and the Xxxx Ex Project) and Construction Documentation required for the commencement of construction in accordance with this Agreement and the Technical Requirements, and the Concessionaire has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements; (ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement of construction have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Governmental Approvals; (iii) all rights of access or other property rights necessary for the commencement of construction have been obtained; (iv) the Department has approved the following: (A) Baseline Schedule (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan; and (v) the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Concessionaire has delivered to the Department a duplicate original or copy thereof certified by the Concessionaire’s insurance broker to be a true and correct copy of the original.

Notice to Proceed for Construction. For the purposes of this Section 8.03(b), the parties will manage as independent projects the Original Project, the 395 Project, and the Xxxx Ex Project, and each requirement listed below will apply independently to each of the Original Project, the 395 Project, and the Xxxx Ex Project, respectively. In addition to the conditions set forth in Section 8.03(a), the Concessionaire will not commence construction of the Project Assets any Construction Segment unless and until the Department determines that the following conditions have been satisfied (or the Department, in its discretion, waives such conditions) for the applicable Construction Segment and the Department has delivered notice to that effect to the Concessionaire (such notice being referred to as the “Construction Segment Notice to Proceed”): (i) the Concessionaire has delivered to the Department correct and complete copies of all Design Public Hearing Documentation (except for Documentation, ETTM System Design Public Hearing Documentation related to the 395 Project and the Xxxx Ex Project) Documentation, and Construction Documentation required for relating to the commencement of construction in accordance with applicable Construction Segment pursuant to this Agreement and the Technical Requirements, and the Concessionaire has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements; (ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement construction of construction the applicable Construction Segment have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Governmental Approvals; (iii) all rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment have been obtained; (iv) the Department has approved the following: (A) Baseline Schedule Schedule; (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan; and; (v) the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Concessionaire has delivered to the Department a duplicate original or copy thereof certified by the Concessionaire’s insurance broker to be a true and correct copy of the original.; and (vi) with respect to commencement of construction for the Existing Project Assets, the Department has approved the Rehabilitation Plan attached hereto as Exhibit R.

Notice to Proceed for Construction. For The DB Contractor will not commence construction of any Construction Segment unless and until the purposes of this Section 8.03(b)Concessionaire has issued the DB Construction Segment NTP for the applicable Construction Segment, which issuance shall be subject to the parties will manage as independent projects the Original Project, the 395 Project, and the Xxxx Ex Project, and each requirement listed below will apply independently to each of the Original Project, the 395 Project, and the Xxxx Ex Project, respectively. In addition to Department’s determination that the conditions set forth in Section 8.03(a), the Concessionaire will not commence construction 8.03(b) of the Project Assets unless and until the following conditions CA have been satisfied (or to the Department, in its discretion, waives ’s waiver of such conditions) and the Department has delivered notice Department’s delivery of the applicable Construction Segment Notice to that effect Proceed to the Concessionaire (under the CA. The DB Contractor shall provide such notice being referred to cooperation and assistance as the “Construction Notice Concessionaire may reasonably request with respect to Proceed”):the satisfaction of such conditions, and shall in particular be responsible for: (i) On behalf of the Concessionaire has delivered Concessionaire, delivery to the Department of correct and complete copies of all Design Public Hearing Documentation, the portion of the ETTM System Design Documentation (except for Design Public Hearing Documentation related to which the 395 Project and the Xxxx Ex Project) DB Contractor is responsible, and Construction Documentation required for relating to the commencement applicable Construction Segment (each of construction in accordance with which shall be subject to Concessionaire Review or Concessionaire Approval pursuant to Section 8.04(b)) pursuant to this Agreement Agreement, the CA and the Technical Requirements, and the Concessionaire has received Concessionaire’s receipt from the Department of any prior written approvals thereof required by this the Comprehensive Agreement and Federal Requirements; (ii) Obtaining all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement construction of construction have been acquired the applicable Construction Segment (and providing copies provided thereof to the Concessionaire and the Department), and the Concessionaire has satisfied satisfying all applicable pre-construction requirements of the Governmental ApprovalsApprovals imposed on the Concessionaire and the DB Contractor; (iii) Obtaining, in accordance with Section 8.05, all rights of access or other property rights necessary for the commencement of construction have been obtainedwithin the applicable portion of a Construction Segment; (iv) Subject to prior receipt of Concessionaire Approval thereof, obtaining, on behalf of the Department has approved Concessionaire, the Department’s approval of the following: (A) Baseline Schedule Schedule; (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan; and (v) Subject to prior receipt of Concessionaire Approval thereof, with respect to commencement of construction for the builderExisting Project Assets, obtaining, on behalf of the Concessionaire, the Department’s risk insurance policy required under Section 17.01(a) has been obtained and approval of the DB Rehabilitation Plan attached as Exhibit R hereto. The DB Contractor will be in full force and effect, and deliver notice to the Concessionaire upon the satisfaction of the conditions to the issuance of any Construction Segment Notice to Proceed for which the DB Contractor is responsible pursuant to Section 8.03(b). When all conditions to the Department’s issuance of the Construction Segment Notice to Proceed have been satisfied, the DB Contractor may request the Concessionaire (which request shall not to be unreasonably denied) to request that the Department issue such Construction Segment Notice to Proceed for the applicable portion of the DB Work. Subject to Section 10.05, if the Department notifies the Concessionaire that the Department believes any conditions for which the DB Contractor has delivered agreed is responsible have not been satisfied, the DB Contractor shall address those deficiencies such that the Concessionaire may re-submit a notice to the Department a duplicate original or copy thereof certified or, if the DB Contractor does not agree with the Department’s assessment, the DB Contractor may, subject to Section 21.06, direct the Concessionaire to refer the matter to the dispute resolution procedures pursuant to Article 21 of the CA. The DB Contractor shall be liable to the Concessionaire for any Losses incurred by the Concessionaire’s insurance broker to be a true and correct copy Concessionaire in respect of the originalamounts that the Concessionaire is required pay to the Concessionaire Contractors affected by such failure or delay in issuance of the Construction Segment Notice to Proceed by the Department under the CA to the extent that such failure or delay is caused by the failure of the DB Contractor to satisfy any of the conditions to such issuance for which it is responsible hereunder. If such failure or delay in issuance of the Construction Segment Notice to Proceed by the Department under the CA is caused by the failure of any of the Concessionaire Contractors to satisfy any of the conditions to the issuance of such Construction Segment Notice to Proceed under the CA that such contractor is responsible for, then the Concessionaire shall be liable to the DB Contractor for any Losses incurred by the DB Contractor as a result of such delay or failure. After receipt under the CA of the approval or deemed issuance of the Construction Segment Notice to Proceed from the Department, the Concessionaire may issue the corresponding DB Construction Segment NTP to the DB Contractor.

Notice to Proceed for Construction. For the purposes of this Section 8.03(b), the parties will manage as independent projects the Original Project, the 395 Project, and the Xxxx Ex Project, and each requirement listed below will apply independently to each of the Original Project, the 395 Project, and the Xxxx Ex Project, respectively. In addition to the conditions set forth in Section 8.03(a), the Concessionaire will not commence construction of the Project Assets any Construction Segment unless and until the Department determines that the following conditions have been satisfied (or the Department, in its discretion, waives such conditions) for the applicable Construction Segment and the Department has delivered notice to that effect to the Concessionaire (such notice being referred to as the “Construction Segment Notice to Proceed”): (i) the Concessionaire has delivered to the Department correct and complete copies of all Design Public Hearing Documentation (except for Documentation, ETTM System Design Public Hearing Documentation related to the 395 Project and the Xxxx Ex Project) Documentation, and Construction Documentation required for relating to the commencement of construction in accordance with applicable Construction Segment pursuant to this Agreement and the Technical Requirements, and the Concessionaire has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements; (ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement construction of construction the applicable Construction Segment have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Governmental Approvals; (iii) all rights of access or other property rights necessary for the commencement of construction within the applicable portion of a Construction Segment have been obtained; (iv) the Department has approved the following: (A) Baseline Schedule Schedule; (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan; and; (v) the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Concessionaire has delivered EXECUTION VERSION – DECEMBER 5, 2011 to the Department a duplicate original or copy thereof certified by the Concessionaire’s insurance broker to be a true and correct copy of the original.; and (vi) with respect to commencement of construction for the Existing Project Assets, the Department has approved the Rehabilitation Plan attached hereto as Exhibit R.

Notice to Proceed for Construction. For the purposes of this Section 8.03(b), the parties will manage as independent projects the Original Project, the 395 Project, and the Xxxx Ex Project, and each requirement listed below will apply independently to each of the Original Project, the 395 Project, and the Xxxx Ex Project, respectively. In addition to the conditions set forth in Section 8.03(a), the Concessionaire will not commence construction of the Project Assets unless and until the following conditions have been satisfied (or the Department, in its discretion, waives such conditions) and the Department has delivered notice to that effect to the Concessionaire (such notice being referred to as the “Construction Notice to Proceed”): (i) the Concessionaire has delivered to the Department correct and complete copies of all Design Public Hearing Documentation (except for Design Public Hearing Documentation related to the 395 Project and the Xxxx Ex Project) and Construction Documentation required for the commencement of construction in accordance with this Agreement and the Technical Requirements, and the Concessionaire has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements; (ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement of construction have been acquired (and copies provided to the Department), and the Concessionaire has satisfied all applicable pre-construction requirements of the Governmental Approvals; (iii) all rights of access or other property rights necessary for the commencement of construction have been obtained; (iv) the Department has approved the following: (A) Baseline Schedule (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan; and (v) the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Concessionaire has delivered to the Department a duplicate original or copy thereof certified by the Concessionaire’s insurance broker to be a true and correct copy of the original.