Common use of Obligation to Obtain Regulatory Approvals Clause in Contracts

Obligation to Obtain Regulatory Approvals. 10.2.1 Contractor shall obtain all Regulatory Approvals required for the Work, except those designated as Owner Regulatory Approvals in Exhibit 10.2.1, in accordance with applicable Laws, Regulations and Ordinances. Approvals by third parties will be subject to the terms and conditions of any Cooperative Agreements and applicable Laws, Regulations and Ordinances, and Owner agrees to use reasonable efforts to expedite critical Regulatory Approvals from such entities, if and as requested by Contractor. Contractor shall deliver to Owner, promptly after Contractor’s receipt, a copy of all Regulatory Approvals. Notwithstanding anything to the contrary in the Contract Documents, if Contractor’s proposed design and/or construction methods results in a change or modification to an Owner Regulatory Approval obtained by Owner prior to the Effective Date, Contractor shall be: (a) fully responsible for obtaining, at its sole cost and expense, approval of such change or modification from the applicable Governmental Person; and (b) responsible for any delays or other impacts that result from seeking of approval of such change or modification. 10.2.2 Prior to any construction, equipping or installation of the Work or any portion thereof, Contractor shall obtain all Regulatory Approvals required to be obtained by it in connection therewith; provided, however, that if any such Regulatory Approval cannot be obtained in accordance with the applicable Project Schedule, not due to the breach of contract, violation of Laws, Regulations and Ordinances, negligence, recklessness or willful misconduct of any Contractor-Related Party, then Contractor shall be entitled to an appropriate Change Order, provided that Contractor satisfies the requirements of Articles 13 and 19. 10.2.3 If any Regulatory Approvals required to be obtained by Contractor must formally be issued in the name of Owner, Contractor shall undertake all efforts to obtain such approvals subject to Owner’s reasonable cooperation with Contractor, including execution and delivery of appropriate applications and other documentation in form approved by Owner. 10.2.4 Except as specifically provided in Exhibit 10.2.4 (Owner Responsibility for Regulatory Approval Charges and Fees) or Section 10.3, Contractor shall pay all charges and fees for obtaining any Regulatory Approvals and modifications thereto. 10.2.5 For the avoidance of doubt, Contractor acknowledges that it is responsible for obtaining Regulatory Approvals from the Airports Authority Building Codes Department, and acknowledges that, for purposes of this Contract, such department is considered a third party, separate and independent from Owner. 10.2.6 Contractor shall provide, or cause to be provided, reasonable cooperation and assistance to Owner in Owner’s obtaining Owner’s Regulatory Approvals.

Obligation to Obtain Regulatory Approvals. 10.2.1 Contractor shall obtain all Regulatory Approvals required for the Work, except those designated as for Owner Regulatory Approvals in Exhibit 10.2.1Approvals, in accordance with applicable Laws, Regulations and Ordinances. For the avoidance of doubt, Contractor’s obligations hereunder shall include obtaining amendments to: (i) the Department of the Army Permit (Section 404) NAO 2010-2277, dated June 15, 2011, issued by the United States Army Corps of Engineers; and (ii) the Virginia Water Protection Individual Permit 11-0913, dated June 10, 2011, issued by the Virginia Department of Environmental Quality. Approvals by third parties will be subject to the terms and conditions of any Cooperative Agreements and applicable Laws, Regulations and Ordinances, and Owner agrees to use reasonable efforts to expedite critical Regulatory Approvals from such entities, if and as requested by Contractor. Contractor shall deliver to Owner, promptly after Contractor’s receipt, a copy of all Regulatory Approvals. Notwithstanding anything to the contrary in the Contract Documents, if Contractor’s proposed design and/or construction methods results in a change or modification to an Owner Regulatory Approval obtained by Owner prior to the Effective Date, Contractor shall be: (a) fully responsible for obtaining, at its sole cost and expense, approval of such change or modification from the applicable Governmental Person; and (b) responsible for any delays or other impacts that result from seeking of approval of such change or modification. 10.2.2 Prior to any construction, equipping or installation of the Work or any portion thereof, Contractor shall obtain all Regulatory Approvals required to be obtained by it in connection therewith; provided, however, that if any such Regulatory Approval cannot be obtained in accordance with the applicable Project Schedule, not due to the breach of contract, violation of Laws, Regulations and Ordinances, negligence, recklessness or willful misconduct of any Contractor-Related Party, then Contractor shall be entitled to an appropriate Change Order, provided that Contractor satisfies the requirements of Articles 13 and 19. 10.2.3 If any Regulatory Approvals required to be obtained by Contractor must formally be issued in the name of Owner, Contractor shall undertake all efforts to obtain such approvals subject to Owner’s reasonable cooperation with Contractor, including execution and delivery of appropriate applications and other documentation in form approved by Owner. 10.2.4 Except as specifically provided in Exhibit 10.2.4 (for Owner Responsibility for Regulatory Approval Charges and Fees) or Section 10.3Approvals, Contractor shall pay all charges and fees for obtaining any Regulatory Approvals and modifications thereto. 10.2.5 For the avoidance of doubt, Contractor acknowledges that it is responsible for obtaining Regulatory Approvals from the Airports Authority Building Codes Department, and acknowledges that, for purposes of this Contract, such department is considered a third party, separate and independent from Owner. 10.2.6 Contractor shall provide, or cause to be provided, reasonable cooperation and assistance to Owner in Owner’s obtaining Owner’s Regulatory Approvals.

Obligation to Obtain Regulatory Approvals. 10.2.1 If applicable, Contractor shall obtain all Regulatory Approvals required for the Work, except those designated as for Owner Regulatory Approvals in Exhibit 10.2.1, in accordance with applicable Laws, Regulations and Ordinances. Approvals by third parties will be subject to the terms and conditions of any Cooperative Agreements and applicable Laws, Regulations and Ordinances, and Owner agrees to use reasonable efforts to expedite critical Regulatory Approvals from such entities, if and as requested by Contractor. Contractor shall deliver to Owner, promptly after Contractor’s receipt, a copy of all Regulatory Approvals. Notwithstanding anything to the contrary in the Contract Documents, if Contractor’s proposed design and/or construction methods results in a change or modification to an Owner Regulatory Approval obtained by Owner prior to the Effective Date, Contractor shall be: (a) fully responsible for obtaining, at its sole cost and expense, approval of such change or modification from the applicable Governmental Person; and (b) responsible for any delays or other impacts that result from seeking of approval of such change or modification. 10.2.2 Prior to any construction, equipping or installation of the Work or any portion thereof, Contractor shall obtain all Regulatory Approvals required to be obtained by it in connection therewith; provided, however, that if any such Regulatory Approval cannot be obtained in accordance with the applicable Project Schedule, not due to the breach of contract, violation of Laws, Regulations and Ordinances, negligence, recklessness or willful misconduct of any Contractor-Related Party, then Contractor shall be entitled to an appropriate Change Order, provided that Contractor satisfies the requirements of Articles 13 and 19. 10.2.3 If any Regulatory Approvals required to be obtained by Contractor must formally be issued in the name of Owner, Contractor shall undertake all efforts to obtain such approvals subject to Owner’s reasonable cooperation with Contractor, including execution and delivery of appropriate applications and other documentation in form approved by Owner. 10.2.4 Except as specifically provided in Exhibit 10.2.4 (Owner Responsibility for Regulatory Approval Charges and Fees) or Section 10.3, Contractor shall pay all charges and fees for obtaining any Regulatory Approvals and modifications thereto. 10.2.5 For the avoidance of doubt, Contractor acknowledges that it is responsible for obtaining Regulatory Approvals from the Airports Authority Building Codes Department, and acknowledges that, for purposes of this Contract, such department is considered a third party, separate and independent from Owner. 10.2.6 Contractor shall provide, or cause to be provided, reasonable cooperation and assistance to Owner in Owner’s obtaining Owner’s Regulatory Approvals.

Obligation to Obtain Regulatory Approvals. 10.2.1 Contractor shall obtain all Regulatory Approvals required for the Work, except those designated as Owner Regulatory Approvals in Exhibit 10.2.1, in accordance with applicable Laws, Regulations and Ordinances. Approvals by third parties will be subject to the terms and conditions of any Cooperative Agreements and applicable Laws, Regulations and Ordinances, and Owner agrees to use reasonable efforts to expedite critical Regulatory Approvals from such entities, if and as requested by Contractor. Contractor shall deliver to Owner, promptly after Contractor’s receipt, a copy of all Regulatory Approvals. Notwithstanding anything to the contrary in the Contract Documents, if Contractor’s proposed design and/or construction methods results in a change or modification to an Owner Regulatory Approval obtained by Owner prior to the Effective Date, Contractor shall be: (a) fully responsible for obtaining, at its sole cost and expense, approval of such change or modification from the applicable Governmental Person; and (b) responsible for any delays or other impacts that result from seeking of approval of such change or modification. 10.2.2 Prior to any construction, equipping or installation of the Work or any portion thereof, Contractor shall obtain all Regulatory Approvals required to be obtained by it in connection therewith; provided, however, that if any such Regulatory Approval cannot be obtained in accordance with the applicable Project Schedule, not due to the breach of contract, violation of Laws, Regulations and Ordinances, negligence, recklessness or willful misconduct of any Contractor-Related Party, then Contractor shall be entitled to an appropriate Change Order, provided that Contractor satisfies the requirements of Articles 13 and 19. 10.2.3 If any Regulatory Approvals required to be obtained by Contractor must formally be issued in the name of Owner, Contractor shall undertake all efforts to obtain such approvals subject to Owner’s reasonable cooperation with Contractor, including execution and delivery of appropriate applications and other documentation in form approved by Owner. 10.2.4 Except as specifically provided in Exhibit 10.2.4 (Owner Responsibility for Regulatory Approval Charges and Fees) or Section 10.3, Contractor shall pay all charges and fees for obtaining any Regulatory Approvals and modifications thereto. 10.2.5 For the avoidance of doubt, Contractor acknowledges that it is responsible for obtaining Regulatory Approvals from the Airports Authority Building Codes Department, and acknowledges that, for purposes of this Contract, such department is considered a third party, separate and independent from Owner., 10.2.6 Contractor shall provide, or cause to be provided, reasonable cooperation and assistance to Owner in Owner’s obtaining Owner’s Regulatory Approvals.