Obtaining, Maintaining and Identifying Permits. Contractor shall timely obtain and maintain all Contractor Permits. In addition, Contractor shall provide all assistance reasonably requested by Owner in connection with Owner’s efforts to obtain and maintain the Owner Permits. If any Applicable Permit is required for the Project or to perform the Work that is not identified in Exhibit H, Contractor or Owner, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit is of a nature typically obtained by contractors in similar projects, Contractor shall, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit. Otherwise, Owner shall obtain and maintain such Applicable Permit. All Applicable Permits (other than any building permits) designated as either “To be issued in the name of Owner” or “To be issued in the name of the Owner and Contractor” on Exhibit H shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner or otherwise requires action by Owner, Owner shall, upon the request of Contractor, sign such application or take such action as reasonably appropriate. Owner reserves the right to review any such application of Contractor; provided, however, that Owner’s exercise of such right shall not under any circumstances, be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such application. Contractor shall deliver to Owner true and complete copies of all Permits obtained by Contractor upon its receipt thereof.
Appears in 6 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Obtaining, Maintaining and Identifying Permits. (a) Contractor shall timely obtain and maintain all Contractor PermitsPermits in a timely manner. In addition, Contractor shall provide all assistance reasonably requested by Owner Company in connection with OwnerCompany’s efforts to obtain and maintain the Owner Company Permits, including witness’s testimony, depositions, preparation of exhibits, technical calculations and attending meetings. If In the event that any Applicable Permit is required for the Project Facilities or to perform the Work that is not identified in Exhibit Hthe Contract Documents, Contractor or OwnerCompany, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit permit is of a nature typically obtained by contractors in similar projects, Contractor shall, at its sole cost and expenseexpense and without reimbursement hereunder, be obligated to obtain and maintain such Applicable PermitPermit on behalf of Company. Otherwise, Owner Company shall obtain and maintain such Applicable Permit. .
(b) All Applicable Permits (other than any building permits, but excluding any applicable occupancy certificates) or other Applicable Permits designated as either “To be issued in the name of OwnerContractor” or “To be issued in the name of the Owner Company and Contractor” on Exhibit H G or Exhibit H) shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability Company unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner Company or otherwise requires action by OwnerCompany, Owner Company shall, upon the request of Contractor, sign such application or take such action as reasonably appropriate. Owner .
(c) Company reserves the right to review any such application of Contractor; provided, however, that OwnerCompany’s exercise of such right shall not under any circumstances, be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such applicationpermit. Contractor shall deliver to Owner true and complete copies of all Permits obtained by Contractor upon its receipt thereof.deliver
Appears in 2 contracts
Samples: Turnkey Engineering, Procurement, Construction and Maintenance Agreement (Ameresco, Inc.), Turnkey Engineering, Procurement, Construction and Maintenance Agreement (Ameresco, Inc.)
Obtaining, Maintaining and Identifying Permits. Contractor shall timely obtain and maintain all Contractor Permits. In addition, Contractor shall provide all assistance reasonably requested by Owner in connection with Owner’s efforts to obtain and maintain the Owner Permits, including, without limitation, witnesses testimony, depositions, preparation of exhibits, technical calculations and attending meetings. If In the event that any Applicable Permit is required for the Project Ethanol Plant or to perform the Work that is not identified in Exhibit Hthis Agreement, at Owner’s request, Contractor or Owner, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit is of a nature typically obtained by contractors in similar projects, Contractor shall, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit. Otherwise, Owner shall obtain and maintain such Applicable PermitPermit at Owner’s expense. All Applicable Permits (other than any building permits) designated as either “To be issued in the name of Owner” or “To be issued in the name of the Owner and Contractor” on Exhibit H shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner or otherwise requires action by Owner, Owner shall, shall upon the request of Contractor, Contractor sign such application or take such action as reasonably appropriate. Owner reserves the right to review any such application of Contractor; provided, ; however, that Owner’s exercise of such right shall not under any circumstances, be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such applicationpermit. Contractor shall deliver to Owner true and complete copies of all Applicable Permits obtained by Contractor upon its receipt thereof. Contractor shall use best efforts to identify in writing to Owner all requirements for performance of the Work of any Government Authority not identified in this Agreement, or shall confirm in writing prior to Financial Closing that, to the best of Contractor’s knowledge, there are no such requirements of any Government Authority other than as identified in this Agreement.
Appears in 1 contract
Samples: Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.)
Obtaining, Maintaining and Identifying Permits. Contractor shall timely obtain and maintain all Contractor Permits. In addition, Contractor shall provide all assistance reasonably requested by Owner in connection with Owner’s efforts to obtain and maintain the Owner Permits, including, without limitation, witnesses testimony, depositions, preparation of exhibits, technical calculations and attending meetings. If In the event that any Applicable Permit is required for the Project Facility or to perform the Work that is not identified in Exhibit Hthis Agreement, at Owner’s request, Contractor or Owner, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit is of a nature typically obtained by contractors in similar projects, Contractor shall, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit. Otherwise, Owner shall obtain and maintain such Applicable PermitPermit at Owner’s expense. All Applicable Permits (other than any building permits) designated as either “To be issued in the name of Owner” or “To be issued in the name of the Owner and Contractor” on Exhibit H shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner or otherwise requires action by Owner, Owner shall, shall upon the request of Contractor, Contractor sign such application or take such action as reasonably appropriate. Owner reserves the right to review any such application of Contractor; provided, ; however, that Owner’s exercise of such right shall not under any circumstances, be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such applicationpermit. Contractor shall deliver to Owner true and complete copies of all Applicable Permits obtained by Contractor upon its receipt thereof. Contractor shall use best efforts to identify in writing to Owner all requirements for performance of the Work of any Government Authority not identified in this Agreement, or shall confirm in writing prior to Financial Closing that, to the best of Contractor’s knowledge, there are no such requirements of any Government Authority other than as identified in this Agreement.
Appears in 1 contract
Samples: Turnkey Engineering, Procurement and Construction Agreement (Panda Ethanol, Inc.)
Obtaining, Maintaining and Identifying Permits. Contractor shall timely obtain and maintain all Contractor Permits. In addition, Contractor shall provide all assistance reasonably requested by Owner in connection with Owner’s 's efforts to obtain and maintain the Owner Permits, including, without limitation, witnesses testimony, depositions, preparation of exhibits, technical calculations and attending meetings. If In the event that any Applicable Permit is required for the Project Plant or to perform the Work that is not identified in Exhibit Hthis Agreement, at Owner's request, Contractor or Owner, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit is of a nature typically obtained by contractors in similar projects, Contractor shall, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit. Otherwise, Owner shall obtain and maintain such Applicable PermitPermit at Owner's expense. Notwithstanding the foregoing, Contractor shall only be responsible for submitting an application to obtain operating permits not otherwise identified in this Agreement. All Applicable Permits (other than any building permits) designated as either “To be issued in the name of Owner” or “To be issued in the name of the Owner and Contractor” on Exhibit H shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner or otherwise requires action by Owner, Owner shall, shall upon the request of Contractor, Contractor sign such application or take such action as reasonably appropriate. Owner reserves the right to review any such application of Contractor; provided, ; however, that Owner’s 's exercise of such right shall not under any circumstances, be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such applicationpermit. Contractor shall deliver to Owner true and complete copies of all Applicable Permits obtained by Contractor upon its receipt thereof. Contractor shall use best efforts to identify in writing to Owner all government requirements for performance of the Work not identified in this Agreement, or shall confirm in writing that, to the best of Contractor's knowledge, there are no such government requirements other than as identified in this Agreement prior to Financial Closing. Section 3.11.
Appears in 1 contract
Samples: Turnkey Engineering, Procurement and Construction Agreement (Panda Global Holdings Inc)
Obtaining, Maintaining and Identifying Permits. 3.10.1 Contractor shall, and shall cause its Subcontractors to comply with, all Applicable Permits, including FPL Permits and Contractor Permits. Contractor shall timely obtain and maintain all Contractor Permits. In addition, Contractor shall timely prepare and submit to the applicable Government Authority all engineering and construction related submittals, reports and other items (including those set forth in Appendix A, Scope of Work) required to maintain and comply with any FPL Permit and provide all assistance reasonably requested by Owner FPL in connection with OwnerFPL’s efforts to obtain the FPL Permits, including, without limitation, witnesses testimony, depositions, preparation and maintain submission of exhibits, reports or submittals, technical calculations and attending meetings; provided that FPL shall provide Contractor, at no cost to FPL, with all information, documentation and assistance reasonably requested by Contractor to permit Contractor to comply with the Owner Permitsprovisions of this Section 3.10.1. If In the event that any Applicable Permit is required for the Project Plant or to perform the Work that is not identified in Exhibit Hthe Contract Documents, Contractor or OwnerFPL, as applicable, shall promptly, after it becomes aware of the need for such Applicable Permit, notify the other Party that such Applicable Permit is required. Contractor shall thereafter, at its sole cost and expense, be obligated to obtain and maintain such Applicable Permit, and Owner shall provide reasonable assistance and cooperation in accordance with Section 5.2, as necessary. If such Applicable Permit permit is of a nature typically obtained by contractors in similar power projects, Contractor shall, at its sole cost and expense, be obligated to obtain and maintain such Applicable PermitPermit on behalf of FPL. Otherwise, Owner FPL shall obtain and maintain such Applicable Permit. .
3.10.2 All Applicable Permits (other than any building permitspermits (but excluding any applicable occupancy certificates) or other Applicable Permits designated as either “To be issued in the name of OwnerContractor” or “To be issued in the name of the Owner FPL and Contractor” on Exhibit H Appendix A, Scope of Work, or Appendix M, FPL Permits) shall be issued in the name of Owner or Owner and Contractor, as required, to the best of Contractor’s ability FPL unless otherwise required by Applicable Law or such Applicable Permit. If any Contractor Permit (or application therefor) is in the name of Owner FPL or otherwise requires action by OwnerFPL, Owner FPL shall, upon the request of Contractor, sign such application or take such action as reasonably appropriate. Owner .
3.10.3 FPL reserves the right to review any such application of Contractor; provided, however, that OwnerFPL’s exercise of such right shall not under any circumstances, circumstances be considered an approval of the necessity, effect or contents of such application or related Permit nor shall it be allowed to unreasonably delay the submittal of such applicationpermit. Contractor shall deliver to Owner FPL true and complete copies of all Applicable Permits obtained by Contractor upon its receipt thereof. Contractor shall use best efforts to identify in writing to FPL all Applicable Permits and other government requirements for performance of the Work not identified in the Contract Documents, or shall confirm in writing that, to the best of Contractor’s knowledge, there are no such Applicable Permits or other government requirements other than as identified in the Contract Documents prior to the date of this Agreement.
Appears in 1 contract
Samples: Turnkey Engineering, Procurement and Construction Agreement (Sunpower Corp)