Other Goods and Services. Owner shall also furnish to Xxxxxx Mechanical, at Owner’s expense, all documents, drawings, specifications, information and services showing all existing structures, foundations and undergrounds in or adjacent to the Plant site that may be relevant to performance of the Work, if any; coordinates, bench marks and base lines for the land area and locations where all associated items of equipment, if any, are to be installed; the existence and location of subsurface obstructions and conditions; soil data and specific criteria for foundation design relevant to the Work; adequate arrangement drawings, utility requirements and process connections of all those existing items of machinery and equipment of existing facilities, if any, with which the Work must interconnect or accommodate, sufficient for Xxxxxx Mechanical’s performance of the Work; and the specific emission, effluent and environmental criteria and requirements for the Work; and all other documents, drawings, specifications, information and services, if any, identified as within the Owner’s Scope of Services in Exhibit X. Xxxxxx Mechanical shall be entitled to rely upon such data and design criteria in the performance of the Work. Owner shall provide all such items within the times prescribed in the Schedule, or if no time is prescribed, within the time reasonably required to allow Xxxxxx Mechanical to perform its obligations under this contract. Furthermore, Xxxxxx Mechanical shall have the right to receive from Owner reasonable written assurance, and evidence reasonably acceptable to Xxxxxx Mechanical, that Owner is not aware of any physical, financial or legal matters that would prevent Owner from fulfilling its obligations hereunder or impede performance of the Parties obligations under this Contract in accordance with the Schedule. If Xxxxxx Mechanical becomes aware of any error in a document, drawing, specification or other information supplied by Owner it will promptly notify Owner of the same. Xxxxxx Mechanical shall, however, have no liability of any kind with respect to any en-or of which it is not actually aware. In addition, Owner shall be fully responsible for providing all goods and services, if any, that become necessary as a result of the discovery of hazardous materials or materials with archeological significance, provided that Xxxxxx Mechanical shall be responsible for any hazardous materials or hazardous substances released on the Site by Xxxxxx Mechanical or its Subcontractors.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Services Fixed Price Contract (Otter Tail Ag Enterprises, LLC), Engineering, Procurement and Construction Services Fixed Price Contract (Otter Tail Ag Enterprises, LLC)
Other Goods and Services. Owner shall also furnish to Xxxxxx MechanicalDelta-T, at Owner’s 's expense, all documents, drawings, specifications, information and services showing all existing structures, foundations and undergrounds in or adjacent to the Plant site that may be relevant to performance of the Work, if any; coordinates, bench marks and base lines for the land area and locations where all associated items of equipment, if any, are to be installed; the existence and location of subsurface obstructions and conditions; soil data and specific criteria subsurface information for Delta-T's use for foundation design relevant to the Work; adequate arrangement drawings, utility requirements and process connections of all those existing items of machinery and equipment of existing facilities, if any, with which the Work must interconnect or accommodate, sufficient for Xxxxxx Mechanical’s Delta-T's performance of the Work; and the specific emission, effluent and environmental criteria and requirements for the Work; and all other documents, drawings, specifications, information and services, if any, identified as within the Owner’s 's Scope of Services in Exhibit X. Xxxxxx Mechanical A. Delta-T shall be entitled to rely upon such data and design criteria in the performance of the Work. Owner shall provide all such items within the times prescribed in the Schedule, or if no time is prescribed, within the time reasonably required to allow Xxxxxx Mechanical Delta-T to perform its obligations under this contract. If no time is prescribed for Owner to provide such items, Delta-T shall provide reasonable written notice to Owner setting forth the date such item(s) are required. Furthermore, Xxxxxx Mechanical Delta-T shall have the right to receive from Owner reasonable written assurance, and evidence reasonably acceptable to Xxxxxx MechanicalDelta-T, that Owner is not aware of any physical, financial or legal matters that would prevent Owner from fulfilling its obligations hereunder or impede performance of the Parties obligations under this Contract in accordance with the Schedule. If Xxxxxx Mechanical Delta-T becomes aware of any error in a document, drawing, specification or other information supplied by Owner it will promptly notify Owner of the same. Xxxxxx Mechanical Delta-T shall, however, have no liability of any kind with respect to any en-or error of which it is not actually aware. In addition, Owner shall be fully responsible for providing all goods and services, if any, that become necessary as a result of the discovery of hazardous materials (unless such material were brought onto the Site by Delta-T or its subcontractors) or materials with archeological significance, provided that Xxxxxx Mechanical shall be responsible for any hazardous materials or hazardous substances released on the Site by Xxxxxx Mechanical or its Subcontractors.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Services Fixed Price Contract (Nedak Ethanol, LLC), Engineering, Procurement and Construction Services Contract (Nedak Ethanol, LLC)