Common use of Parties to the Transaction Clause in Contracts

Parties to the Transaction. (a) The parties to this Agreement are the Department and the Concessionaire. The Concessionaire shall be accountable for delivering on the undertakings described in, and for delivery of executed copies of the Project Agreements described in, (b) through (d) of this Section and in Section 3.03 to the Department as well as for other responsibilities of the Concessionaire described in this Agreement. (b) The parties to other Project Agreements will include, among others: Fluor Lane, LLC, as the Design Build Contractor under the Design-Build Contract; Fluor Corporation, a Delaware corporation, as Contractor Guarantor of the Design Build Contractor’s obligations under the Design-Build Contract (the “Contractor Guarantor”), the O&M Contractor, to whom the Concessionaire will delegate certain responsibilities related to the operations and maintenance services for the Project, as well as such other private sector entities agreed to by the Concessionaire as are acceptable to the Department as parties to other Project Agreements and Project Financing Agreements. (c) The Contractor Guarantor shall guarantee to the Concessionaire and the Department the performance and completion of all of the Design Build Contractor’s obligations under the Design-Build Contract (including, but not limited to, its warranty and indemnification obligations), in accordance with the provisions of the Completion Guaranty. (d) The Concessionaire intends to delegate to the O&M Contractor the performance of its operations and maintenance services obligations as provided in this Agreement and the other Project Agreements, pursuant to a business operations agreement (the “Operations and Support Services Agreement”) in substantially the form attached to this Agreement as Exhibit C. Despite such delegation, the Concessionaire remains responsible for the performance of its obligations under this Agreement and the other Project Agreements.

Parties to the Transaction. (a) The parties to this Agreement are the Department and the Concessionaire. The Concessionaire shall be accountable for delivering on the undertakings described in, and for delivery of executed copies of the Project Agreements described in, (b) through (d) of this Section and in Section 3.03 to the Department as well as for other responsibilities of the Concessionaire described in this Agreement. (b) The parties to other Project Agreements will include, among others: Fluor Lane, LLC, as the Design Original Design-Build Contractor under the Original Design-Build Contract; Fluor Corporation, a Delaware corporationcorporation (“Fluor Corporation”), as the Original Contractor Guarantor of the Design Original Design-Build Contractor’s obligations under the Original Design-Build Contract (the “Original Contractor Guarantor”) for the Original Project; The Lane Construction Corporation, as the NEXT Design- Build Contractor under the NEXT Design-Build Contract; Webuild SpA, as the NEXT Contractor Guarantor of the NEXT Design-Build Contractor’s obligations under the Original Design-Build Contract (the “NEXT Contractor Guarantor”), ; the O&M Contractor, to whom the Concessionaire will delegate certain responsibilities related to the operations and maintenance services for the Project, as well as such other private sector entities agreed to by the Concessionaire as are acceptable to the Department as parties to other Project Agreements and Project Financing Agreements. (c) The Original Contractor Guarantor shall guarantee to the Concessionaire and the Department the performance and completion of all of the Design Original Design-Build Contractor’s obligations under the Original Design-Build Contract (including, but not limited to, its warranty and indemnification obligations), in accordance with the provisions of the Original Completion Guaranty. The NEXT Contractor Guarantor shall guarantee to the Concessionaire and the Department the performance and completion of all of the NEXT Design-Build Contractor’s obligations under the NEXT Design-Build Contract (including, but not limited to, its warranty and indemnification obligations), in accordance with the provisions of the NEXT Completion Guaranty. (d) The Concessionaire intends to delegate has delegated to the O&M Contractor the performance of its operations and maintenance services obligations as provided in this Agreement and the other Project Agreements, pursuant to a business operations agreement (the “Operations and Support Services Agreement”) in substantially the form attached to this Agreement as Exhibit C. C as of the Second Amended and Restated Agreement Date, as amended, amended and restated, supplemented or otherwise modified from time to time, the “Operations and Support Services Agreement”). Despite such delegation, the Concessionaire remains responsible for the performance of its obligations under this Agreement and the other Project Agreements.