Common use of Permitting and Regulatory Approvals Clause in Contracts

Permitting and Regulatory Approvals. Provider includes duration of forty (40) working days for Phase 1 schools and one hundred (100) working days for Phase 2 Schools for approvals by the Division of State Architect in its project schedule. Provider will not be responsible for construction delays caused by permit and approval requirements outside of its control. Such delays will entitle Provider to a time extension in the amount of time over our plan for obtaining required DSA approvals. Provider assumes existing site is zoned for solar electric installation per Provider’s design requirements and will not have to be re-zoned. Provider also assumes that there will be no issues with any easements (such as roads), right-of-ways, bridges, utility power lines, etc. Provider assumes all campuses have a max wind speed 85mph 3 sec wind gust. Special permits, approval requirements, monitoring, compliance requirements, fees and certifications (such as CEQA applications, environmental impact report, wetlands delineation, water quality, archeological, endangered species, water rights, mineral rights, etc.) are excluded. All DSA and CGS fees are included in this Agreement. All costs for special inspections other than as required by DSA are excluded from this Agreement. Provider assumes site access for construction activities during standard working hours as provided in Section 3.1.3 above. Provider assumes there will be no issues with using onsite water as available for construction at no charge to Provider. Provider also assumes use of onsite bibs for water supply during construction. Provider assumes that District will provide power for onsite construction activities. In the event power is not readily available, Provider shall utilize a portable generator and shall ensure that generator will be of a type that emits low noise, in conformity with the Customer’s customary noise restrictions on the Site. Removal and disposal of any existing hazardous waste materials, contaminated soils, or any other unforeseen site conditions that require special handling are excluded from this Agreement. Changes to design or construction as a result of utilities and or hazards, underground or above ground, or any undocumented building upgrades are excluded from this Agreement. After Installation, Provider assumes that there is 24/7 access to existing electric utility meter and the future utility lockable disconnect location in accordance with the provisions of Section 4 of the Agreement.

Appears in 16 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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