Practicability of Performance. The Design and Construction Requirements, the technology and the construction management practices to be employed in the Design-Build Work are furnished exclusively by the Design-Builder and its Subcontractors pursuant to the terms of this Design-Build Agreement, and the Design-Builder assumes and shall have exclusive responsibility for their efficacy, notwithstanding the involvement of the Owner in the development of the Design and Construction Requirements, Acceptance Test Procedures or design and construction reviews. The Design-Builder assumes the risk of the practicability and possibility of performance of the Design-Build Improvements on the scale, within the time for completion, and in the manner required hereunder, even though such performance may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Uncontrollable Circumstances) which may be different from those assumed by the Design- Builder in entering into this Design-Build Agreement, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Design-Build Price. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance.
Practicability of Performance. The ICI Design and Construction Requirem ents, the technology and the construction and management practices to be employed in the construction of the Initial Capital Improvements and operation of the Incineration Facilities as so improved are furnished exclusively by the Lessee pursuant to the terms of this Lease Agreement, and the Lessee assum es and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design principles or other terms and con ditions in the RFP or the n egotiation of the terms of the ICI D esign and Construction Requirements, ICI Acceptan ce Test Procedures and Standards, and Perform ance Guarantees between the Lessee an d the Lessor. The Lessee assumes the risk of the practicability and possibility of performance of the Initial Capital Improvem ents on the scale, within the time for completion and in the m anner required hereunder, and of incinerating Incinerator Sludge through the operation of the Incineration Facilities as so improved in a manner w hich meets all of the requirements hereof, even though such performance and operation may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Uncontrollable Circumstances) which m ay be different from those assumed by the Lessee in entering into this Lease Agreement, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed ICI Design/Build Price and terms establishing the Lessee's rental payment obligations hereunder. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncon trollable Circumstance.
Practicability of Performance. The designs to be employed in Phase I of the Landfill are furnished by the County and the County assumes responsibility for their efficacy. The designs and technology to be employed in the construction of the Design/Build Improvements of Phases II through V are being furnished exclusively by the Company pursuant to the terms of this Agreement, and the Company assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design drawings, specifications, design principles or other terms and conditions in the RFP or the negotiation of the terms of the Minimum Technical Requirements, testing procedures and standards, and Performance Guarantees between the Company and the County. For Phases II through V, the Company assumes the risk of the practicability and possibility of performance of the Design/Build Improvements on the scale, within the time for completion and in the manner required hereunder, and of disposal of solid waste through the operation of the Managed Assets as so improved in a manner which meets all of the requirements hereof, even though such performance and operation may involve technological or market breakthroughs or overcoming facts, events or circumstances which may be different from those assumed by the Company in entering into this Agreement, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Service Fee. . No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance; and
Practicability of Performance. Subject to, and in accordance with, the express terms of this Agreement, the Contractor assumes the risk of the practicability and possibility of performance of its Contract Obligations in compliance with the requirements of this Agreement and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Practicability of Performance. Subject to, and in accordance with, the terms of this Design-Build Contract, the Design-Builder assumes the risk of the practicability and possibility of performance of the Contract Obligations in compliance with the requirements of the Contract Standards on the scale, within the time for completion, and in the manner required hereunder, and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Practicability of Performance. Subject to, and in accordance with, the terms of this Project Agreement, the Project Company assumes the risk of the practicability and possibility of performance of the Contract Obligations in compliance with the requirements of the Contract Standards on the scale, within the time for completion, and in the manner required hereunder, and agrees that sufficient consideration for the assumption of such risk is included in the Contract Compensation.
Practicability of Performance. The Company assumes and shall have exclusive responsibility for the construction and operation of the Treatment Facility and the construction of the Related Components. The Company (1) assumes the risk of the practicability and possibility of performance of the Treatment Facility and Related Components on the scale required hereunder, (2) assumes the risk of supplying Treated Water through the operation of the Treatment Facility which meets all of the requirements hereof even though such performance and supply may involve technological or market breakthroughs or overcoming facts, events or circumstances which may be different from those assumed by the Company in entering into this Agreement, and (3) agrees that sufficient consideration for the assumption of such risks and duties is included in the Construction Price and the Service Fee. The Company's warranties in this paragraph shall apply notwithstanding the occurrence of any Uncontrollable Circumstance other than those specifically enumerated in item (1) of the definition thereof.
Practicability of Performance. The Design Requirements, the Supplemental Technical Information, the technology and the construction and management practices to be employed in the design, construction and operation of the Facilities are furnished exclusively by the DBE and its Subcontractors pursuant to the terms of this Contract, and the DBE assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design principles or other terms and conditions in the RFP or the clarification of the terms of the Design Requirements, the Supplemental Technical Information, Acceptance Test Procedures and Standards, and Performance Guarantees between the DBE and WRD. The DBE assumes the risk of the practicability and possibility of performance of the Facilities on the scale, within the time for completion and in the manner required hereunder, and of treating Feed Water and supplying Finished Water through the operation of the Facilities in a manner which meets all of the requirements hereof, even though such performance and operation may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Unforeseen Conditions) which may be different from those assumed by the DBE in entering into this Contract, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed Design Build Price and the Service Fee. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Unforeseen Condition.
Practicability of Performance. The Design-Build Contractor assumes and shall have exclusive responsibility for the Technical Specifications and the technology to be employed in the construction of the Project, and for their efficacy, notwithstanding the negotiation of the terms of the Technical Specifications and Acceptance Standards with the Sewer District. The Design-Build Contractor (1) assumes the risk of the practicability and possibility of performance of the Odor Control System and Improvements on the scale required hereunder and (2) agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed Design-Build Price. The Design-Build Contractor’s warranties in this paragraph shall apply notwithstanding the occurrence of any Uncontrollable Circumstance other than those specifically enumerated in item (1) of the definition thereto.
Practicability of Performance. The Technical Specification, the technology and the construction practices to be employed in the design and construction of the Design-Build Improvements is furnished exclusively by the Company and its Subcontractors pursuant to the terms of this Design-Build Contract, and the Company assumes and shall have exclusive responsibility for their efficacy, notwithstanding the inclusion of design principles or other terms and conditions in the RFP or the clarification or negotiation of the terms of the Technical Specifications, and Acceptance Test Procedures and Standards, or warranties between the Company and the City. The Company assumes the risk of the practicability and possibility of performance of the Design-Build Improvements on the scale, within the time for completion and in the manner required hereunder, and of treating wastewater in a manner which meets all of the requirements hereof, even though such performance may involve technological or market breakthroughs or overcoming facts, events or circumstances (other than Uncontrollable Circumstances) which may be different from those assumed by the Company in entering into this Design-Build Contract, and agrees that sufficient consideration for the assumption of such risks and duties is included in the Fixed Design-Build Price. No impracticability or impossibility of any of the foregoing shall be deemed to constitute an Uncontrollable Circumstance.
