Common use of Renewal Work Clause in Contracts

Renewal Work. 5.5.1 Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such performance measures and standards. Developer also shall perform Renewal Work according to the other applicable terms of the Technical Volumes, including, when applicable, the Handback Requirements. Developer shall use the Renewal Work Schedule, as updated from time to time, for scheduling and performing Renewal Work. 5.5.2 No later than [90] days after the end of each Calendar Year, Developer shall deliver to the Department a written report of the Renewal Work performed as required under [Section of Division __]. The report also shall set forth the total draws and deposits made from and to the Renewal Work Reserve in the immediately preceding Calendar Year and the date, amount and use of each draw (including any use for Compliance Work or Handback Requirements work). 5.5.3 If at any time the Department determines that Developer has failed to complete any part of the Renewal Work within the time required under the Contract Documents, the Department shall give written notice thereof to Developer. If Developer has failed to complete the Renewal Work within [30] days after the Department delivers such notice, then the Department shall have the right, but not the obligation, to perform and complete such Renewal Work at the expense and for the account of Developer, and to make draws from the Renewal Work Reserve to pay the costs of such action, subject to the Lenders’ rights to cure such failure and the Lenders’ rights in and to the Renewal Work Reserve established in the Financing Documents. If the amounts in the Renewal Work Reserve are insufficient or the Department is unable to make draws from the Renewal Work Reserve, the Department shall have the right to use and apply payments otherwise payable to Developer by the Department under this Agreement to pay the costs of such action. The foregoing remedy is in addition to any other remedies available to the Department under the Contract Documents on account of such failure, including the assessment of Noncompliance Points, and its right to intervene immediately and without notice to address Safety Compliance. 5.5.4 Developer may, by notice to the Department, object to any demand by the Department under Section 5.5.3 on the grounds that Developer has completed the Renewal Work specified in the Department’s demand or that such Renewal Work is not then required, which notice shall give details of the grounds for objection. Promptly after the delivery of any such notice, the Parties will endeavor to reach agreement as to any matters referred to in the notice. If no agreement is reached as to any such matter within [30] days after Developer delivers such notice, either Party may refer the matter for resolution in accordance with the Dispute Resolution Procedures.

Renewal Work. ‌ 5.5.1 Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such the performance measures measures, standards and standardsrequirements set forth in the Technical Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical VolumesRequirements, including, when applicable, the Handback Requirements. . 5.5.2 Developer shall use the Renewal Work Plan, including Renewal Work Schedule, as updated from time to time, for scheduling and performing Renewal Work. 5.5.2 No later than [90] days after the end of each Calendar Year, 5.5.3 Developer shall annually prepare and deliver to the Department a written report of Renewal Work Report which, among other things, shall describe the Renewal Work performed as required under [in the preceding Fiscal Year. Certain requirements for the Renewal Work Report (e.g., submittal schedule and component parts) are described in Section 4, 1 of Division __]II. The report Renewal Work Report also shall set forth the total draws and deposits made from and to the Renewal Work Reserve in the immediately preceding Calendar Fiscal Year and the date, amount and use of each draw (including any use for Compliance Work or Handback Requirements work). 5.5.3 5.5.4 If at any time the Department determines that Developer has failed to complete any part of the Renewal Work within the time required under the Contract Documents, the Renewal Work Plan, or the Renewal Work Schedule, the Department shall give written notice thereof to Developer. If Developer has failed to complete the Renewal Work within [30] 90 days after the Department delivers such notice, then the Department shall have the right, but not the obligation, to perform and complete such Renewal Work at the expense and for the account of Developer, and to make draws from the Renewal Work Reserve to pay the costs of such action, subject to the Lenders’ rights to cure such failure and the Lenders’ rights in and to the Renewal Work Reserve established in the Financing Documents. If the amounts in the Renewal Work Reserve are insufficient or the Department is unable to make draws from the Renewal Work Reserve, the Department shall have the right to use and apply payments otherwise payable to Developer by the Department under this Agreement to pay the costs of such action. The foregoing remedy is in addition to any other remedies available to the Department under the Contract Documents on account of such failure, including the assessment of Noncompliance Points, and its right to intervene immediately and without notice to address Developer failures regarding Safety Standards, Safety Compliance., uses or Closures.‌ 5.5.4 5.5.5 Developer may, by notice to the Department, object to any demand by the Department under Section 5.5.3 on the grounds that Developer has completed the Renewal Work specified in the Department’s demand or that such Renewal Work is not then required, which notice shall give details of the grounds for objection. Promptly after the delivery of any such notice, the Parties will endeavor to reach agreement as to any matters referred to in the notice. If no agreement is reached as to any such matter within [30] 30 days after Developer delivers such notice, either Party may refer the matter for resolution in accordance with according to the Dispute Resolution Procedures.

Renewal Work. 5.5.1 Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such the performance measures measures, standards and standardsrequirements set forth in the Technical Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical VolumesRequirements, including, when applicable, the Handback Requirements. . 5.5.2 Developer shall use the Renewal Work Plan, including Renewal Work Schedule, as updated from time to time, for scheduling and performing Renewal Work. 5.5.2 No later than [90] days after the end of each Calendar Year, 5.5.3 Developer shall annually prepare and deliver to the Department a written report of Renewal Work Report which, among other things, shall describe the Renewal Work performed as required under [in the preceding Fiscal Year. Certain requirements for the Renewal Work Report (e.g., submittal schedule and component parts) are described in Section 4, 1 of Division __]II. The report Renewal Work Report also shall set forth the total draws and deposits made from and to the Renewal Work Reserve in the immediately preceding Calendar Fiscal Year and the date, amount and use of each draw (including any use for Compliance Work or Handback Requirements work). 5.5.3 5.5.4 If at any time the Department determines that Developer has failed to complete any part of the Renewal Work within the time required under the Contract Documents, the Renewal Work Plan, or the Renewal Work Schedule, the Department shall give written notice thereof to Developer. If Developer has failed to complete the Renewal Work within [30] 90 days after the Department delivers such notice, then the Department shall have the right, but not the obligation, to perform and complete such Renewal Work at the expense and for the account of Developer, and to make draws from the Renewal Work Reserve to pay the costs of such action, subject to the Lenders’ rights to cure such failure and the Lenders’ rights in and to the Renewal Work Reserve established in the Financing DocumentsDocuments (provided such rights comply with Section 15.4.10). If the amounts in the Renewal Work Reserve are insufficient or the Department is unable to make draws from the Renewal Work Reserve, the Department shall have the right to use and apply payments otherwise payable to Developer by the Department under this Agreement to pay the costs of such action. The foregoing remedy is in addition to any other remedies available to the Department under the Contract Documents on account of such failure, including the assessment of Noncompliance Points, and its right to intervene immediately and without notice to address Developer failures regarding Safety Standards, Safety Compliance, uses or Closures. 5.5.4 5.5.5 Developer may, by notice to the Department, object to any demand by the Department under Section 5.5.3 on the grounds that Developer has completed the Renewal Work specified in the Department’s demand or that such Renewal Work is not then required, which notice shall give details of the grounds for objection. Promptly after the delivery of any such notice, the Parties will endeavor to reach agreement as to any matters referred to in the notice. If no agreement is reached as to any such matter within [30] 30 days after Developer delivers such notice, either Party may refer the matter for resolution in accordance with according to the Dispute Resolution Procedures.

Renewal Work. 5.5.1 Developer shall diligently perform Renewal Work as and when necessary to maintain compliance with such the performance measures measures, standards and standardsrequirements set forth in the Technical Requirements. Developer also shall perform Renewal Work according to the other applicable terms of the Technical VolumesRequirements, including, when applicable, the Handback Requirements. . 5.5.2 Developer shall use the Renewal Work Plan, including Renewal Work Schedule, as updated from time to time, for scheduling and performing Renewal Work. 5.5.2 No later than [90] days after the end of each Calendar Year, 5.5.3 Developer shall annually prepare and deliver to the Department a written report of Renewal Work Report which, among other things, shall describe the Renewal Work performed as required under [in the preceding Fiscal Year. Certain requirements for the Renewal Work Report (e.g., submittal schedule and component parts) are described in Section 4, 1 of Division __]II. The report Renewal Work Report also shall set forth the total draws and deposits made from and to the Renewal Work Reserve in the immediately preceding Calendar Fiscal Year and the date, amount and use of each draw (including any use for Compliance Work or Handback Requirements work). 5.5.3 5.5.4 If at any time the Department determines that Developer has failed to complete any part of the Renewal Work within the time required under the Contract Documents, the Renewal Work Plan, or the Renewal Work Schedule, the Department shall give written notice thereof to Developer. If Developer has failed to complete the Renewal Work within [30] 30 days after the Department delivers such notice, then the Department shall have the right, but not the obligation, to perform and complete such Renewal Work at the expense and for the account of Developer, and to make draws from the Renewal Work Reserve to pay the costs of such action, subject to the Lenders’ rights to cure such failure and the Lenders’ rights in and to the Renewal Work Reserve established in the Financing Documents. If the amounts in the Renewal Work Reserve are insufficient or the Department is unable to make draws from the Renewal Work Reserve, the Department shall have the right to use and apply payments otherwise payable to Developer by the Department under this Agreement to pay the costs of such action. The foregoing remedy is in addition to any other remedies available to the Department under the Contract Documents on account of such failure, including the assessment of Noncompliance Points, and its right to intervene immediately and without notice to address Developer failures regarding Safety Standards, Safety Compliance, uses or Closures. 5.5.4 5.5.5 Developer may, by notice to the Department, object to any demand by the Department under Section 5.5.3 on the grounds that Developer has completed the Renewal Work specified in the Department’s demand or that such Renewal Work is not then required, which notice shall give details of the grounds for objection. Promptly after the delivery of any such notice, the Parties will endeavor to reach agreement as to any matters referred to in the notice. If no agreement is reached as to any such matter within [30] 30 days after Developer delivers such notice, either Party may refer the matter for resolution in accordance with according to the Dispute Resolution Procedures.