Common use of Representations, Warranties and Covenants of Developer Clause in Contracts

Representations, Warranties and Covenants of Developer. 34 Developer makes the representations, warranties and covenants set forth in this 35 Section 2.3. 36 2.3.1 During all periods necessary for the performance of the Work, 37 Developer and its Subcontractors shall maintain all required authority, licenses, 1 registrations, professional ability, skills and capacity to perform the Work in accordance 2 with the requirements contained in the Contract Documents. 3 2.3.2 As of the Effective Date, based upon Developer’s Reasonable 4 Investigation, Developer has evaluated the constraints affecting design and construction 5 of the Project, including the limits of the Schematic ROW as well as the conditions of the 6 NEPA Approval, and has reasonable grounds for believing and does believe that the 7 Project can be designed and built within such constraints. 8 2.3.3 Developer has evaluated the feasibility of performing the D&C Work 11 forth in Exhibit 6 and the assumed NTP 3 Window, and has reasonable grounds for 15 Necessary Schematic ROW changes under Article 14. 16 2.3.4 Developer has evaluated the feasibility of performing the Maintenance 17 Services throughout the Maintenance Period and for the Maintenance Price and has 18 reasonable grounds for believing and does believe that such performance is feasible 19 and practicable. 20 2.3.5 Prior to the Proposal Due Date and in accordance with Good Industry

Representations, Warranties and Covenants of Developer. 34 26 Developer makes the representations, warranties and covenants set forth in this 35 27 Section 2.3. 36 28 2.3.1 During all periods necessary for the performance of the Work, 37 29 Developer and its Subcontractors shall maintain all required authority, licenses, 1 30 registrations, professional ability, skills and capacity to perform the Work in accordance 2 31 with the requirements contained in the Contract Documents. 3 32 2.3.2 As of the Effective Date, based upon Developer’s Reasonable 4 33 Investigation, Developer has evaluated the constraints affecting design and construction 5 34 of the Project, including the limits of the Schematic ROW as well as the conditions of the 6 35 NEPA Approval, and has reasonable grounds for believing and does believe that the 7 36 Project can be designed and built within such constraints. 8 1 2.3.3 Developer has evaluated the feasibility of performing the D&C Work 11 2 within the Completion Deadlines and for the D&C Price, accounting for constraints 3 affecting the Project, including the Maximum Allowable Cumulative Draw Schedule set 4 forth in Exhibit 6 and the assumed NTP 3 Window, and has reasonable grounds for 15 5 believing and does believe that such performance (including achievement of Substantial 6 Completion and Final Acceptance by the applicable Completion Deadlines for the D&C 7 Price) is feasible and practicable, subject to Developer’s right to seek relief for 8 Necessary Schematic ROW changes under Article 14. 16 2.3.4 Developer has evaluated the feasibility of performing the Maintenance 17 Services throughout the Maintenance Period and for the Maintenance Price and has 18 reasonable grounds for believing and does believe that such performance is feasible 19 . 12 and practicable. 20 2.3.5 Prior to the Proposal Due Date and in accordance with Good Industry