RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall: 3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed; 3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor; 3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence; 3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective; 3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner; 3.7.6 obtain, provide and pay for the supply of Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11; 3.7.7 supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the Work, require Owner Contractors to comply with Contractor’s instructions and reasonable requests in support of the Work at the Job Site that do not conflict with an Owner Contract, and perform or cause to be performed the Owner Scope of Work, in each case, in accordance with the requirements set forth in Exhibit A; 3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunder; and 3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.), Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of (i) Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11, (ii) [***] MW of electricity from the electrical utility grid, (iii) [***] gallons/day potable water as required for construction activities for the Work, (iv) improvement of the Job Site “fastlands” drainage system and pumping station to provide drainage of the Job Site during construction without standing water and (v) relocation of power and utility lines along Louisiana State Highway 23 in accordance with the Project Schedule;
3.7.7 (a) supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Satellite Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the WorkFacility, require (b) cause Owner Contractors to comply with Contractor’s instructions correct, repair, or replace all defects and reasonable requests deficiencies in support of the Work at the Job Site that do not conflict with an Owner ContractFurnished Equipment and Materials, and (c) perform or cause to be performed the Owner Scope of Work, (d) with respect to Owner Furnished Equipment and Materials manufactured outside of the United States, cause such Owner Furnished Equipment and Materials to clear U.S. customs and Owner or Owner Contractor to be designated as the importer of record, in each case, in accordance with the requirements set forth in Exhibit A, applicable Law, Applicable Codes and Standards and the Permits; and (e) provide, or cause to be provided, relevant information and deliverables including, as applicable, system turnover packages from Owner Contractors that are obtainable under the Owner Contracts, as reasonably requested and to the extent not otherwise available to Contractor in the performance of its obligations hereunder;
3.7.8 during the period commencing on the LPS1 LPS5 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunderhereunder in accordance with applicable Law, Permits, and operation and maintenance manuals provided by Contractor and Owner Contractors; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of (i) Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11, (ii) [***] MW of electricity from the electrical utility grid, (iii) [***] gallons/day potable water as required for construction activities for the Work, (iv) improvement of the Job Site “fastlands” drainage system and pumping station to provide drainage of the Job Site during construction without standing water and (v) relocation of power and utility lines along Louisiana State Highway 23 in accordance with the Project Schedule;
3.7.7 (a) supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Satellite Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the WorkFacility, require (b) cause Owner Contractors to comply with Contractor’s instructions correct, repair, or replace all defects and reasonable requests deficiencies in support of the Work at the Job Site that do not conflict with an Owner ContractFurnished Equipment and Materials, and (c) perform or cause to be performed the Owner Scope of Work, (d) with respect to Owner Furnished Equipment and Materials manufactured outside of the United States, cause such Owner Furnished Equipment and Materials to clear U.S. customs and Owner or Owner Contractor to be designated as the importer of record, in each case, in accordance with the requirements set forth in Exhibit A, applicable Law, Applicable Codes and Standards and the Permits; and (e) provide, or cause to be provided, relevant information and deliverables including, as applicable, system turnover packages from Owner Contractors that are obtainable under the Owner Contracts, as reasonably requested and to the extent not otherwise available to Contractor in the performance of its obligations hereunder;
3.7.8 during the period commencing on the LPS1 LPS5 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunderhereunder in accordance with applicable Law, Permits, and operation and maintenance manuals provided by Contractor and Owner Contractors; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11;
3.7.7 supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the Work, require Owner Contractors to comply with Contractor’s instructions and reasonable requests in support of the Work at the Job Site that do not conflict with an Owner Contract, and perform or cause to be performed the Owner Scope of Work, in each case, in accordance with the requirements set forth in Exhibit A;
3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunder; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.other
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of (i) Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11, (ii) [***] MW of electricity from the electrical utility grid, (iii) [***] gallons/day potable water as required for construction activities for the Work, (iv) improvement of the Job Site “fastlands” drainage system and pumping station to provide drainage of the Job Site during construction without standing water and (v) relocation of power and utility lines along Louisiana State Highway 23 in accordance with the Project Schedule;
3.7.7 (a) supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Satellite Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the WorkFacility, require (b) cause Owner Contractors to comply with Contractor’s instructions correct, repair, or replace all defects and reasonable requests deficiencies in support of the Work at the Job Site that do not conflict with an Owner ContractFurnished Equipment and Materials, and (c) perform or cause to be performed the Owner Scope of Work, (d) with respect to Owner Furnished Equipment and Materials manufactured outside of the United States, cause such Owner Furnished Equipment and Materials to clear U.S. customs and Owner or Owner Contractor to be designated as the importer of record, in each case, in accordance with the requirements set forth in Exhibit A, applicable Law, Applicable Codes and Standards and the Permits; and (e) provide, or cause to be provided, relevant information and deliverables including, as applicable, system turnover packages from Owner Contractors that are obtainable under the Owner Contracts, as reasonably requested and to the extent not otherwise available to Contractor in the performance of its obligations hereunder;
3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunderhereunder in accordance with applicable Law, Permits, and operation and maintenance manuals provided by Contractor and Owner Contractors; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting 2.1 As part of this Agreement Owner agrees to assume the requirements following responsibilities:
(a) Owner shall maintain in full force and effect, in accordance with their respective terms, all guarantees, warranties, easements, permits, licenses and other similar approvals and consents received or granted to Owner as owner of all Facilities and component parts thereof;
(b) Owner shall be responsible for all capital replacement and major maintenance/repair expenditures which are defined as nonrecurring expenditures greater than $1,000, that Owner determines necessary and required, provided that PeopleService will first be consulted for justification and need;
(c) Owner shall be responsible for filing, obtaining, maintaining and paying for the NPDES permit for discharge of wastewater; and for filing all required reports under the Emergency Planning and Community Right-To-Know Act or any other provision statute or authority; provided, however, PeopleService shall assist Owner with preparing these filings and shall provide ongoing assistance regarding the maintenance of this Agreement, these permits;
(d) Owner shall:
3.7.1 furnish nonexclusive shall at all times provide access to the Job Site to Contractor from Facilities for PeopleService, its agents and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceedemployees;
3.7.2 (e) Owner shall provide legal rights for ingress to and egress from PeopleService the Job Site for Contractor and its Subcontractors use of all existing equipment owned by Owner, necessary for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the FacilityFacilities and warrants that such operating equipment is in good condition;
(f) Owner shall be responsible for all damage to the Facilities, which personnel components thereof, PeopleService equipment on site, and all resulting liability to any and all third parties, when such damage and/or liability are caused by flood, fire, acts of God or other force majeure events, civil disturbance, extreme cold temperatures, excessive subsoil moisture, or misuse of property to the extent Owner was negligent regarding the misuse of such property;
(g) Owner shall possess experience be responsible for all fines imposed for process upsets and education qualifications which in Owner’s determination are appropriate violations of discharge limits attributable to permit achievement the operation and maintenance of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause Facilities to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits extent set forth in Exhibit L that are identified Section 1.6 as Contractor Permitswell as fines imposed for failure to report as required by Section 2.1(c).
(h) and any other Permit required under applicable Law Owner shall designate an individual to be obtained by it act as liaison with PeopleService in connection with the operation performance of services by PeopleService under this Agreement;
(i) Owner shall be responsible for all property, excise and other taxes assessed on the Facilities; and
(j) Owner shall bear all costs incurred as a result of regulatory requirements not in effect on the Effective Date of this Agreement.
2.2 Owner shall maintain in full force and effect all existing policies of property and general liability insurance pertaining to the Facilities. Owner shall furnish PeopleService with Certificates of Insurance as evidence that such policies are in full force and effect under such policies. Such policies shall provide that no less than thirty (30) days' advance notice of cancellation, termination or alteration shall be sent directly to PeopleService and Owner.
2.3 Owner shall indemnify and hold PeopleService, its officers, employees and agents, harmless under this Agreement for any and all claims, damages, costs or expenses caused by malfunction or failure of the FacilityFacilities or any components thereof or other liability or loss including injury, death, or damages to any person or property related in any way to the performance of this Agreement to the extent such claims, damages, costs, expenses, liability or loss are caused by the negligent acts, errors or omissions of Owner. Upon receipt of any such PermitAdditionally, Owner shall promptly provide a copy of such Permit to Contractor. In additionindemnify PeopleService, Owner shall cooperate with Contractor in obtaining its officers, employees and agents harmless for any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support and all fines, penalties, attorney's fees and damages resulting from Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11;
3.7.7 supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the Work, require Owner Contractors 's failure to comply with Contractor’s instructions and reasonable requests in support permitting, reporting or other statutory or regulatory requirements which are the responsibility of the Work at Owner. This provision shall survive the Job Site that do not conflict with an Owner Contract, and perform or cause to be performed the Owner Scope termination of Work, in each case, in accordance with the requirements set forth in Exhibit A;
3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunder; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3this Agreement.
Appears in 1 contract
Samples: Operation and Maintenance Agreement
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11;
3.7.7 supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the Work, require Owner Contractors to comply with Contractor’s instructions and reasonable requests in support of the Work at the Job Site that do not conflict with an Owner Contract, and perform or cause to be performed the Owner Scope of Work, in each case, in accordance with the requirements set forth in Exhibit A;
3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunder; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)
RESPONSIBILITIES OF OWNER. Without limiting the requirements of any other provision of this Agreement, Owner shall:
3.7.1 furnish nonexclusive access to the Job Site to Contractor from and after the time of the issuance of the Notice to Proceed or, if expressly authorized in the Limited Notice to Proceed, the time of issuance of the Limited Notice to Proceed;
3.7.2 provide legal rights for ingress to and egress from the Job Site for Contractor and its Subcontractors for the performance of the Work and for the Owner Contractors and the Pipeline Contractor, consistent with Owner’s property rights with respect to the Job Site. During the progress of the Work, it will be necessary for Owner and Owner Contractors to work in or about the Job Site. In accordance with Section 3.2.2, Contractor shall afford such Owner Contractors reasonable access through and across the Job Site so as to not materially adversely interfere with or impede the progress and execution of work performed by such Owner Contractors in or about the Job Site. Contractor shall exercise good faith cooperation with the Owner Contractors and the Pipeline Contractor;
3.7.3 designate a single individual as Owner’s Representative to act as a single point of contact for Contractor, Owner Contractors and the Pipeline Contractor with respect to the prosecution of the Work. Any proposal, inspection, examination, testing, consent, approval or similar act by Owner’s Representative (including absence of disapproval) shall not relieve Contractor from any responsibility, including responsibility for its errors, omissions, discrepancies and non-compliance with the terms of this Agreement. Owner shall have the right to change the Owner’s Representative and/or modify his/her scope of responsibilities upon reasonable notice to Contractor. The Owner’s Representative shall be available at the Job Site and elsewhere, when reasonably required, at all reasonable times for consultation and, if absent, shall designate a suitable alternate to act as Owner’s Representative during such absence;
3.7.4 furnish personnel in accordance with Exhibit G for training, testing, operation and maintenance of the Facility, which personnel shall possess experience and education qualifications which in Owner’s determination are appropriate to permit achievement of the training objective;
3.7.5 with Contractor’s assistance, obtain or cause to be obtained in a timely manner the Permits listed in Exhibit L that are identified as Owner Permits (excluding for the avoidance of doubt the Permits set forth in Exhibit L that are identified as Contractor Permits) and any other Permit required under applicable Law to be obtained by it in connection with the operation of the Facility. Upon receipt of any such Permit, Owner shall promptly provide a copy of such Permit to Contractor. In addition, Owner shall cooperate with Contractor in obtaining any Permit required to be obtained by Contractor in the performance of the Work. Contractor shall provide information reasonably requested by Owner to support Owner’s prosecution of any pending application listed in Exhibit L in respect to the Work and shall perform the Work in compliance with all of the terms and conditions of each of the foregoing Permits. Following Owner’s request, Contractor, on behalf of either Owner or itself, shall timely prepare and file all progress and other reports and any amendments as may be required by or in connection with said Permits and shall otherwise coordinate with any relevant Government Authority as requested by Owner;
3.7.6 obtain, provide and pay for the supply of (i) Feed Gas in accordance with Exhibit A and with the Feed Gas schedule prepared by Contractor in accordance with Section 3.8.11, (ii) [***] MW of electricity from the electrical utility grid, (iii) [***] gallons/day potable water as required for construction activities for the Work, (iv) improvement of the Job Site “fastlands” drainage system and pumping station to provide drainage of the Job Site during construction without standing water and (v) relocation of power and utility lines along Louisiana State Highway 23 in accordance with the Project Schedule;
3.7.7 (a) supply and, except as otherwise required in Exhibit A, deliver or cause to be delivered to the Job Site or a MOF Satellite Facility, as applicable, all of the Owner Furnished Equipment and Materials to be incorporated into the WorkFacility, require (b) cause Owner Contractors to comply with Contractor’s instructions correct, repair, or replace all defects and reasonable requests deficiencies in support of the Work at the Job Site that do not conflict with an Owner ContractFurnished Equipment and Materials, and (c) perform or cause to be performed the Owner Scope of Work, (d) with respect to Owner Furnished Equipment and Materials manufactured outside of the United States, cause such Owner Furnished Equipment and Materials to clear U.S. customs and Owner or Owner Contractor to be designated as the importer of record, in each case, in accordance with the requirements set forth in Exhibit A, applicable Law, Applicable Codes and Standards and the Permits; and (e) provide, or cause to be provided, relevant information and deliverables including, as applicable, system turnover packages from Owner Contractors that are obtainable under the Owner Contracts, as reasonably requested and to the extent not otherwise available to Contractor in the performance of its obligations hereunder;
3.7.8 during the period commencing on the LPS1 Substantial Completion Date and ending upon the Facility Substantial Completion Date, operate and maintain each LNG Production System Handover Package for which it has assumed care, custody and control hereunderhereunder in accordance with applicable Law, Permits, and operation and maintenance manuals provided by Contractor and Owner Contractors; and
3.7.9 obtain and maintain the insurance set forth in Section 26.3.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Agreement (Venture Global, Inc.)