Common use of Right of Way Acquisition Obligations Clause in Contracts

Right of Way Acquisition Obligations. The Concessionaire will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire will carry out such Work as follows: (i) the Concessionaire will carry out the Work specified in this Agreement, in each case in accordance with the Technical Requirements and all applicable Laws; (ii) the Concessionaire will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 of the Code of Virginia; (iii) the Concessionaire will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the Concessionaire, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) the Concessionaire will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Concessionaire will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.

Right of Way Acquisition Obligations. The Concessionaire Developer will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire Developer will carry out such Work as follows: (i) the Concessionaire Developer will carry out the Work specified in this Agreementherein, in each case in accordance with the Technical Requirements and all applicable Laws; (ii) the Concessionaire Developer will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 of the Code of Virginia; (iii) the Concessionaire Developer will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the ConcessionaireDeveloper, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term;accommodate (iv) Without prejudice to its rights hereunder, the Concessionaire Developer will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire Developer has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department Developer will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Concessionaire Developer will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State Commonwealth and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.

Right of Way Acquisition Obligations. The Concessionaire will perform all Work related to the acquisition of Project ROW Acquisition Work Right of Way necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire will carry out such Work as follows: (i) the Concessionaire will carry out the Work specified in this Agreementherein, in each case in accordance with the Technical Requirements and all applicable Federal and State Laws; (ii) the Concessionaire will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 33.1 of the Code of Virginia; (iii) the Concessionaire will submit a ROW Right of Way Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted (as defined in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely ) for the convenience of the Concessionaire, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project AssetsDepartment’s approval. The ROW Right of Way Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Right of Way Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties In the event the Department fails to respond in 21 Days, such failure by the Department will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s not be deemed approval of the ROW Right of Way Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Right of Way Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) the Concessionaire will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department Concessionaire will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; andand EXECUTION VERSION – DECEMBER 5, 2011 (vi) the Concessionaire will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.

Right of Way Acquisition Obligations. The Concessionaire will perform all Work related to the acquisition of Project ROW Acquisition Work Right of Way necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire will carry out such Work as follows: (i) the Concessionaire will carry out the Work specified in this Agreementherein, in each case in accordance with the Technical Requirements and all applicable Federal and State Laws; (ii) the Concessionaire will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 33.1 of the Code of Virginia; (iii) the Concessionaire will submit a ROW Right of Way Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted (as defined in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely ) for the convenience of the Concessionaire, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project AssetsDepartment’s approval. The ROW Right of Way Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Right of Way Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties In the event the Department fails to respond in 21 Days, such failure by the Department will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s not be deemed approval of the ROW Right of Way Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Right of Way Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) the Concessionaire will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department Concessionaire will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Concessionaire will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.

Right of Way Acquisition Obligations. The Concessionaire Developer will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire Developer will carry out such Work as follows: (i) the Concessionaire Developer will carry out the Work specified in this Agreementherein, in each case in accordance with the Technical Requirements and all applicable Laws; (ii) the Concessionaire Developer will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 33.1 of the Code of Virginia; (iii) the Concessionaire Developer will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the ConcessionaireDeveloper, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) the Concessionaire Developer will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire Developer has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department Developer will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Concessionaire Developer will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State Commonwealth and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.

Right of Way Acquisition Obligations. The Concessionaire will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Concessionaire will carry out such Work as follows: (i) the Concessionaire will carry out the Work specified in this Agreement, in each case in accordance with the Technical Requirements and all applicable Laws; (ii) the Concessionaire will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 33.1 of the Code of Virginia;; 00 XXXXXX #00000000 x00 (iiixxx) the Concessionaire will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the Concessionaire, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan; provided that the deemed approval provisions of Section 10.05(e) will not apply to the approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) the Concessionaire will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Concessionaire has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Department Concessionaire will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Concessionaire will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the State and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.