Risk of Loss or Damage; Maintenance During Construction Period Sample Clauses

Risk of Loss or Damage; Maintenance During Construction Period. 3.20.1 Commencing upon issuance of NTP2, Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of the Project, Developer shall be responsible for the O&M After Substantial Completion for Phase 1 pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the Project, except that Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and (b) maintenance of mitigation sites in accordance with the Environmental Compliance and Mitigation Plan required by Section 4.3.2 of the Technical Provisions and any other extended maintenance responsibilities set forth in the Technical Provisions, including landscape maintenance during the establishment period in accordance with Good Industry Practice. This Section 3.20.1 shall not apply to, or limit Developer’s obligations, under Section 5 of this Agreement. 3.20.2 Developer shall maintain, rebuild, repair, restore or replace all D&C Work, including Design Documents, Construction Documents, materials, equipment, supplies and maintenance equipment which are purchased for permanent installation in, or for use during construction of the Project that is injured or damaged prior to the date that Developer’s maintenance responsibility ends as set forth in Section 3.20.1, regardless of who has title thereto under the Contract Documents and regardless of the cause of the damage or injury, at no additional cost to TxDOT, except to the extent that TxDOT is responsible for such costs in accordance with the express terms of this Agreement. Developer, at its cost, shall also have sole responsibility during such periods for rebuilding, repairing and restoring all Project- related property and any other property controlled by any Developer-Related Entity within the Project ROW whether owned by Developer, TxDOT or any other Person; provided however, Developer shall not be responsible for rebuilding, repairing and ...
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Risk of Loss or Damage; Maintenance During Construction Period. 3.20.1 Commencing upon issuance of NTP2, Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1 of the Project, Developer shall be responsible for the O&M Work for Phase 1 pursuant to the terms of the Contract Documents. Developer shall be relieved from responsibility for maintenance of Phase 2 of the Project relating to the D&C Work completed and accepted at Substantial Completion of Phase 2 of the Project, except that Developer shall be responsible for: (a) maintenance of improvements owned by third parties until control of and maintenance responsibility for such improvements has been formally transferred to the third parties, and
Sample 1
Risk of Loss or Damage; Maintenance During Construction Period. 3.20.1 Commencing upon issuance of NTP1, Developer shall be responsible for maintenance of the Phase 1 D&C Work and the Project Site other than the Existing Harbor Bridge in accordance with Section 19 of the Technical Provisions. Commencing upon issuance of NTP3, Developer shall be responsible for maintenance of the Phase 2 D&C Work and the Existing Harbor Bridge. Upon Substantial Completion of Phase 1
Sample 1

Related to Risk of Loss or Damage; Maintenance During Construction Period

  • Maintenance during Construction Period (i) During the Construction Period, the Contractor shall maintain, at its cost, the existing lane(s) of the Project Highway so that the traffic worthiness and safety thereof are at no time materially inferior as compared to their condition on Appointed Date, and shall undertake the necessary repair and maintenance works for this purpose; provided that the Contractor may, at its cost, interrupt and divert the flow of traffic if such interruption and diversion is necessary for the efficient progress of Works and conforms to Good Industry Practice; provided further that such interruption and diversion shall be undertaken by the Contractor only with the prior written approval of the Authority’s Engineer which approval shall not be unreasonably withheld. For the avoidance of doubt, it is agreed that the Contractor shall at all times be responsible for ensuring safe operation of the Project Highway. It is further agreed that in the event the Project includes construction of a bypass or tunnel and realignment of the existing carriageway, the Contractor shall maintain the existing highway in such sections until the new Works are open to traffic. (ii) Notwithstanding anything to the contrary contained in this Agreement, in the event of default by the Contractor in discharging the obligations specified in Clause 10.4 (i) above, the Authority shall get these maintenance works completed in the manner recommended by the Authority’s Engineer to avoid public inconvenience at the risk and cost of the Contractor in order to keep the road in traffic worthy condition.

  • Delays during construction Without prejudice to the provisions of Clause 10.3 (ii), in the event the Contractor does not achieve any of the Project Milestones or the Authority’s Engineer shall have reasonably determined that the rate of progress of Works is such that Completion of the Project Highway is not likely to be achieved by the end of the Scheduled Completion Date, it shall notify the same to the Contractor, and the Contractor shall, within 15 (fifteen) days of such notice, by a communication inform the Authority’s Engineer in reasonable detail about the steps it proposes to take to expedite progress and the period within which it shall achieve the Project Completion Date.

  • Routine Maintenance, Construction, and Repair The NYISO or Connecting Transmission Owner may interrupt interconnection service or curtail the output of the Small Generating Facility and temporarily disconnect the Small Generating Facility from the New York State Transmission System or Distribution System when necessary for routine maintenance, construction, and repairs on the New York State Transmission System or Distribution System. The NYISO or the Connecting Transmission Owner shall provide the Interconnection Customer with five Business Days notice prior to such interruption. The NYISO and Connecting Transmission Owner shall use Reasonable Efforts to coordinate such reduction or temporary disconnection with the Interconnection Customer.

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