Common use of Storm Water Discharge Permits Clause in Contracts

Storm Water Discharge Permits. Unless otherwise directed in writing by the Owner, the provisions of this Paragraph 9.4 shall apply and the Contractor shall have and perform the duties, obligations and responsibilities of the Contractor set forth herein. The Owner has contracted with the Architect to: (i) prepare the Erosion, Sedimentation and Pollution Control Plan in accordance with the State of Georgia Department of Natural Resources Environmental Protection Division storm water discharge permit (the “DNREPDSWD Permit”); (ii) perform the initial inspection of the installation of the control measures set forth in the Erosion, Sedimentation and Pollution Control Plan in accordance with the DNREPDSWD Permit; (iii) perform the weekly inspections and inspections after rain (or other precipitation) as are required by the DNREPDSWD Permit; and (iv) perform the duties, obligations and responsibilities of the “design professional” under the DNREPDSWD Permit. As used in the immediately preceding sentence, the term “design professional” shall have the meaning ascribed to it in the DNREPDSWD Permit. Excepting only the foregoing items (i) through (iv) performed by the Architect, the Contractor shall provide, satisfy or otherwise comply with all applicable requirements and conditions of the DNREPDSWD Permit, including, without limitation, all notices, fees, plan implementation, monitoring, sampling, inspections, reports, record keeping, submittals and any other requirements and conditions of the DNREPDSWD Permit. The Contractor’s duties and obligations shall not be relieved by any duties of the Architect. The Contractor shall timely notify the Architect of any rain or other precipitation requiring the inspections referred to in item (iii) above so as to facilitate the Architect’s timely performance of such inspections. The Contractor shall timely notify the Owner and Architect of any failure by the Architect to timely perform the inspections referred to in item (iii) above.

Storm Water Discharge Permits. Unless Any provision of this Agreement to the contrary notwithstanding, and unless otherwise directed in writing by the Owner, the provisions of this Paragraph 9.4 paragraph 4.8 shall apply and the Contractor Construction Manager shall have and perform the duties, obligations and responsibilities of the Contractor Construction Manager set forth herein. The Owner has contracted with the Architect to: (i) prepare the Erosion, Sedimentation and Pollution Control Plan in accordance with the State of Georgia Department of Natural Resources Environmental Protection Division storm water discharge permit (the “DNREPDSWD Permit”); (ii) perform the initial inspection of the installation of the control measures set forth in the Erosion, Sedimentation and Pollution Control Plan in accordance with the DNREPDSWD Permit; (iii) perform the weekly inspections and inspections after rain (or other precipitation) as are required by the DNREPDSWD Permit; and (iv) perform the duties, obligations and responsibilities of the “design professional” under the DNREPDSWD Permit. As used in the immediately preceding sentence, the term “design professional” shall have the meaning ascribed to it in the DNREPDSWD Permit. Excepting only the foregoing items (i) through (iv) performed by the Architect, the Contractor Construction Manager shall provide, satisfy or otherwise comply with all applicable requirements and conditions of the DNREPDSWD Permit, including, without limitation, all notices, fees, plan implementation, monitoring, sampling, inspections, reports, record keeping, submittals and any other requirements and conditions of the DNREPDSWD Permit. The ContractorConstruction Manager’s duties and obligations shall not be relieved by any duties of the Architect. The Contractor Construction Manager shall timely notify the Architect of any rain or other precipitation requiring the inspections referred to in item (iii) above so as to facilitate the Architect’s timely performance of such inspections. The Contractor Construction Manager shall timely notify the Owner and Architect of any failure by the Architect to timely perform the inspections referred to in item (iii) above.