Surveying and Testing. Developer shall coordinate, perform, and complete all surveying, materials testing, and special testing for the Project at the Project site, as otherwise required by this Agreement, and as required under the State Building Code or any other law or regulation, including:
A. Existing Conditions. Developer shall obtain all necessary soils investigation and conduct agronomic testing required for design of the Project. The soils consultant shall prepare a statement that will be included in the Bidding Documents as to the nature of soils, ground water conditions and any other information concerning the existing conditions of the site.
Surveying and Testing. (a) The Design Consultant and its appropriate subconsultant shall review all survey and test results reports and shall follow the recommendation of the soils engineer or other subconsultant unless, in the exercise of appropriate professional judgment, the Design Consultant or appropriate subconsultant discovers, or should in the exercise of professional judgment discover, factors indicating the report or results are not reliable.
(b) If any such inadequacy or any inconsistency, based upon such exercise of professional judgment, is noted the Design Consultant and/or its appropriate subconsultant shall report such inconsistency or inadequacy promptly of the City such that any inadequacy or inconsistency can be addressed by the soils engineer, testing laboratory or land surveyor before any further use is put to the data.
(c) It is understood and agreed that this Agreement does not include the investigation, sampling, testing, planning, abatement design, and remediation management of asbestos or other hazardous waste material. Should the presence of asbestos or other hazardous waste material be known to exist on a specific project or if the Design Consultant shall observe the presence of asbestos or hazardous waste material on any project site during its performance of services under this Agreement, the Design Consultant shall notify the City in writing immediately.
Surveying and Testing. EDC shall permit Developer and its Associates to enter the Property for purposes of site investigation and testing, in the manner and subject to the limitations set forth in SECTION 5.1 of the Development Agreement. Developer shall have sixty (60) days (the "Due Diligence Period") commencing on the date the last of the following occurs: (i) the City and EDC deliver the cost estimates set forth on Schedule A, as referred to in SECTION 2.18 of the Development Agreement ("Schedule A"), together with all reports, analyses, and other material relied upon by City and EDC in developing Schedule A (the "Supporting Material"), including, without limitation, appraisals, estimates of relocation payments and other costs included in Feehold Compensation (other than information which the City is restricted from disclosing pursuant to Section 5(2) of the Uniform Condemnation Procedures Act, MCL 213.55(2)), Phase I and Phase II environmental site assessments, laboratory analysis, reports, estimates of the cost of environmental Response activity and underlying assumptions and calculations, geotechnical reports, estimates of the cost of Infrastructure Improvements and underlying assumptions and calculations, and (ii) the City and EDC deliver the Commitment and the Survey in order to: (x) satisfy itself as to the physical condition of the Property and title thereto, or (y) determine the feasibility of the issuance of an Administrative Order By Consent And Covenant Not To Xxx in favor of the City, EDC, Developer and the Other Land-Based Casino Developers, or (z) determine the feasibility of Developer and the Other Land-Based Casino Developers preparing an acceptable baseline environmental assessment; provided, in any event, the City shall not be obligated to acquire any portion of the Property until the Due Diligence Period has expired.
6. EXHIBIT 1.1(a)(42) (Conveyance Agreement), Paragraph 3.04 is hereby amended by deleting the existing language in such paragraph and substituting the following in its place:
Surveying and Testing. The City will, prior to the transfer of possession or title, authorize Developer through and in accordance with a fully executed Right-of-Entry, to make soil boring and bearing tests and undertake such surveying and environmental and other due diligence activities as Developer deems appropriate, provided such does not interfere with the use (including demolition or site improvement activities) of the City or the use of any tenant in possession, if any, and subject to the Developer’s compliance with the requirements of this Article 7 and elsewhere in this Agreement. All such testing shall be done at Developer’s risk and expense. Subject to the terms of the aforementioned Right of Entry, Developer shall give prior notice to the City to inspect and investigate the condition of the Property, including its environmental condition and shall conduct such inspection and investigation as Developer desires during normal business hours. Prior to entering onto the Property for such purposes, Developer shall (i) request authorization from the Building, Safety, Engineering and Environmental Department and provide details of the intended activities and other documentation deemed necessary by the City, (ii) obtain a Right-of-Entry letter from City, (iii) execute said letter, and (iv) comply with all conditions and requirements stated therein. Developer shall use all reasonable efforts to minimize damage to the Property in connection with such entry and shall fully restore the Property to the condition existing prior to such entry. Developer shall indemnify, defend and hold the City harmless from and against, any and all loss, cost, liability and expense, including reasonable attorneys’ fees and litigation costs, suffered or incurred by the City as a result of the Developer’s activities in accordance with the Right-of-Entry. Developer shall submit to the City a copy of each survey or report generated as a result of such activities.
Surveying and Testing. (a) The Design Consultant shall obtain all necessary surveying, tests and reports to properly design and administer the construction of the Project, including, but not limited to, soils and hazardous materials testing. The Design Consultant shall be responsible for the accuracy, adequacy and content of such tests, surveying and reports.
(b) The Design Consultant and its appropriate subconsultant shall review all survey and test results reports and shall follow the recommendation of the soils engineer or other subconsultant unless, in the exercise of appropriate professional judgment, the Design Consultant or appropriate subconsultant discovers, or should in the exercise of professional judgment discover, factors indicating the report or results are not reliable.
(c) If any such inadequacy or any inconsistency, based upon such exercise of professional judgment, is noted the Design Consultant and/or its appropriate subconsultant shall report such inconsistency or inadequacy promptly to the City and require such inadequacy or inconsistency to be addressed by the soils engineer, testing laboratory or land surveyor before any further use is put to the data.
(d) The Design Consultant shall require all surveying, engineering and testing entities it selects to carry and maintain Comprehensive Auto Liability and Property Damage Insurance, General Commercial Liability and Property Damage Insurance and Professional Liability Errors and Omissions coverage as required by the City’s Office of Risk Management which will adequately protect the interests of the City and third parties from the acts and omissions of the testing entity.
Surveying and Testing. CSU will coordinate, perform, and complete all surveying, materials testing, and special testing for the River Park/ BMP Project at the River Park Property Project, as otherwise required by this Agreement, and as required under the State Building Code or any other law or regulation, including:
A. Existing Conditions. CSU will obtain all necessary soils investigation and conduct agronomic soil testing required by design of the River Park/ BMP Project. The soils consultant will prepare a statement that will be included in the Contract Documents as to the nature of soils, ground water conditions and any other information concerning the existing conditions of the site.
Surveying and Testing. EDC shall permit Developer and its Associates --------------------- to enter the Property for purposes of site investigation and testing, in the manner and subject to the limitations set forth in Section 5.1 of the Development Agreement. Developer shall have a period of time commencing on the date EDC grants a right of entry to the entire Property and expiring one hundred (100) days thereafter, or whatever longer period of time may be required to satisfy the requirements of the Michigan Department of Environmental Quality for issuance of an Administrative Order By Consent And Covenant Not To Xxx in favor of City, EDC, Developer and the Other Land-Based Casino Developers (the "Due Diligence Period") in order to satisfy itself as to the condition of the Property. Developer shall submit to EDC a copy of each survey or report generated as a result of such activities.
Surveying and Testing. EDC shall permit Developer and its consultants to enter the Property for purposes of site investigation and testing, in the manner and subject to the limitations set forth IN SECTION 5.1 of the Development Agreement.
Surveying and Testing. Subdivider shall coordinate, perform, and complete all surveying, materials testing, and special testing for the Project at the Project site, as otherwise required by this Agreement, and as required under the State Building Code or any other law or regulation, including:
A. Existing Conditions. Subdivider shall obtain all necessary soils investigation and conduct agronomic testing required for design of the Project. The Soils Consultant shall prepare a statement that will be included in the Bidding Documents as to the nature of soils, ground water conditions and any other information concerning the existing conditions of the site.
