Common use of WORK TO BE PERFORMED Clause in Contracts

WORK TO BE PERFORMED. 3.1.1 Owner hereby engages and is relying upon Contractor to perform the Work in accordance with Exhibit A and the other requirements of this Agreement, and Contractor acknowledges such reliance and accepts such engagement. Owner and Contractor agree that Contractor’s obligation under this Agreement is to complete the Work so that the Facility successfully passes the Performance Tests and meets or exceeds the requirements set forth in Exhibit A, Owner Standards and the other provisions of this Agreement, including achieving Facility Mechanical Completion, Facility Substantial Completion, and Final Completion within the time and for the purpose designated herein, and to do and furnish everything incidental and necessary in connection therewith. 3.1.2 Prior to the execution of this Agreement, Contractor performed engineering, cost estimating and related services and developed, provided or verified all of the information that forms the scope of Work set forth in Exhibit A for the purpose of verifying that such information is adequate for, and Contractor represents and warrants to Owner that the scope of Work set forth in Exhibit A includes all the necessary obligations, including integration, as applicable, that are required to be performed by Contractor and Owner in order for, the Facility to operate in accordance with the terms of this Agreement and to satisfy the Applicable Codes and Standards, applicable Laws, Owner Standards and Permits and successfully pass the Performance Tests and meet or exceed the requirements set forth in Exhibit A. Items need not be specifically listed herein or in Exhibit A in order to be deemed to be items within the scope of the Work. It is understood that Contractor is better qualified to list exclusions than Owner is to list inclusions. Therefore, except for the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work, any item indicated herein, inferable therefrom, incidental thereto or required in accordance with any Law, Permits or Applicable Codes and Standards is to be considered as part of the Work. In addition, the Work includes all that should be included and all that would be customarily included within the general scope of the Work in order to complete the Facility (excluding the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work) according to the requirements of this Agreement, including Applicable Codes and Standards, applicable Laws, the requirements for the Performance Tests and the Permits. As a result, Contractor hereby waives any and all claims for an increase in the Target Price or an extension of any Applicable Deadline based, in whole or in part, upon an assertion that Contractor’s scope of Work in Exhibit A and as otherwise provided in the Exhibits was insufficient and did not include a certain license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management beyond the scope of the Work when such license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management is indicated in Exhibit A, this Agreement or any other Exhibit, the Drawings and Specifications or other instruments of service prepared by Contractor or a Subcontractor in connection with this Agreement reasonably inferable therefrom, incidental thereto, required in accordance with any Applicable Codes and Standards, applicable Law, Permits or otherwise necessary in order to complete the Facility in accordance with and subject to the requirements of this Agreement. 3.1.3 Time is of the essence with respect to Contractor’s achievement of each Applicable Deadline (other than the Final Completion Deadline).

WORK TO BE PERFORMED. 3.1.1 Owner hereby engages and is relying upon Contractor to perform the Work in accordance with Exhibit A and the other requirements of this Agreement, and Contractor acknowledges such reliance and accepts such engagement. Owner and Contractor agree agree, despite anything to the contrary contained herein, that Contractor’s obligation under this Agreement is to complete the Work so that the Facility successfully passes the Performance Tests and meets or exceeds the requirements set forth in Exhibit A, Owner Standards and the other provisions of this Agreement, including achieving Facility Mechanical Completion, Facility Substantial Completion, and Final Completion within the time and for the purpose designated herein, and to do and furnish everything incidental and necessary in connection therewith. 3.1.2 Prior to the execution of this Agreement, Contractor performed engineering, cost estimating and related services and developed, provided or verified all of the information that forms the scope of Work set forth in Exhibit A for the purpose of verifying that such information is adequate for, and Contractor represents and warrants to Owner that the scope of Work set forth in Exhibit A includes all the necessary obligations, including integration, as applicable, that are required to be performed by Contractor and Owner in order for, the Facility to operate in accordance with the terms of this Agreement and to satisfy the Applicable Codes and Standards, applicable Laws, Owner Standards and Permits and successfully pass the Performance Tests and meet or exceed the requirements set forth in Exhibit A. Items need not be specifically listed herein or in Exhibit A in order to be deemed to be items within the scope of the Work. It is understood that Contractor is better qualified to list exclusions than Owner is to list inclusions. Therefore, except for the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work, any item indicated herein, inferable therefrom, incidental thereto or required in accordance with any Law, Permits or Applicable Codes and Standards is to be considered as part of the Work. In addition, the Work includes all that should be included and all that would be customarily included within the general scope of the Work in order to complete the Facility (excluding the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work) according to the requirements of this Agreement, including Applicable Codes and Standards, applicable Laws, the requirements for the Performance Tests and the Permits. As a result, Contractor hereby waives any and all claims for an increase in the Target Price or an extension of any Applicable Deadline based, in whole or in part, upon an assertion that Contractor’s scope of Work in Exhibit A and as otherwise provided in the Exhibits was insufficient and did not include a certain license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management beyond the scope of the Work when such license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management is indicated in Exhibit A, this Agreement or any other Exhibit, the Drawings and Specifications or other instruments of service prepared by Contractor or a Subcontractor in connection with this Agreement reasonably inferable therefrom, incidental thereto, required in accordance with any Applicable Codes and Standards, applicable Law, Permits or otherwise necessary in order to complete the Facility in accordance with and subject to the requirements of this Agreement. 3.1.3 Time is of the essence with respect to Contractor’s achievement of each Applicable Deadline (other than the Final Completion Deadline).

WORK TO BE PERFORMED. 3.1.1 Except as otherwise expressly set forth in this Agreement as being the responsibility of Owner, Contractor shall, in accordance with and subject to limitations contained in this Agreement, perform or cause to be performed all acts or actions required of Contractor under this Agreement, including designing, engineering, inspecting (including special inspections), securing, permitting (with respect to Contractor Permits), procuring Equipment, Materials and Consumables, transporting, expediting, equipping, supplying, constructing, installing, connecting, training operators, commissioning, starting-up, testing, construction management and administration of Owner hereby engages Contracts in accordance with Appendix M and is relying upon completing the Project (whether at the Project Site or elsewhere as applicable) and satisfying Contractor’s warranty obligations during the Warranty Period (collectively, the “Work”). Contractor represents and warrants that it has thoroughly familiarized itself with all requirements of this Agreement regarding the Work and has the requisite qualifications to perform perform, or cause to be performed, all aspects of the Work in accordance with Exhibit A and the other requirements of this Agreement, . Once performed and Contractor acknowledges such reliance and accepts such engagement. Owner and Contractor agree that Contractor’s obligation under this Agreement is to complete the Work so that the Facility successfully passes the Performance Tests and meets or exceeds the requirements set forth in Exhibit A, Owner Standards and the other provisions of this Agreement, including achieving Facility Mechanical Completion, Facility Substantial Completion, and Final Completion within the time and paid for the purpose designated herein, and to do and furnish everything incidental and necessary in connection therewith. 3.1.2 Prior to the execution of this Agreement, Contractor performed engineering, cost estimating and related services and developed, provided or verified all of the information that forms the scope of Work set forth in Exhibit A for the purpose of verifying that such information is adequate for, and Contractor represents and warrants to Owner that the scope of Work set forth in Exhibit A includes all the necessary obligations, including integration, as applicable, that are required to be performed by Contractor and Owner in order for, the Facility to operate in accordance with the terms of the Preliminary EPC Agreement, the Site Work Agreement and the Letter Agreement, all work performed and equipment and materials supplied thereunder shall be part of the “Work” under this Agreement and to satisfy the Applicable Codes and Standards, applicable Laws, Owner Standards and Permits and successfully pass the Performance Tests and meet or exceed the requirements set forth in Exhibit A. Items need not be specifically listed herein or in Exhibit A in order to be deemed to be items within the scope part of the Work. It is understood that Contractor is better qualified to list exclusions than Owner is to list inclusions. Therefore, except for the supply of Owner Furnished Equipment and Materials and performance of the provided by Contractor under this Agreement. Without otherwise limiting Contractor’s responsibility under this Agreement, furnishing Owner Suppliers’ Scope of Work, any item indicated herein, inferable therefrom, incidental thereto or required in accordance with any Law, Permits or Applicable Codes and Standards is to be considered as not part of the Work. In additionThe Work shall be performed by Contractor in accordance with Professional Standards. Contractor shall perform all managerial, supervisory, administrative services, and construction management that may be necessary to ensure the Work includes all that should be included proper and all that would be customarily included within the general scope timely completion of the Work in order accordance with this Agreement. Contractor agrees that Contractor will be ultimately responsible for the proper and timely completion of the entirety of the Work in accordance with this Agreement, whether performed by Contractor or by any Subcontractor. The intent of this Agreement is to relieve Owner of the necessity of performing the Work, or any part thereof, to complete the Facility (excluding the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work) according to Project in accordance with the requirements of this Agreement, including Applicable Codes except as expressly and Standards, applicable Laws, the requirements for the Performance Tests and the Permits. As a result, Contractor hereby waives any and all claims for an increase in the Target Price or an extension of any Applicable Deadline based, in whole or in part, upon an assertion that Contractor’s scope of Work in Exhibit A and specifically itemized herein as otherwise provided in the Exhibits was insufficient and did not include a certain license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management beyond the scope of the Work when such license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management is indicated in Exhibit A, this Agreement or any other Exhibit, the Drawings and Specifications or other instruments of service prepared being performed by Contractor or a Subcontractor in connection with this Agreement reasonably inferable therefrom, incidental thereto, required Owner in accordance with any Applicable Codes and Standards, applicable Law, Permits or otherwise necessary in order to complete the Facility in accordance with and subject to the requirements of this Agreement. 3.1.3 Time is of . Contractor hereby undertakes the essence with respect following covenants and agrees to Contractor’s achievement of each Applicable Deadline (other than perform the Final Completion Deadline).Work and its obligations hereunder as follows:

WORK TO BE PERFORMED. 3.1.1 Owner hereby engages 15. All work performed by Applicant pursuant to this Agreement shall be under the direction and is relying upon Contractor supervision of a licensed remediation specialist (LRS). The licensed remediation specialist may be designated by Applicant as Applicant’s project manager pursuant to perform Paragraph 33. Prior to the Work initiation of Site work, Applicant shall notify WVDEP, in accordance with Exhibit A writing, regarding the name and title of the other requirements licensed remediation specialist, if different from the licensed remediation specialist designated in the application, and of any contractors and/or subcontractors to be used in carrying out the terms of this Agreement. 16. Applicant shall submit a hardcopy and electronic version of a voluntary remediation work plan which, and Contractor acknowledges such reliance and accepts such engagement. Owner and Contractor agree that Contractor’s obligation under this Agreement is to complete when implemented, provides for the Work so that attainment of the Facility successfully passes the Performance Tests and meets or exceeds the requirements set forth applicable standard(s) specified in Exhibit A, Owner Standards and the other provisions Paragraph 18 of this Agreement, including achieving Facility Mechanical Completion, Facility Substantial Completion, . [OPTIONAL LANGUAGE: Prior to the filing of the application and Final Completion within the time and for the purpose designated herein, and to do and furnish everything incidental and necessary in connection therewith. 3.1.2 Prior prior to the execution of this Agreement, Contractor performed engineering, cost estimating Applicant has undertaken work at the Site. The following documents have been accepted and related services and developed, provided or verified all approved by the license remediation specialist in support of the information that forms the scope of Work set forth in Exhibit A for the purpose of verifying that such information is adequate for, and Contractor represents and warrants to Owner that the scope of Work set forth in Exhibit A includes all the necessary obligations, including integration, as applicable, that are required to be performed by Contractor and Owner in order for, the Facility to operate in accordance with the terms of this Agreement and to satisfy the Applicable Codes and Standards, applicable Laws, Owner Standards and Permits and successfully pass the Performance Tests and meet or exceed the requirements set forth in Exhibit A. Items need not be specifically listed herein or in Exhibit A in order to be deemed to be items within the scope of the Work. It is understood that Contractor is better qualified to list exclusions than Owner is to list inclusions. Therefore, except for the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work, any item indicated herein, inferable therefrom, incidental thereto or required in accordance with any Law, Permits or Applicable Codes and Standards is to be considered as part of the Work. In addition, the Work includes all that should be included and all that would be customarily included within the general scope of the Work in order to complete the Facility (excluding the supply of Owner Furnished Equipment and Materials and performance of the Owner Scope of Work) according to the requirements of the Act for the investigation and remediation of the Site:] [List Documents and Reports Submitted] [OPTIONAL LANGUAGE: For the purposes of remediation and preparing final reports, the Site may be divided into separate areas and different human health and ecological remediation standards; e.g., De Minimis, Uniform Risk-Based, and Site Specific Risk-Based may be utilized for these individual areas. Applicant currently contemplates that the Site will be subdivided into the following areas:] [Describe Subdivided Areas] 17. The voluntary remediation work plans submitted with this Agreement include the following: [IF APPLICABLE: List work plans by site or subdivided areas.] [IF NOT APPLICABLE: No voluntary remediation work plans are submitted with this Agreement, including Applicable Codes and Standards, .] 18. The parties agree that the applicable Laws, the requirements standard(s) for the Performance Tests and the Permits. As a resultSite, Contractor hereby waives any and all claims for an increase in the Target Price or an extension of any Applicable Deadline based, in whole or in part, upon an assertion that Contractor’s scope of Work in Exhibit A and as otherwise provided in the Exhibits was insufficient and did not include a certain license, technical assistance, engineering, assembly, construction, service, labor, material, equipment, operation or management beyond the scope consistent with Section 9 of the Work when such licenseRule, technical assistanceis as follows: [IF APPLICABLE: Insert applicable standard(s) and, engineeringwhere appropriate, assemblyengineering or institutional controls, construction, service, labor, material, equipment, operation as agreed upon by the parties. List by site or management subdivided areas if applicable.] [IF NOT APPLICABLE: The parties agree that the applicable standard(s) for this Site will be determined by approval of the work plan(s) and report(s) described in Paragraph 20 of this Agreement. The parties agree that the future determination of standard(s) will be described in a modification of the Agreement.] 19. The statutes and regulations for which compliance is indicated in Exhibit A, this Agreement or any other Exhibit, the Drawings and Specifications or other instruments of service prepared by Contractor or a Subcontractor mandated in connection with this Agreement reasonably inferable therefrom, incidental thereto, required in accordance with any Applicable Codes and Standards, applicable Law, Permits the investigation or otherwise necessary in order to complete the Facility in accordance with and subject to the requirements remediation of this AgreementSite are as follows: [Add or delete statutes or regulations as appropriate.] 3.1.3 Time is of the essence with respect to Contractor’s achievement of each Applicable Deadline (other than the Final Completion Deadline)a. Air Pollution Control Act, X.Xx. Code §22-5-1 et seq.;