Common use of Basic Agreement Clause in Contracts

Basic Agreement. (a) The parties hereto agree that the Project as described on Exhibit B attached hereto shall be developed, designed, permitted, financed, acquired, constructed, operated, maintained, equipped and insured in a transaction involving a series of agreements setting forth distinct roles and responsibilities of the Department and the Concessionaire, as well as other parties referred to in Section 3.02, in accordance with this Agreement and the other Project Agreements. (b) The Concessionaire shall provide appropriate oversight, management and reporting of all phases of the Project and its subcontractors such that: (i) the Route 495 HOT Lanes in Virginia Project is delivered in accordance with and “fit for purpose” intended by the contract documents; (ii) the Concessionaire resolves all disputes with or among its contractors; (iii) the Concessionaire shall review and approve all submittals prior to submitting documents to the Department; and (iv) the Department’s role is one of limited oversight, and not project management. (c) The Concessionaire shall perform, or cause the Design Build Contractor to perform, the Work in accordance with applicable Law and shall provide, or cause the Design Build Contractor to provide, all notices applicable to the Work in accordance with this Agreement, the Design-Build Contract and applicable Law. Performance of any obligation or the giving of any notice to the Department by the Design Build Contractor shall satisfy the obligation of the Concessionaire to perform such Work or give such notice, provided the foregoing shall not relieve the obligation of the Concessionaire to manage the Design Build Contractor, and provided further performance by the Design Build Contractor shall not relieve the Concessionaire of liability for the Design Build Contractor’s failure to perform or malfeasance in performance. (d) The Concessionaire shall perform, or cause to be performed, operations and maintenance with respect to the HOT Lanes, in accordance with this Agreement and applicable Law, during the Operating Period and shall provide all notices provided for herein and in accordance with applicable Law. Performance of any obligation or the giving of any notice to the Department by the O&M Contractor shall satisfy the obligation of the Concessionaire to perform such obligation or give such notice, provided the foregoing shall not relieve the obligation of the Concessionaire to manage the O&M Contractor, or liability for the O&M Contractor’s failure to perform or malfeasance.

Basic Agreement. (a) The parties hereto agree that the Project as described on Exhibit B B-1 attached hereto shall be developed, designed, permitted, financed, acquired, constructed, operated, maintained, equipped and insured in a transaction involving a series of agreements setting forth distinct roles and responsibilities of the Department and the Concessionaire, as well as other parties referred to in Section 3.02, in accordance with this Agreement and the other Project Agreements. (b) The Concessionaire shall provide appropriate oversight, management and reporting of all phases of the Project and its subcontractors such that: (i) the Route 495 HOT Lanes in Virginia Project is delivered in accordance with and “fit for purpose” intended by the contract documents; (ii) the Concessionaire resolves all disputes with or among its contractors; (iii) the Concessionaire shall review and approve all submittals prior to submitting documents to the Department; and (iv) the Department’s role is one of limited oversight, and not project management. (c) The Concessionaire shall perform, or cause the Design Design-Build Contractor to perform, the Work in accordance with applicable Law and shall provide, or cause the Design Design-Build Contractor to provide, all notices applicable to the Work in accordance with this Agreement, the Design-Design- Build Contract and applicable Law. Performance of any obligation or the giving of any notice to the Department by the Design Design-Build Contractor shall satisfy the obligation of the Concessionaire to perform such Work or give such notice, provided the foregoing shall not relieve the obligation of the Concessionaire to manage the Design Design-Build Contractor, and provided further performance by the Design Design-Build Contractor shall not relieve the Concessionaire of liability for the Design Design-Build Contractor’s failure to perform or malfeasance in performance. (d) The Concessionaire shall perform, or cause to be performed, operations and maintenance with respect to the HOT Lanes, in accordance with this Agreement and applicable Law, during the Operating Period and shall provide all notices provided for herein and in accordance with applicable Law. Performance of any obligation or the giving of any notice to the Department by the O&M Contractor shall satisfy the obligation of the Concessionaire to perform such obligation or give such notice, provided the foregoing shall not relieve the obligation of the Concessionaire to manage the O&M Contractor, or liability for the O&M Contractor’s failure to perform or malfeasance.