Conditions Precedent for Notice to Proceed Clause Samples
Conditions Precedent for Notice to Proceed. (a) Construction Notice to Proceed. Except with respect to Early Work described in Section 8.02, the Developer will not commence construction of the Project Assets until the Department has delivered construction notice to proceed (“Construction Notice to Proceed”) to the Developer. The Department will promptly deliver the Construction Notice to Proceed to the Developer upon Developer’s satisfaction of the following conditions (or the Department, in its discretion, waives in writing such conditions):
(i) the Developer has delivered to the Department correct and complete copies of all Design Public Hearing Documentation and Construction Documentation approved for the commencement of construction in accordance with this Agreement and the Technical Requirements, and the Developer has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements;
(ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement of construction have been acquired (and copies provided to the Department), and the Developer has satisfied all applicable pre-construction requirements of the Governmental Approvals;
(iii) all property rights necessary for the commencement of construction have been obtained;
(iv) the Department has approved the following: (A) Baseline Schedule (B) Construction Quality Management Plan; (C) Maintenance of Traffic Plan; (D) Environmental Management Plan; (E) ROW Acquisition and Relocation Plan; (F) Health, Safety and Security Plan; and (G) Utilities Plan;
(v) if not already provided pursuant to a LNTP, the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Developer has delivered to the Department a duplicate original or copy thereof certified by the Developer’s (or the Design-Build Contractor’s) insurance broker to be a true and correct copy of the original; and
(vi) if not paid at Financial Close as required by Section 8.02(e), repayment in full of the outstanding principal amount of the SIB Loan and reimbursement to the Department of any and all Early Work Department Funding advanced by the Department.
Conditions Precedent for Notice to Proceed.
(i) the Developer has delivered to the Department correct and complete copies of all Design Public Hearing Documentation and Construction Documentation approved for the commencement of construction in accordance with this Agreement and the Technical Requirements, and the Developer has received from the Department any prior written approvals thereof required by this Agreement and Federal Requirements;
(ii) all Governmental Approvals (including any applicable Department approvals and Federal approvals and agreements) necessary for the commencement of construction have been acquired (and copies provided to the Department), and the Developer has satisfied all applicable pre-construction requirements of the Governmental Approvals;
(iii) all property rights necessary for the commencement of construction have been obtained;
(iv) the Department has approved the following: (A) Baseline Schedule
(v) if not already provided pursuant to a LNTP, the builder’s risk insurance policy required under Section 17.01(a) has been obtained and will be in full force and effect, and the Developer has delivered to the Department a duplicate original or copy thereof certified by the Developer’s (or the Design-Build Contractor’s) insurance broker to be a true and correct copy of the original; and
(vi) if not paid at Financial Close as required by Section 8.02(e), repayment in full of the outstanding principal amount of the SIB Loan.
Conditions Precedent for Notice to Proceed