Common use of Development and Construction Management Services Clause in Contracts

Development and Construction Management Services. The Parties acknowledge that, under the Financing Documents and the Project Contracts, the Company has certain obligations to develop and construct the Facility. In order to assist the Company in the performance of such obligations, but subject to Section 2.2(b), the Operator shall from the date hereof until the Commercial Operation Date (i) supervise and manage the development of the Facility, and the design, engineering and construction of the Facility in accordance with (a) generally accepted engineering practices, (b) generally accepted construction procedures, (c) the plans and standards set forth in the EPC Contract, (d) the requirements of the Power Purchase Agreement and (e) applicable law; (ii) exercise all rights of the Company under the EPC Contract and any other contracts for the construction of the interconnection or other facilities related to the Facility (including, but not limited to, operational responsibilities arising prior to the Commercial Operation Date); and (iii) use commercially reasonable efforts to provide the services and perform the obligations the Company is then obligated to provide and perform under the EPC Contract and to procure or provide any goods and services necessary for the completion of the Facility for which provision is not made in the EPC Contract.