Common use of Mitigation Requirements Clause in Contracts

Mitigation Requirements. The DB Contractor shall perform all environmental mitigation measures (which term shall be deemed to include all requirements of the Environmental Approvals and similar Governmental Approvals, regardless of whether such requirements would be considered to fall within a strict definition of the term). The mitigation requirements for the Project are set forth in Volume II, Book II, Section 8. The Contract Price includes compensation for the DB Contractor’s performance of all such mitigation measures that are included in the agreed-upon scope of the Contract, for performance of all mitigation measures arising from New Environmental Approvals, which Section 8.3.3 designates as the DB Contractor’s responsibility, for mitigation measures required by any Governmental Approvals, and for all other Activities to be performed by the DB Contractor as described in Volume II, Book II, Section 8. The District will be responsible for obtaining any New Environmental Approvals necessitated by a time and money change order described in Section 14.1. The DB Contractor shall provide all necessary support to the District with respect to obtaining any such New Environmental Approval. If a New Environmental Approval becomes necessary for any reason other than those specified in Section 8.3.2, the DB Contractor shall be fully responsible for obtaining the New Environmental Approval and any other Environmental Approvals that may be necessary, and for all resulting requirements, as well as for any litigation arising in connection therewith. The District will reasonably assist the DB Contractor in obtaining any New Environmental Approvals. If the New Environmental Approval is associated with a VECP, or other DB Contractor- requested Change Order, the costs of obtaining and complying with the terms of the New Environmental Approval shall be considered in calculating the Contract Price adjustment under Section 15.2.4.