of the Technical Provisions. 4.3.4 As between IFA and Developer, Developer shall perform all necessary actions, and shall bear all risk of delay and all risk of increased cost, resulting from or arising out of (a) any differences between Developer’s design for any portion of the Project and the Final Engineer’s Report or Reference Design or Developer’s Schematic Design, including differences due to any alternative technical concepts approved by IFA and included in Developer’s Schematic Design, but excluding any differences due to a Change in Law, Change in Adjustment Standards or an IFA Change, or (b) differences between the construction means and methods (including temporary works) Developer chooses for any portion of the Project and those set forth, referred to or reasonably implied in any IFA-Provided Approval or applications and submissions made by IFA for IFA-Provided Approvals, excluding any differences due to an IFA Change, a Discriminatory O&M Change, a Non-Discriminatory O&M Change, a Change in Law or Change in Adjustment Standards. Such actions and risks shall include:
Appears in 5 contracts
Samples: Public Private Agreement, Public Private Agreement, Public Private Agreement
of the Technical Provisions. 4.3.4 As between IFA and Developer, Developer shall perform all necessary actions, and shall bear all risk of delay and all risk of increased cost, resulting from or arising out of (a) any differences between Developer’s design for any portion of the Project and the Final Engineer’s Report or Reference Design or Developer’s Schematic Design, including differences due to any alternative technical concepts approved by IFA and included in Developer’s Schematic Design, but excluding any differences due to a Change in Law, Change in Adjustment Standards or an IFA Change, or (b) differences between the construction means and methods (including temporary works) Developer chooses for any portion of the Project and those set forth, referred to or reasonably implied in any IFA-IFA- Provided Approval or applications and submissions made by IFA for IFA-Provided Initiated Approvals, excluding any differences due to an IFA Change, a Discriminatory O&M Change, a Non-Non- Discriminatory O&M Change, a Change in Law or Change in Adjustment Standards. Such actions and risks shall include:
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