Common use of Performance of the Work Clause in Contracts

Performance of the Work. The Developer shall procure all necessary Approvals before undertaking any Work, and shall cause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.

Performance of the Work. The Developer With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (i) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (ii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (iii) constructed and all applicable performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. ‌ The Developer shall procure all necessary Approvals before undertaking any Work, and shall cause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.

Performance of the Work. The Developer With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (i) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (ii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (iii) constructed and all applicable performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (v) subject to Section‌ 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. The Developer shall procure all necessary Approvals before undertaking any WorkContractor hereby covenants and agrees that it shall, and shall cause its subcontractors and sub-subcontractors (collectively, “Subcontractors”) to provide all of the Work to be performed in a good items and workerlike mannerservices necessary (collectively, in compliance with good engineering the “Work”) for the proper and construction practicestimely development, design, engineering, construction, procurement, installation, erection, financing and completion of the Project, all in accordance with the Approved Plansterms of this Contract. Such Work shall also be done in accordance with and as required by (a) the obligations of Owner under its Amended and Restated Renewable Energy Purchase Agreement dated May 12, 2009 (the Approved Construction Documents“REPA”) and the Amended and Restated Small Generator Interconnection Agreement dated as of September 23, 2009 (the “SGIA”) including, but not limited to, achieving the Commercial Operation Date (as such term is defined in the REPA) by March 25, 2010, and achieving a nameplate capacity of 20 MW; and (b) the Turbine Specifications, [name intentionally omitted] manuals, all applicable laws, codes, ordinances, rules and regulations of Governmental Authorities (as defined below) having jurisdiction over the Project and the Work (“Applicable Law”). The Contractor further covenants and agrees that it shall provide and pay for all items or services necessary for the proper execution and completion of the Work and the Project (subject to the Contract Price provisions contained herein), whether temporary or permanent and whether or not incorporated or to be incorporated into the Project, including, but not limited to, all development, design, engineering, construction, procurement, installation, erection, financing services, all administration, management, safety training for all persons who enter the Project Site and coordination services with respect to the Subcontractors and [name intentionally omitted], all labor, materials, fixtures, equipment, supplies, insurance, licenses, bonds (including road bonds), Permits, tests, inspections, tools, machinery, water, heat, utilities and transportation, and all applicable Laws other items, facilities and the provisions of all Approvals. The Developer shall take all commercially and reasonably services necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by complete the Project, and (iii) make adequate provision for including, but not limited to, those items set forth in the safety and convenience Scope of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a BuildingWork attached as Exhibit A hereto; provided, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expensehowever, that the Work has been performed substantially in accordance with specifically excludes the Approved Plans acquisition of Wind Turbine Generator (“WTG” or “Turbine”) equipment which is subject to the Turbine Supply Agreement (the “Turbine Supply Agreement”) between Owner and [name intentionally omitted], but shall include the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Projectunloading, installation, erection, and mechanical completion of such WTGs. Without limiting the Seller foregoing, Contractor shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.following:

Performance of the Work. The Developer With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (A) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (B) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (C) constructed and all applicable performed using qualified workers and subcontractors; (D) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (E) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. The Developer StadCo shall procure not do or permit others to do any Project Improvements Work (and all necessary Approvals before undertaking any Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (v) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (w) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (x) constructed and all applicable performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, particular circumstances and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectas required by Applicable Law.