Common use of Predevelopment Work Clause in Contracts

Predevelopment Work. The Parties acknowledge that prior to the execution of the Section P3 Agreement the Phase Developer shall perform Predevelopment Work (as defined in the Phase P3 Agreement) in collaboration with MDOT in accordance with the Phase P3 Agreement. The Predevelopment Work will inform the Section Work (as defined in the Phase P3 Agreement) and, to the extent risks are addressed by Relief Events or Compensation Events in this term sheet, the risk allocation under the Section P3 Agreement. Without limiting the scope of the Predevelopment Work (including the terms of Exhibit 6 (Predevelopment Work Requirements) of the Phase P3 Agreement), the Predevelopment Work includes the following: a) The further investigation of existing utilities, geotechnical conditions, hazardous materials, endangered species, and archaeological remains present at the Setting Date Site. To the extent that a Compensation Event is included in this term sheet, the results of these investigations shall inform the baseline used for permitted claims with respect to "unknown" site conditions. The Phase Developer and MDOT shall agree to the limits of the Setting Date Site in which these investigations shall focus.