Common use of WORK TO BE PERFORMED Clause in Contracts

WORK TO BE PERFORMED. Except as otherwise expressly set forth in this Agreement as being the responsibility of Owner, Contractor shall, in accordance with and subject to limitations contained in this Agreement, perform or cause to be performed all acts or actions required of Contractor under this Agreement, including designing, engineering, inspecting (including special inspections), securing, permitting (with respect to Contractor Permits), procuring Equipment, Materials and Consumables, transporting, expediting, equipping, supplying, constructing, installing, connecting, training operators, commissioning, starting-up, testing, construction management and administration of Owner Contracts in accordance with Appendix M and completing the Project (whether at the Project Site or elsewhere as applicable) and satisfying Contractor’s warranty obligations during the Warranty Period (collectively, the “Work”). Contractor represents and warrants that it has thoroughly familiarized itself with all requirements of this Agreement regarding the Work and has the requisite qualifications to perform, or cause to be performed, all aspects of the Work in accordance with this Agreement. Once performed and paid for in accordance with the terms of the Preliminary EPC Agreement, the Site Work Agreement and the Letter Agreement, all work performed and equipment and materials supplied thereunder shall be part of the “Work” under this Agreement and part of the Equipment and Materials provided by Contractor under this Agreement. Without otherwise limiting Contractor’s responsibility under this Agreement, furnishing Owner Suppliers’ Scope is not part of the Work. The Work shall be performed by Contractor in accordance with Professional Standards. Contractor shall perform all managerial, supervisory, administrative services, and construction management that may be necessary to ensure the proper and timely completion of the Work in accordance with this Agreement. Contractor agrees that Contractor will be ultimately responsible for the proper and timely completion of the entirety of the Work in accordance with this Agreement, whether performed by Contractor or by any Subcontractor. The intent of this Agreement is to relieve Owner of the necessity of performing the Work, or any part thereof, to complete the Project in accordance with the requirements of this Agreement, except as expressly and specifically itemized herein as being performed by Owner in accordance with this Agreement. Contractor hereby undertakes the following covenants and agrees to perform the Work and its obligations hereunder as follows:

WORK TO BE PERFORMED. Except as otherwise expressly set forth in this Agreement as being the responsibility of Owner, Contractor shall, in accordance with and subject to limitations contained in this Agreement, perform or cause to be performed all acts or actions required of Contractor under this Agreement, including designing, engineering, inspecting (including special inspections), securing, permitting (with respect to Contractor Permits), procuring Equipment, Materials and Consumables, transportingtransportation, expediting, equipping, supplying, constructing, installing, connecting, training operators, commissioning, starting-up, testing, construction management and administration of Owner Contracts in accordance with Appendix M and completing the Project (whether at the Project Site or elsewhere as applicable) and satisfying Contractor’s warranty obligations during the Warranty Period (collectively, the “Work”). Contractor represents and warrants that it has thoroughly familiarized itself with all requirements of this Agreement regarding the Work and has the requisite qualifications to perform, or cause to be performed, all aspects of the Work in accordance with this Agreement. Once performed and paid for in accordance with the terms of the Preliminary EPC Agreement, the Site Work Agreement and the Letter Agreement, all work performed and equipment and materials supplied thereunder shall be part of the “Work” under this Agreement and part of the Equipment and Materials provided by Contractor under this Agreement. Without otherwise limiting Contractor’s responsibility under this Agreement, including the responsibility to define the scope of work and/or services for each Owner Contract as part of the Work, furnishing Owner Suppliers’ Scope is not part of the Work. The Work shall be performed by Contractor in accordance with Professional Standards. Contractor shall perform all managerial, supervisory, administrative services, and construction management that may be necessary to ensure the proper and timely completion of the Work in accordance with this Agreement. Contractor agrees that Contractor will be ultimately responsible for the proper and timely completion of the entirety of the Work in accordance with this Agreement, whether performed by Contractor or by any Subcontractor. The intent of this Agreement is to relieve Owner of the necessity of performing the Work, or any part thereof, to complete the Project in accordance with the requirements of this Agreement, except as expressly and specifically itemized herein as being performed by Owner in accordance with this Agreement. Contractor hereby undertakes the following covenants and agrees to perform the Work and its obligations hereunder as follows:

WORK TO BE PERFORMED. Except as otherwise expressly set forth in this Agreement as being the responsibility of OwnerPSGC, Contractor shall, in accordance with and subject to limitations contained in this Agreement, perform or cause to be performed all acts or actions required of Contractor under this Agreement, including designing, engineering, inspecting (including special inspections)inspecting, securing, permitting (with respect to Contractor Permits), procuring Equipment, Materials and Consumables, transportingtransportation, expediting, equipping, supplying, constructing, installing, connectingConnecting, training operators, commissioning, starting-up, testing, construction management and administration of Owner Contracts in accordance with Appendix M W and completing the Project Facility (whether at the Project Facility Site or elsewhere as applicable) and satisfying Contractor’s warranty obligations during the Warranty Period (collectively, the “Work”). Contractor represents and warrants that it has thoroughly familiarized itself with all requirements of this Agreement regarding the Work and has the requisite qualifications to perform, or cause to be performed, all aspects of the Work in accordance with this Agreement. Once performed and paid for in accordance with the terms of the Preliminary EPC Agreement, the Site Work Agreement and the Letter Agreement, all work performed and equipment and materials supplied thereunder shall be part of the “Work” under this Agreement and part of the Equipment and Materials provided by Contractor under this Agreement. Without otherwise limiting Contractor’s responsibility under this Agreement, including the responsibility to define the scope of work and/or services for each Owner Contract as part of the Work, furnishing Owner Suppliers’ Scope is not part of the Work. All work and services performed by or on behalf of Contractor under the Letter of Intent shall be treated as if performed under this Agreement. The definition of Work, together with the Owner Suppliers’ Scope, includes everything necessary to complete the Facility consistent with Professional Standards. The Work shall be performed by Contractor in accordance with Professional Standards. Contractor shall perform all managerial, supervisory, administrative services, and construction management that may be necessary to ensure the proper and timely completion of the Work Facility in accordance with this Agreement. Contractor agrees that Contractor will be ultimately responsible for the proper and timely completion of the entirety of the Work in accordance with this Agreement, whether performed by Contractor or by any Subcontractor. The intent of this Agreement is to relieve Owner PSGC of the necessity of performing the Work, or any part thereof, to complete the Project Facility in accordance with the requirements of this Agreement, except as expressly and specifically itemized herein as being performed by Owner PSGC in accordance with this Agreement. Contractor hereby undertakes the following covenants and agrees to perform the Work and its obligations hereunder as follows:

WORK TO BE PERFORMED. Except The Contractor shall perform the services described in the proposal attached hereto as otherwise expressly set forth in Exhibit A, which shall hereinafter be referred to as the "Work." In the event of any conflict between the terms of this Agreement as being and the responsibility proposal, the terms of Ownerthis Agreement shall prevail. Contractor shall procure, Contractor shallprovide and furnish, at Contractor's sole cost and expense, all materials, labor, tools, equipment, accessories, permits, licenses and inspection certificates necessary for the performance and completion of the Work, and shall pay all sales, consumer use and other similar taxes charged in connection therewith. All Work shall be done in a good and workmanlike manner and shall be performed in accordance with all laws, ordinances, rules and subject regulations of any governmental entity having jurisdiction over the Work, the parties or the property upon which the Work shall be performed. Contractor shall promptly, and in any event prior to limitations contained commencement of the Work, bring to Owner's attention any portion of the Work, as proposed, which shall not be in compliance with any such laws, ordinances, rules or regulations, and all such Work, upon completion, shall be in compliance therewith. The foregoing shall include, without limitation, the American Disabilities Act. In the event Contractor determines that any of the proposed Work will not be in compliance as aforesaid, Contractor shall give written notice thereof to Owner, which notice shall include any modification of the Contract sum and Owner shall provide Contractor with written approval thereof within ten (10) days of receipt of Contractor's notice or this AgreementAgreement shall be terminated. In the event of such termination, perform or cause the parties shall be relieved of all liability hereunder. In the event of any dispute as to be performed all acts or actions required of Contractor under this Agreementwhether the Work has been completed, including designing, engineering, inspecting (including special inspections), securing, permitting (with respect to Contractor Permits), procuring Equipment, Materials and Consumables, transporting, expediting, equipping, supplying, constructing, installing, connecting, training operators, commissioning, starting-up, testing, construction management and administration the decision of Owner Contracts shall be binding upon the parties. Owner may order changes in accordance with Appendix M and completing the Project (whether at the Project Site or elsewhere as applicable) and satisfying Contractor’s warranty obligations during the Warranty Period (collectively, the “Work”). Contractor represents and warrants that it has thoroughly familiarized itself with all requirements of this Agreement regarding the Work by written change order, and has the requisite qualifications to perform, cost or cause to credit pertaining thereto shall be performed, all aspects determined by mutual agreement of the Work in accordance with this Agreementparties. Once performed and paid for in accordance with The Contractor warrants to the terms of the Preliminary EPC Agreement, the Site Work Agreement and the Letter Agreement, Owner that all work performed materials and equipment and materials supplied thereunder shall be part of the “Work” furnished under this Agreement will be new unless otherwise specified by the Owner and part of the Equipment and Materials provided by Contractor under this Agreement. Without otherwise limiting Contractor’s responsibility under this Agreement, furnishing Owner Suppliers’ Scope is not part of the Work. The Work shall be performed by Contractor in accordance with Professional Standardsof good quality, free of defects and faults. Contractor shall perform all managerial, supervisory, administrative services, promptly correct work rejected by the Owner and construction management that may shall correct any Work found to be necessary to ensure the proper and timely completion of the Work in accordance with this Agreement. Contractor agrees that Contractor will be ultimately responsible for the proper and timely completion of the entirety of the Work in accordance with this Agreement, whether performed by Contractor or by any Subcontractor. The intent of this Agreement is to relieve Owner of the necessity of performing the Work, or any part thereof, to complete the Project not in accordance with the requirements of this AgreementAgreement within the period of one (1) year from the date of expiration of the term hereof. The foregoing, except however, shall not be construed as expressly and specifically itemized herein as being performed by Owner in accordance an establishment of a period of limitations with regard to the Contractor's obligations under this Agreement. Contractor hereby undertakes the following covenants and agrees to perform the Work and its obligations hereunder as follows:.