Common use of Performance of the Work Clause in Contracts

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project 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 be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this 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. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be 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 incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of The Developer shall procure all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do necessary Approvals before undertaking any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licensesWork, and approvals then required under Applicable Law shall cause all of the Work to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner workerlike manner, in compliance with good engineering and construction practices, and in accordance with standard construction practices for constructionthe Approved Plans, repairthe Approved Construction Documents, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable all applicable Laws and the terms provisions of this 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 Leaseall Approvals. StadCo The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and precautions to construction traffic, (ii) minimize any damage, disruption or inconvenience caused by such work the Project, and (iii) make adequate provisions provision for the safety and convenience of all Persons persons affected therebythereby 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 each case in accordance with the manner as a Reasonable Approved Plans and Prudent the Approved Construction Documents. The Developer would undertake in light shall be solely responsible for awarding and administering all construction contracts for the construction of the particular circumstancesProject, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. Except as expressly provided in this AgreementThe Seller shall not be responsible for making any payments to any contractors, StadCo 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 expenses of (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 incurred in connection with the Land or a) the design, developmentpermitting and construction of the Project, constructionincluding 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, furnishing(b) all products, materials, tools, equipment, and opening of fixtures relating to the Project Improvements. Dust, noise, traffic, hazardsProject, and other effects of such work shall be controlled in such manner as a Reasonable (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and Prudent Developer would undertake in light of consultants relating to the particular circumstancesProject.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work unless Contractor hereby covenants and until (i) StadCo shall have first procured and paid for applicable permits, licensesagrees that it shall, and approvals then required under Applicable Law shall cause its subcontractors and sub-subcontractors (collectively, “Subcontractors”) to commence provide all of the specific work being performed items and services necessary (iicollectively, the “Work”) StadCo has complied with for the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence proper and completed with timely development, design, engineering, construction, procurement, installation, erection, financing and completion of the Project, all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this AgreementContract. 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 “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 (vb) 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 Section 7.14 belowthe Contract Price provisions contained herein), free of any Liens other than any Leasehold Mortgage permitted pursuant 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 terms of 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 other items, facilities and services necessary to complete the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damageProject, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected therebyincluding, in each case but not limited to, those items set forth in the manner Scope of Work attached as a Reasonable Exhibit A hereto; provided, however, that the Work specifically excludes the acquisition of Wind Turbine Generator (“WTG” or “Turbine”) equipment which is subject to the Turbine Supply Agreement (the “Turbine Supply Agreement”) between Owner and Prudent Developer would undertake in light [name intentionally omitted], but shall include the unloading, installation, erection, and mechanical completion of such WTGs. Without limiting the particular circumstances. Except as expressly provided in this Agreementforegoing, StadCo Contractor shall be 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 incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.following:

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project 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 be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section Section‌ 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be 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 incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project 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 be (iA) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (iiB) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iiiC) constructed and performed using qualified workers and subcontractors; (ivD) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (vE) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be 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 incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work (and all 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 be (iv) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (iiw) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iiix) constructed and performed using qualified workers and subcontractors; (ivy) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (vz) subject to Section 7.14 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be 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 incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and 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 particular circumstancescircumstances and as required by Applicable Law.

Performance of the Work. With the exclusion of ‌ The Developer shall procure all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do necessary Approvals before undertaking any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licensesWork, and approvals then required under Applicable Law shall cause all of the Work to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner workerlike manner, in compliance with good engineering and construction practices, and in accordance with standard construction practices for constructionthe Approved Plans, repairthe Approved Construction Documents, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable all applicable Laws and the terms provisions of this 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 Leaseall Approvals. StadCo The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and precautions to construction traffic, (ii) minimize any damage, disruption or inconvenience caused by such work the Project, and (iii) make adequate provisions provision for the safety and convenience of all Persons persons affected therebythereby 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 each case in accordance with the manner as a Reasonable Approved Plans and Prudent the Approved Construction Documents. The Developer would undertake in light shall be solely responsible for awarding and administering all construction contracts for the construction of the particular circumstancesProject, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. Except as expressly provided in this AgreementThe Seller shall not be responsible for making any payments to any contractors, StadCo 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 expenses of (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 incurred in connection with the Land or a) the design, developmentpermitting and construction of the Project, constructionincluding 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, furnishing(b) all products, materials, tools, equipment, and opening of fixtures relating to the Project Improvements. Dust, noise, traffic, hazardsProject, and other effects of such work shall be controlled in such manner as a Reasonable (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and Prudent Developer would undertake in light of consultants relating to the particular circumstancesProject.