Responsibility for Construction. The Consultant shall not be responsible for construction means, methods, techniques, sequences, procedures or safety precautions and programs in connection with the construction work, and shall not be responsible for a Contractor’s failure to carry out the work in accordance with the Construction Documents. However, where the Consultant observes deficiencies in the work or where the Consultant observes Contractor failing to execute the construction work in accordance with the Construction Documents, the Consultant shall promptly notify the Contractor and the State in writing of all such deficiencies and shall inform the State when, in the Consultant’s opinion, the work should be stopped. Authority to stop work shall, however, rest with the State.
Responsibility for Construction. Tenant shall construct all Designated Improvements in a good and workmanlike manner, in accordance with (1) the descriptions and renderings attached as Exhibit H, (2) any Construction Documents for which Tenant has requested and obtained the written approval of Landlord or which Landlord has executed at the request of Tenant pursuant to Paragraph 10.(b) (though this clause (2) shall not be construed to require Tenant to get such approval or execution of Construction Documents by Landlord), (3) Applicable Laws, and (4) the other provisions of this Lease. Further, except for building foundations, driveways, parking lots, sidewalks and other improvements which would not suffer damage by being submerged under flood waters, all Designated Improvements shall be constructed by Tenant above the elevation that the U.S. Army Corp of Engineers or any other governmental authority estimates as the highest elevation that 100 year flood waters could be expected to reach. Tenant shall have sole responsibility for contracting for and administering the construction of Designated Improvements, it being understood that Landlord's obligation with respect to the Designated Improvements shall be limited to the making of advances under and subject to the conditions set forth in this Paragraph 6. No contractor or other third party shall be entitled to enforce Landlord's obligations to make advances as a third party beneficiary. Notwithstanding delays beyond Tenant's control, and even if the Construction Allowance is not sufficient to pay for completion of Designated Improvements, Tenant warrants that it shall cause all Designated Improvements with respect to which it receives any Construction Advances to be completed on or prior to the Completion Deadline. (ii) Scope Changes. Before making any Scope Change to the Designated Improvements contemplated in Exhibit H, Tenant shall provide to Landlord a reasonably detailed written description of the Scope Change and a revised construction budget, all of which must be approved in writing by Landlord (or by any construction representative appointed by Landlord from time to time) before the Scope Change is implemented. (iii)
Responsibility for Construction. Utility shall perform (through its contractors) all Construction for each Rearrangement, unless, during the process of Design Engineering, MTA and Utility mutually agree that MTA shall perform all or part of the Construction for a Rearrangement. The Party performing Construction may perform such Construction either prior to Construction of the Subject Transit Project, concurrently with such Construction, or through a combination of said alternatives, as mutually agreed by the Parties.
Responsibility for Construction. Landlord shall administer the construction of the Tenant Work in accordance with the Plans and any change orders approved pursuant to this Work Letter. All Tenant Work shall be constructed by Landlord’s general contractor with the exception of those items constructed by Tenant’s contractor or vendor which shall be limited to telephone equipment and specialized office equipment wiring, which shall be performed at Tenant’s sole cost and expense, in good xxxxxxx-like manner in compliance with all applicable laws and pursuant to plans approved by Landlord, and, shall, at Landlord’s option, be performed under the supervision of Landlord or its contractor (or subcontractor).
Responsibility for Construction. Except as otherwise provided for herein, KCPL shall have sole responsibility, to be discharged in accordance with Good Utility Practice, for the planning, licensing, permitting, design, construction and testing of Unit 2 and the Common Facilities Upgrades. KCPL will use Commercially Reasonable Efforts to comply with all applicable requirements of all applicable statutes and the rules and regulations of such regulatory agencies as shall have competent jurisdiction over the planning, permitting, design, licensing, construction and testing of Unit 2. KCPL shall not be liable or responsible for any failure to perform hereunder where such failure to perform is caused by or is a result of Force Majeure. KCPL agrees that prior to making any discretionary design changes, as distinguished from design changes required for reliability purposes or by law, that are expected to increase Cost of Construction by $25 million or more, KCPL will submit said proposed change to a vote of the Management Committee.
Responsibility for Construction. Tenant shall have sole responsibility for contracting for and administering all Construction Projects, it being understood that Landlord's obligation with respect to Construction Projects shall be limited to the making of advances under and subject to the conditions set forth in this Paragraph 6. No contractor or other third party shall be entitled to require Landlord to make advances as a third party beneficiary of this Lease or otherwise. Notwithstanding delays beyond Tenant's control, and even if the Construction Allowance is not sufficient to pay for completion of any Construction Project, Tenant warrants that on the Designated Payment Date under the Purchase Agreement it shall have caused the initial Construction Project and any subsequent Construction Projects which are commenced during the Term to be completed in a good and workmanlike manner, substantially in accordance with Applicable Laws, and otherwise in compliance with the provisions of this Lease, unless Tenant or an Applicable Purchaser has purchased the Leased Property pursuant to the Purchase Agreement for a net price to Landlord (when taken together with any additional payments made by Tenant pursuant to Paragraph 2(a)(ii) of the Purchase Agreement, in the case of a purchase by an Applicable Purchaser) of not less than Stipulated Loss Value.
Responsibility for Construction. Manager shall be responsible for supervising construction of the Eligible Operation and all phases or portions thereof, and the Project Manager shall report to Manager.
Responsibility for Construction. Any construction or installation by or for the benefit of Rail Company shall be at the sole risk of Rail Company and shall be in accordance with the all Applicable Laws and subject to inspection by the Executive Director.
Responsibility for Construction. The Concessionaire:
Responsibility for Construction. 37.1 The Constructing Party is responsible for managing the construction phase and must: enter into the Building Contract to carry out the Works with the Contractor; use reasonable endeavours to ensure that the Works are commenced, carried out and completed in accordance with the Building Contract; do everything which a reasonably prudent principal (as defined in the Building Contract) would do to enforce the Building Contract and ensure that the rights and entitlements of the principal under the Building Contract are exercised in a proper and timely manner; use reasonable endeavours to ensure that the Works are progressed diligently and are brought to Practical Completion by the Date of Practical Completion in the Building Contract.
