CONCESSION AGREEMENT for the PRESIDIO PARKWAY PROJECT

in the Department's reasonable judgment is likely to result in a Safety ComplianceOrder. Except in the case of an emergency, the Department shall consult withDeveloper prior to issuing a Safety Compliance Order concerning the risk to public orworker safety, alternative compliance measures, cost impacts, and the availability ofDeveloper resources to fund the required Work.8.3.1.2 Subject to conducting such prior consultation, the Department mayissue Safety Compliance Orders to Developer at any time from and after the EffectiveDate.8.3.2 Duty to Comply8.3.2.1 Subject to Section 8.3.1, Developer shall implement all SafetyCompliance as expeditiously as reasonably possible following issuance of the SafetyCompliance Order. Developer shall diligently prosecute the work necessary to achievesuch Safety Compliance until completion.8.3.2.2 Developer shall be entitled to submit a Claim for Extra Work Costs,Delay Costs or time extensions relating to compliance with a Safety Compliance Order asprovided in Article 9. Notwithstanding the provisions in this Section 8.3.2.2, Developershall not be entitled to any compensation, extension of time or other claim against theDepartment to the extent that the Safety Compliance Order is the result of thenegligence, willful misconduct, or breach of applicable Law or contract by Developer orany Developer-Related Entity.9.1 Developer ClaimsARTICLE 9. DEVELOPER CLAIMS AND RELIEF EVENTS9.1.1 Claim SubmissionIf Developer believes that it is entitled to Extra Work Costs, Delay Costs, time extensionor other relief under the Contract Documents, Developer shall submit a Claim and comply withthe claims procedures and requirements as set forth in [Section __ of Division __].9.1.2 Claim Deductible9.1.2.1 Except as provided in Section 9.1.2.2, each Claim seekingthe recovery of Extra Work Costs and Delay Costs, as applicable, shall be subject tothe Claim Deductible. The Claim Deductible reflects the Parties’ agreement that: (a)Developer will bear the financial risks for Extra Work Costs and Delay Costs, asapplicable, for each Claim, up to the Claim Deductible; and (b) the Department willcompensate Developer for Extra Work Costs and Delay Costs, as applicable, in excessof the Claim Deductible, provided that each Claim complies with [Section __ of Division__].9.1.2.2 The Claim Deductible shall not apply to a Claim seekingrecovery for the following:1. Department Change;CALIFORNIA DEPARTMENT OF TRANSPORTATION - 49 - DraftPresidio Parkway ProjectCONCESSION AGREEMENTContract # [XXXXXX]Financial Management # [XXXXXXXXXX]