Total-EPC-Book=180920

3-92 | EPC Template
Acceptance Test Capacity Guarantee standards are set forth in Article 11 and Schedule
III.
4.18 Other Authorizations. Except for the Governmental Authorizations, Contractor shall
be required to obtain all other Authorizations (e.g., street opening permits, plumbing
permits, etc.) required for the performance of the Work.
4.19 Confidentiality. Contractor shall make available to Owner any record produced or
collected under this Agreement. Owner agrees to treat as confidential materials that
Contractor reasonably identified, and clearly designated, as confidential. Owner agrees
that if it shall receives an order (in whatever form) compelling it by Law to disclose any
such confidential record produced or collected under this Agreement, it shall (to the
extent permitted by Law) afford Contractor, and any Subcontractors who were the source
of the requested record, notice of such request to afford Contractor or such others an
opportunity to contest the order.
4.20 Insurance. Contractor shall obtain and maintain insurance as set forth in
Schedule II.
4.21 Contractor Guarantee. On the Effective Date, Contractor shall obtain and deliver a
guarantee from [Name of parent firm or other Guarantor] . (“Parent Guarantee”) of
performance for the obligations of Contractor, in the form of Schedule X. The
obligations of Owner pursuant to Article 5 hereunder are expressly conditioned upon the
receipt of such Parent Guarantee.
ARTICLE 5 - OWNER’ RIGHTS AND RESPONSIBILITIES
5.1 Transfer of Control Responsibility to Owner. On the Commercial Operation Date,
Owner, through Operator and in accordance with the terms of a separate O & M
Agreement, shall assume sole responsibility for the dispatch and control of the Facility.
except that Contractor shall have the right and obligation to (a) provide technical,
operational and general supervisory guidance, (b) complete any remaining Punch List
items on a schedule that is mutually agreeable to the Parties; and (c) otherwise perform
its remaining obligations under this Agreement.
5.2 Owner’s Responsibilities During the Project. Owner shall:
5.2.1 Make payment of the Cost of the Work in accordance with Article 9.
5.2.2 Require employees and agents to abide by all rules applicable to the Site and
the Facility, including but not limited to rules pertaining to safety, security procedures or
requirements, and designated entrances.
5.2.3 Reasonably cooperate with Contractor and provide any other assistance
reasonably necessary to enable Contractor to perform the Work as required hereunder.
5.2.4 Provide adequate temporary construction easements and permanent
easements for the Facility and any necessary support facilities for the Facility.
5.2.5 At all times promptly respond, including making appropriate representatives
available with decision-making authority, to any reasonable requests by any of the Parties