know or reasonably should have known (based on information made
available by Owner to Contractor or investigations made by Contractor prior to
the Contract Date) that its access was or would be restricted.
C.
CONTRACTOR SHALL PROVIDE OWNER ACCESS TO
THE SITE AT ALL TIMES.
4.4
OPERATION PERSONNEL.
OWNER SHALL PROVIDE TO
CONTRACTOR A MINIMUM OF FIFTY (50) QUALIFIED AND COMPETENT OPERATING AND
MAINTENANCE PERSONNEL SUFFICIENT TO COMMISSION AND TEST THE FACILITY UNDER THE
SUPERVISION OF CONTRACTOR AS SET FORTH IN ATTACHMENT V.
UNTIL SUBSTANTIAL
COMPLETION, SUCH PERSONNEL SHALL BE UNDER THE DIRECTION AND CONTROL OF AND
SUPERVISED BY CONTRACTOR.
SUCH OPERATING AND MAINTENANCE PERSONNEL SHALL BE
AVAILABLE FOR TRAINING AS REQUIRED PURSUANT TO SECTION 3.5.
TO THE EXTENT NOT
SET FORTH IN ATTACHMENT V, CONTRACTOR SHALL PREPARE FOR OWNER'S REVIEW A PROJECT
COMMISSIONING PLAN REGARDING THE UTILIZATION OF OWNER'S OPERATION AND
MAINTENANCE PERSONNEL AND CONTRACTOR'S PERSONNEL DURING COMMISSIONING AND FOR
THE CONDUCT OF PERFORMANCE TESTS.
SUCH PROJECT COMMISSIONING PLAN SHALL BE
MUTUALLY AGREED-UPON BY THE PARTIES, EACH ACTING REASONABLY, NO LATER THAN
FORTY-FIVE (45) DAYS AFTER OWNER'S RECEIPT OF CONTRACTOR'S PROPOSED PROJECT
COMMISSIONING PLAN.
WITHOUT IN ANY WAY LIMITING CONTRACTOR'S OBLIGATION TO
PROVIDE FORCES AND LABOR DURING COMMISSIONING AND PERFORMANCE TESTING,
CONTRACTOR AGREES THAT IF ANY ACTIVITY DURING COMMISSIONING AND PERFORMANCE
TESTING REQUIRES DIRECT SUPERVISION BY CONTRACTOR, SUCH SUPERVISION SHALL BE
PERFORMED BY CONTRACTOR OR A SUBCONTRACTOR OR SUB-SUBCONTRACTOR. OWNER SHALL
REMAIN RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH OWNER'S OPERATION AND
MAINTENANCE PERSONNEL, INCLUDING SALARIES, TRAVEL AND EXPENSES.
4.5
SALES AND USE TAX MATTERS.
A.
OWNER SHALL PARTICIPATE IN THE LOUISIANA
ENTERPRISE ZONE PROGRAM, WHICH
34
SHALL ALLOW OWNER TO RECEIVE A REBATE DIRECTLY FROM THE STATE OF LOUISIANA
DEPARTMENT OF REVENUE OF THE REBATABLE PORTION OF LOUISIANA STATE, PARISH AND
LOCAL-OPTION SALES AND USE TAX ("LOUISIANA SALES AND USE TAX") INCURRED AND PAID
BY CONTRACTOR AND ITS SUBCONTRACTORS OR SUB-SUBCONTRACTORS IN CONNECTION WITH
PERFORMANCE OF THE WORK.
CONTRACTOR SHALL PROVIDE TO OWNER, FOR ITSELF AND ITS
SUBCONTRACTORS AND SUB-SUBCONTRACTORS, ALL DOCUMENTATION AS MAY BE REASONABLY
REQUESTED BY OWNER AND AVAILABLE TO CONTRACTOR AND ITS SUBCONTRACTORS AND
SUB-SUBCONTRACTORS IN ORDER TO ALLOW OWNER TO SECURE SUCH REBATE.
SUCH
DOCUMENTATION SHALL INCLUDE INVOICE DOCUMENTATION SUPPORTING ALL LOUISIANA SALES
AND USE TAXES PAID BY CONTRACTOR AND ITS SUBCONTRACTORS AND SUB-SUBCONTRACTORS
FOR THE PURCHASE OF EQUIPMENT, INCLUDING PURCHASES OF EQUIPMENT MADE UNDER LUMP
SUM CONTRACT AGREEMENTS.
SUCH INVOICE DOCUMENTATION SHALL BE PROVIDED TO OWNER
ON A TIMELY BASIS AND SHALL CLEARLY IDENTIFY (I) THE ITEM OF EQUIPMENT
PURCHASED, (II) THE AMOUNT OF LOUISIANA SALES AND USE TAX PAID; AND (III) ALL
INFORMATION (INCLUDING OWNER'S NAME, THE TAXPAYER'S NAME, THE PROJECT NAME AND
THE PROJECT ADDRESS) TO PROPERLY ESTABLISH THAT THE EQUIPMENT WAS USED IN
CONNECTION WITH OR INCORPORATED INTO THE FACILITY.
IF THE EQUIPMENT WAS TAKEN
FROM CONTRACTOR'S, SUBCONTRACTOR'S OR SUB-SUBCONTRACTOR'S INVENTORY, SUBJECT TO
SECTION 4.5C, CONTRACTOR SHALL PROVIDE OWNER WITH AN INVOICE, JOURNAL VOUCHERS
OR OTHER SIMILAR DOCUMENTATION AS MAY BE REQUIRED TO EVIDENCE THAT THE
APPLICABLE LOUISIANA SALES AND