4.2
OWNER PERMITS.
OWNER SHALL BE RESPONSIBLE
FOR OBTAINING THE OWNER PERMITS.
OWNER SHALL MAINTAIN AND, TO THE EXTENT
APPLICABLE, RENEW SUCH OWNER PERMITS.
TO THE EXTENT OWNER HAS ALREADY OBTAINED
ANY OF THE OWNER PERMITS AS OF THE EFFECTIVE DATE OF THIS AGREEMENT, OWNER SHALL
PROVIDE COPIES OF SUCH OWNER PERMITS TO CONTRACTOR ON OR BEFORE THE EFFECTIVE
DATE.
TO THE EXTENT OWNER HAS NOT OBTAINED ANY OWNER PERMITS PRIOR TO THE
EFFECTIVE DATE, OWNER SHALL OBTAIN SUCH OWNER PERMITS IN ACCORDANCE WITH THE
SCHEDULE CONTAINED IN ATTACHMENT Q AND OWNER SHALL PROVIDE CONTRACTOR WITH
COMPLETE COPIES OF SUCH OWNER PERMITS WITHIN FIVE (5) BUSINESS DAYS AFTER
OBTAINING THEM.
THE TERMS OF ALL SUCH PERMITS SHALL BE COMPATIBLE WITH
CONTRACTOR'S PERFORMANCE OF THE WORK, AND OWNER SHALL PROMPTLY NOTIFY CONTRACTOR
OF ANY CHANGES TO THE TERMS OF ANY SUCH OWNER PERMIT THAT IMPACTS CONTRACTOR'S
PERFORMANCE OF THE WORK UNDER THIS AGREEMENT.
OWNER SHALL PROVIDE INFORMATION,
ASSISTANCE AND DOCUMENTATION TO CONTRACTOR AS REASONABLY REQUESTED IN CONNECTION
WITH THE CONTRACTOR PERMITS.
4.3
ACCESS TO THE SITE AND OFF-SITE RIGHTS OF
WAY AND EASEMENTS.
A.
IN ACCORDANCE WITH ATTACHMENT U AND SUBJECT
TO THE TERMS OF THIS AGREEMENT, INCLUDING SECTIONS 3.24A AND 4.3C, OWNER SHALL
PROVIDE CONTRACTOR WITH ACCESS TO AND CARE AND CUSTODY OF THE SITE.
SUCH ACCESS
SHALL BE SUFFICIENT TO PERMIT CONTRACTOR TO PROGRESS WITH CONSTRUCTION ON A
CONTINUOUS BASIS WITHOUT MATERIAL
33
INTERRUPTION OR INTERFERENCE BY OTHERS.
TO THE EXTENT THAT (I) ANY OF OWNER'S
OTHER CONTRACTORS OR SUBCONTRACTORS WORKING AT THE SITE PRIOR TO SUBSTANTIAL
COMPLETION OR (II) ANY LANDOWNER ACCESSING THE SITE PRIOR TO SUBSTANTIAL
COMPLETION, IN EITHER CASE MATERIALLY INTERRUPTS OR INTERFERES WITH CONTRACTOR'S
PERFORMANCE OF THE WORK AND SUCH INTERRUPTION OR INTERFERENCE ADVERSELY AFFECTS
CONTRACTOR'S ABILITY TO PERFORM THE WORK IN ACCORDANCE WITH THE PROJECT SCHEDULE
OR CONTRACTOR'S COST OF PERFORMANCE OF THE WORK, CONTRACTOR SHALL BE ENTITLED TO
A CHANGE ORDER; PROVIDED THAT CONTRACTOR COMPLIES WITH THE REQUIREMENTS IN
SECTIONS 6.2, 6.5 AND 6.9.
B.
Subject to Section 3.24B, the Contract Price is based on Owner
providing Contractor with access to the off-Site rights of way and easements
listed in Attachment Y (the "Off-Site Rights of Way and Easements") sufficient
to permit Contractor to progress with construction without material interruption
or interference by others while adhering to the reasonable instructions provided
by Owner or the applicable Landowner(s) in connection with Work performed within
such Off-Site Rights of Way and Easements.
To the extent Contractor is not
provided with sufficient access to such Off-Site Rights of Ways and Easements to
progress with construction without material interruption or interference by
others, and such interruption or interference adversely affects Contractor's
cost of performance of the Work or Contractor's ability to perform the Work in
accordance with the Project Schedule, Contractor shall be entitled to a Change
Order; provided that (i) Contractor complies with the requirements set forth in
Sections 6.2, 6.5 and 6.9 and (ii) at or prior to the Contract Date, Contractor
did not