Delayed LNTP No. 1 or NTP Clause Samples

Delayed LNTP No. 1 or NTP. 1. In the event Owner fails to either (i) issue LNTP No. 1 in accordance with Section 5.1 on or before December 13, 2017, (ii) issue NTP in accordance with Section 5.2 on or before *** and Owner has not issued LNTP No. 2 in accordance with Section 5.1 on or before ***, (iii) issue NTP in accordance with Section 5.2 on or before *** and Owner has not issued LNTP No. 3 in accordance with Section 5.1 on or before ***, or (iv) issue NTP in accordance with Section 5.2 on or before July 5, 2018 despite Owner having issued LNTP No 3. in accordance with Section 5.2 on or before ***, then Contractor shall be entitled to an adjustment to the Contract Price and the Project Schedule if and to the extent caused by such delayed issuance of LNTP ▇▇. ▇, ▇▇▇▇ ▇▇. ▇, ▇▇▇▇ ▇▇. ▇ or NTP, as applicable. Such adjustment shall include cost and schedule impacts caused by, for example, closing of vendor shops, unavailability of materials, labor unavailability, impacts on ability to attract and/or retain qualified labor, as well as escalation and loss of synergies with Contractor’s work under the Stage 1 EPC Contract. For the avoidance of doubt, any adjustment to the Contract Price or Project Schedule shall not be based on Contractor’s errors or omissions, a change in technology, or a change in material or Equipment quantities (except where the unavailability of materials, vendors or labor caused by such delayed issuance of LNTP No. 1 or NTP results in necessary changes to Equipment specifications). Contractor shall use commercially reasonable efforts and GECP to mitigate the increase to the Contract Price and the Project Schedule. Such agreed-upon adjustment will be set forth in a Change Order. 2. Contractor shall, at the end of every three Month period thereafter until NTP (if any) is issued by Owner, notify Owner in writing of any impacts such delay has on Contractor’s costs of performance of the Work, including Subcontractor prices, and Contractor’s ability to perform the Work in accordance with the Agreement, including the Project Schedule and other Changed Criteria. Contractor shall not be entitled to the relief in this Section 5.2C to the extent the reason for Owner failing to issue NTP is because Contractor failed to provide the Letter of Credit in accordance with Section 9.2A.
View SourceView Similar (3)

Related to Delayed LNTP No. 1 or NTP

  • Alternate or Supplemental Pricing Documents No response Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that documentation.

  • JOC Pricing of Itemized List of RS Means Non-Prepriced Items No response The Vendor may download the optional Pricing of Itemized List of RS Means Non-Prepriced Items form from the attachment tab, fill in the requested information, and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files. Valid Reference Email addresses are REQUIRED on the spreadsheet. The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and upload the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.

  • Supplemental Pricing Documents No response Optional. If when completing Pricing Form 1 & Pricing Form 2 you direct TIPS to view additional, alternate, or supplemental pricing documentation, you may upload that documentation.

  • JOC Pricing of Itemized List of Means Non-Prepriced Items” based on the information herein. This Addendum is only to correct a misstatement on the original optional attachment entitled “PART 2 JOC Pricing of Itemized List of Means Non-Prepriced Items.” The attachment mistakenly provided for and discussed “Attribute 39.” Specifically, any erroneous reference to “Attribute 39” on the specified attachment should be considered immediately replaced with “the Attribute Question asking for Pricing for Markup of Non- Prepriced Items in RS Means Unit Price Book.” Please disregard any reference to Attribute 39 on this optional form and consider it to be referencing the Attribute Question asking for “Pricing for Markup of Non-Prepriced Items in RS Means Unit Price Book” instead.

  • Contractor Responsibility for System Agency’s Termination Costs If the System Agency terminates the Contract for cause, the Contractor shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute vendor and the cost of any claim or litigation attributable to Contractor’s failure to perform any Work in accordance with the terms of the Contract.