Common use of Delayed LNTP No. 1 or NTP Clause in Contracts

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.