Common use of Establishment of the Construction Date Clause in Contracts

Establishment of the Construction Date. The Design-Builder shall provide written notice to the Owner when it has satisfied all of the Construction Date Conditions and the date it proposes to establish as the Construction Date hereunder. If the Owner agrees that all of the Construction Date Conditions have been met it shall issue a written notice to proceed (the “Notice to Proceed”) to the Design-Builder and the Construction Date will be deemed to have occurred on the date of such notice. In the event the Owner elects to delay issuance of the Notice to Proceed notwithstanding the satisfaction of the Construction Date Conditions (which may occur for example if the CPUC has not issued the CPCN), (1) the Construction Date shall be the date stipulated as such by the Owner in the Notice to Proceed, (2) the Scheduled Acceptance Date shall be extended by the number of days between the Construction Date proposed by the Design-Builder and the actual Construction Date established by the Owner in its Notice to Proceed, and (3) the Design-Builder shall be entitled to reasonable price relief through an increase in the Fixed Design-Build Price in accordance with Section 9.3 (Uncontrollable Circumstances – Entitlement to Relief) provided any such price relief will take into consideration the escalation of the Construction Component Price set forth in subsection 5.1(C) (Fixed Design- Build Price Adjustments). The schedule and price relief afforded in this subsection is only applicable if the Construction Date is delayed beyond the Scheduled Construction Date due to Owner delay. In the event the Owner determines that the Design-Builder has not satisfied the Construction Date Conditions, notwithstanding the Design-Builder’s notice pursuant to this Section, the Owner shall indicate which conditions the Design-Builder has failed to satisfy in its notice to the Design-Builder pursuant to this subsection, the Design-Builder shall satisfy all such conditions prior to the establishment of the Construction Date, and there shall be no adjustment to the Scheduled Acceptance Date or price relief under this subsection.

Establishment of the Construction Date. The Design-Builder Company shall provide 10 days’ written notice to SRWA as to the Owner when it has satisfied all satisfaction of the Construction Date Conditions and the date it proposes to establish as the Construction Date hereunderDate. If the Owner agrees Company undertakes a series of phased Design Documents packages, then the Company may establish a series of Construction Dates consistent with its design and construction phasing. The date or dates proposed by the Company shall constitute the Construction Date unless SRWA, by written notice to the Company delivered not later than three days prior to the Construction Date proposed by the Company, determines that all of the Construction Date Conditions have not been met it shall issue satisfied or that SRWA has determined, acting reasonably, to delay the Construction Date (notwithstanding the satisfaction of the Construction Date Conditions) until SRWA delivers a subsequent written notice to proceed the Company (the “Notice to Proceed”) to the Design-Builder and the Construction Date will be deemed to have occurred on the date of such notice). In the event the Owner elects to delay issuance of the Notice to Proceed notwithstanding the satisfaction of the Construction Date Conditions (which may occur for example if the CPUC has not issued the CPCN), (1) the Construction Date shall be the date stipulated as such by the Owner in the Notice to Proceed, (2) the Scheduled Acceptance Date shall be extended by the number of days between the Construction Date proposed by the Design-Builder and the actual Construction Date established by the Owner in its Notice to Proceed, and (3) the Design-Builder shall be entitled to reasonable price relief through an increase in the Fixed Design-Build Price in accordance with Section 9.3 (Uncontrollable Circumstances – Entitlement to Relief) provided any such price relief will take into consideration the escalation of the Construction Component Price set forth in subsection 5.1(C) (Fixed Design- Build Price Adjustments). The schedule and price relief afforded in this subsection is only applicable if the Construction Date is delayed beyond the Scheduled Construction Date due to Owner delay. In the event the Owner SRWA determines that the Design-Builder Company has not satisfied the Construction Date Conditions, notwithstanding the Design-Builder’s notice pursuant to this Section, the Owner SRWA shall indicate which conditions the Design-Builder Company has failed to satisfy in its notice to the Design-Builder pursuant to this subsectionCompany, the Design-Builder Company shall satisfy all such conditions prior to the establishment of the Construction Date, and there shall be no adjustment to the Scheduled Acceptance Date or price relief under this subsection. In the event SRWA determines to delay the Construction Date notwithstanding the satisfaction of the Construction Date Conditions, (1) the Construction Date shall be the date stipulated as such by SRWA in the Notice to Proceed, (2) the Scheduled Acceptance Date shall be extended by the number of days between the Construction Date proposed by the Company and the actual Construction Date established by SRWA in its Notice to Proceed, and (3) the Company may be entitled to reasonable price relief to the extent provided by Section 8.3 (Uncontrollable Circumstances – Entitlement to Relief).