Common use of Failure to Achieve Substantial Completion by Long Stop Date; Substantial Completion Recovery Plan Clause in Contracts

Failure to Achieve Substantial Completion by Long Stop Date; Substantial Completion Recovery Plan. Contractor will achieve Substantial Completion of the DB Project by the Long Stop Date. The Long Stop Date will be extended one time if (i) Contractor submits to Concessionaire for Concessionaire’s Approval (which approval will be subject to the Department’s approval under Section 8.15(b) of the Comprehensive Agreement) a written recovery plan (the “Substantial Completion Recovery Plan”) not later than ninety (90) days prior to the Long Stop Date, (ii) the Substantial Completion Recovery Plan outlines the actions Contractor proposes to take in order to cause Substantial Completion to occur as promptly as reasonably possible, which plan may include increasing work hours to the extent permitted under applicable Law and utilizing additional labor and equipment and other appropriate acceleration techniques to improve schedule progress and will set forth a proposed new Long Stop Date, (iii) such Substantial Completion Recovery Plan and new Long Stop Date is subject to Concessionaire’s Approval (which approval shall be contingent upon the Department’s approval under the Comprehensive Agreement) within thirty (30) days in its reasonable discretion, (iv) Contractor diligently implements the Substantial Completion Recovery Plan and (v) Contractor agrees to continue to pay Late Substantial Completion Payments pursuant to Section 7.2 (at the same daily rate for up to the number of additional days by which the Long Stop Date is so extended at Contractor’s request) notwithstanding the limit on Contractor’s liability for such Late Substantial Completion Payments set forth in Section 7.6. If all the conditions to the approval of the Substantial Completion Recovery Plan set out in the preceding sentence have been satisfied, the Long Stop Date hereunder shall be extended for the same number of days the corresponding “Long Stop Date” has been extended under the Comprehensive Agreement. In addition, Concessionaire may, in its sole discretion, consent (which consent will be subject to the Department’s consent under Section 8.15(b) of the Comprehensive Agreement) to a second Substantial Completion Recovery Plan upon such terms and conditions as it may establish in its sole discretion.