Agreement Terms Modifications. The Parties agree that the below excerpt of Section 5.2.C of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows:
Agreement Terms Modifications. The Parties agree to amend Section 4.9 of the Driftwood LNG Phase 4 EPC Agreement by changing the Owner’s Representative from [***] to [***]. Accordingly, the Parties agree that Section 4.9 of the Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “Owner Representative”. Owner designates [***] as the Owner Representative. Notification of a change in Owner Representative shall be provided in advance, in writing, to Contractor.
Agreement Terms Modifications. The Parties agree that Attachment 5 (Project Schedule) of the Phase 4 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: Limited Notice to Proceed [***] Days prior to Owner’s issuance of Notice to Proceed Notice to Proceed Day Zero Ready for Start Up [***] Days following Owner’s issuance of Notice to Proceed Target Substantial Completion Date [***] Days from Owner’s issuance of Notice to Proceed Guaranteed Substantial Completion Date [***] Days from Owner’s issuance of Notice to Proceed Final Completion [***] Days after Guaranteed Substantial Completion Date The Parties agree that Article 13.2 (Schedule Bonus) of the Phase 4 EPC Agreement remains unchanged and the Schedule Bonus Date for Project 5 remain unchanged at [***] Days after issuance of NTP for Project 5. Page 1 of 2 Adjustment to Contract Price The original Contract Price was USD 1,925,058,672 EUR 148,365,834 Net change by previously authorized Change Orders USD 0 EUR 0 The Contract Price prior to this Change Order was USD 1,925,058,672 EUR 148,365,834 The Contract Price will be increased (decreased) unchanged by this Change Order in the amount of USD 0 EUR 0 The new Contract Price including this Change Order will be USD 1,925,058,672 EUR 148,365,834 The Aggregate Provisional Sum prior to this Change Order was USD 127,877,840 EUR 0 The Aggregate Provisional Sum will be increased (decreased) unchanged by this Change Order in the amount of USD 0 EUR 0 The new Aggregate Provisional Sum including this Change Order will be USD 127,877,840 EUR 0 Adjustments to dates in Project Schedule: The following dates are modified: N/A Adjustment to other Changed Criteria: N/A Adjustment to Payment Schedule: N/A Adjustment to Provisional Sums: N/A Adjustment to Minimum Acceptance Criteria: N/A Adjustment to Performance Guarantees: N/A Adjustment to Design Basis: N/A Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A Select either A or B: [A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials: [***] Contractor [***] Owner [B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed...
Agreement Terms Modifications. The Parties agree that the below excerpt of Section IV.A of CO-011 is modified (blue text are additions and red text are deletions) as follows: “Subject to Section III above, Contractor will:
Agreement Terms Modifications. The Parties agree that the below excerpt of Section 1.2 (HAZOP/LOPA Design Change Provisional Sum) of Attachment 31 of the Phase 1 EPC Agreement is deleted from the Agreement [***] (red text are additions and strikethrough text are deletions) as follows: “The Aggregate Provisional Sum contains a Provisional Sum of [***] U.S. Dollars (U.S.$[***]) for changes to the Work in connection with execution of HAZOP/LOPA reviews (“HAZOP/LOPA Design Change Provisional Sum”). HAZOP/LOPA reviews typically result in additional costs to Contractor to design, implement, procure, deliver, install, supervise, inspect, preserve and turnover to Owner any additional Work outside of Contractor’s scope defined in the FEED documents. This provisional sum will also include any HAZOP/LOPA reviews for Subcontractor design documentation as applicable. Contractor will implement HAZOP/LOPA resolutions and notify Owner accordingly. If the actual amount of HAZOP/LOPA design changes implemented by Contractor is less than the HAZOP/LOPA Design Change Provisional Sum, Owner shall be entitled to a Change Order reducing the Contract Price by such difference and [***] ([***]%) of such difference. If the actual amount of HAZOP/LOPA design changes implemented by Contractor is greater than the HAZOP/LOPA Design Change Provisional Sum, Contractor shall be entitled to a Change Order increasing the Contract Price by such difference and [***] ([***]%) of such difference.”
Agreement Terms Modifications. The Parties agree that the below excerpt of Section 2.3 (
Agreement Terms Modifications. The Parties agree that the below excerpt of Section 2.3 (Customs, Tariffs, and Duties Provisional Sum) of Attachment 31 of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows. [***]. “The Aggregate Provisional Sum contains a Provisional Sum of [***] U.S. Dollars (U.S. $[***]) for customs, tariffs, and duties arising in connection with the Work (“Customs, Tariffs, and Duties Provisional Sum”). The Customs, Tariffs, and Duties Provisional Sum includes, but is not limited to, applicable customs duty, tariffs, taxes and fees including anti-dumping duties (ADD) and countervailing duties (CVD) assessed by U.S. Customs and Border Protection on Contractor, its Subcontractors and Sub-subcontractors for materials, equipment, components, and modules sourced from outside the United States during plant construction.”
Agreement Terms Modifications. The Parties agree that the below excerpt of Section 16.7 of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “Termination in the Event of Delayed Notice to Proceed. In the event Owner fails to issue the NTP in accordance with Section 5.2B by March 30, 20222021 (as may be extended by mutual agreement by the Parties), then either Party shall have the right to terminate this Agreement by providing written notice of termination to the other Party, to be effective upon receipt by the other Party. In the event of such termination, Contractor shall have the rights (and Owner shall make the payments) provided for in Section 16.2, except that, in respect of loss of profit, Contractor shall only be entitled to a lump sum equal to U.S.$5,000,000.”
Agreement Terms Modifications. The Parties agree that the below excerpt of Sections 16.2C.1 and 16.2C.2 of the Phase 1 EPC Agreement is modified (blue text are additions and red text are deletions) as follows: “in respect loss of profit, Owner shall pay Contractor a lump sum amount in accordance with the following:
