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:
Agreement Terms Modifications. The Parties agree that Attachment 5 (Project Schedule) of the Phase 3 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows:
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. [***].
Agreement Terms Modifications. The Parties agree that the below excerpt of Article 5.2.C of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows:
1. “In the event Owner fails to issue the NTP in accordance with Section 5.2B by December 31, 2017 November 1, 2019, then Contractor shall be entitled to a Change Order…”
2. “In the event Owner fails to issue the NTP in accordance with Section 5.2B by July 1, 2020 November 1, 2019, then Contractor shall be entitled to a Change Order…”
Agreement Terms Modifications. None with respect to Owner Responsibilities.
Agreement Terms Modifications. The Parties agree that Section III.C of CO-007 is modified (blue text are additions and red text are deletions) as follows:
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:
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 Section 2.3 (
Agreement Terms Modifications. The Parties agree that the below excerpt of Section 6.2A.1 of the Phase 1 EPC Agreement is modified (blue text are additions and red text are deletions) as follows: “Any Change in Law that adversely affects (i) Contractor’s costs of performance of the Work, (ii) Contractor’s ability to perform the Work in accordance with the Project Schedule or (iii) Contractor’s ability to perform any material obligation under this Agreement (provided that for any Change in Law regarding Taxes, any adjustment for Contractor pursuant to this Section 6.2 shall be permitted solely to the extent such Change in Law causes Contractor’s net aggregate Tax burden to increase benchmarked against Contractor’s net aggregate Tax burden as of December 2, 2021February 28, 2017, as determined by a reputable, independent auditor mutually agreed by the Parties and paid for by Contractor (or, absent such mutual agreement, as appointed by the Houston, Texas office of the AAA), such determination to be made on a “with and without” basis and taking into account any decreases in Contractor’s aggregate Tax burden resulting from any other provision in the Law giving rise to the Change in Law;”
