Common use of COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES Clause in Contracts

COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that the 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGC's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] to a stage where the User is ready to commence the Commissioning Programme, NGC shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC to pay to NGC a sum equal to NGC's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGC's invoice(s) therefor and on termination (where applicable) NGC shall disconnect the User's Equipment at the Connection Site and (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGC’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User and (b) in the case of Connection Sites in [England and Wales] NGC shall remove and in the case of Connection Sites in [Scotland] NGC shall procure that the Relevant Transmission Licensee removes any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User.

Appears in 2 contracts

Samples: Bilateral Connection Agreement, Bilateral Connection Agreement

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COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that thethe Independent Engineer certifies in writing to that effect. 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC The Company (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC The Company (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGCThe Company's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] to a stage where the User is ready to commence the Commissioning Programme, NGC The Company shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC to pay to NGC a sum equal to NGC's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGC's invoice(s) therefor and on termination (where applicable) NGC shall disconnect the User's Equipment at the Connection Site and (a) NGC and the User provisions of Clause 11 shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGC’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User and (b) in the case of Connection Sites in [England and Wales] NGC shall remove and in the case of Connection Sites in [Scotland] NGC shall procure that the Relevant Transmission Licensee removes any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the Userapply.

Appears in 2 contracts

Samples: Construction Agreement, Construction Agreement

COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that thethe Independent Engineer certifies in writing to that effect. 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC The Company (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC The Company (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGCThe Company's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] to a stage where the User is ready to commence the Commissioning Programme, NGC The Company shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC The Company to pay to NGC The Company a sum equal to NGCThe Company's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGCThe Company 's invoice(s) therefor and on termination (where applicable) NGC The Company shall disconnect the User's Equipment at the Connection Site and and: (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGCThe Company’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC The Company or the Relevant Transmission Licensee (as appropriate) and the User and User; and (b) in the case of Connection Sites in [England and Wales] NGC , The Company shall remove and and, in the case of Connection Sites in [Scotland] NGC , The Company shall procure that the Relevant Transmission Licensee removes removes, any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC The Company or the Relevant Transmission Licensee (as appropriate) and the User.

Appears in 1 contract

Samples: Construction Agreement

COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that thethe Independent Engineer certifies in writing to that effect. 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC The Company (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC The Company (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGCThe Company's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] ]the Backstop Date to a stage where the User is ready to commence the Commissioning Programme, NGC The Company shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. Upon such termination the provisions of Clause 11 shall apply. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC The Company to pay to NGC The Company a sum equal to NGCThe Company's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGCThe Company 's invoice(s) therefor and on termination (where applicable) NGC The Company shall disconnect the User's Equipment at the Connection Site and (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGC’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User and (b) in the case of Connection Sites in [England and Wales] NGC shall remove and in the case of Connection Sites in [Scotland] NGC shall procure that the Relevant Transmission Licensee removes any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User.and:

Appears in 1 contract

Samples: Construction Agreement

COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that the 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGC's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] to a stage where the User is ready to commence the Commissioning Programme, NGC shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC to pay to NGC a sum equal to NGC's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGC's invoice(s) therefor and on termination (where applicable) NGC shall disconnect the User's Equipment at the Connection Site and and: (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGC’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User and User; and (b) in the case of Connection Sites in [England and Wales] , NGC shall remove and and, in the case of Connection Sites in [Scotland] , NGC shall procure that the Relevant Transmission Licensee removes removes, any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User.

Appears in 1 contract

Samples: Bilateral Connection Agreement

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COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that thethe Independent Engineer certifies in writing to that effect. 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC The Company (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC The Company (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGCThe Company's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate. 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] to a stage where the User is ready to commence the Commissioning Programme, NGC The Company shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC The Company to pay to NGC The Company a sum equal to NGCThe Company's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGCThe Company 's invoice(s) therefor and on termination (where applicable) NGC The Company shall disconnect the User's Equipment at the Connection Site and and: (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], on the other party's NGC’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User and User; and (b) in the case of Connection Sites in [England and Wales] NGC shall remove and in the case of Connection Sites in [Scotland] NGC The Company shall procure that the Relevant Transmission Licensee removes removes, any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC or the Relevant Transmission Licensee (as appropriate) and the User.

Appears in 1 contract

Samples: Construction Agreement

COMMISSIONING PROGRAMME AND LIQUIDATED DAMAGES. 4.1 Each party shall give written notice to the other declaring its readiness to commence the Commissioning Programme when this is the case. 4.2 The Commissioning Programme shall commence forthwith once both parties have given written notice to the other under Clause 4.1. 4.3 The Works shall be deemed to have been Commissioned on the date that thethe Independent Engineer certifies in writing to that effect. 4.4 In the event that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date NGC The Company (if and to the extent that it is responsible for delayed commissioning beyond the Commissioning Programme Commencement Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date of commencement of the Commissioning Programme is later than the Commissioning Programme Commencement Date. It is declared and agreed that such Liquidated Damages shall cease to be payable in respect of any period after the date of actual commencement of the Commissioning Programme. 4.5 In the event that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date NGC The Company (if and to the extent that it is responsible for delayed completion beyond the Completion Date, such responsibility and/or its extent to be determined by the Independent Engineer failing agreement between the parties) shall be liable to pay to the User Liquidated Damages for each day that the actual date on which the NGC Construction Works are Commissioned is later than the Completion Date. It is hereby agreed and declared that such Liquidated Damages shall cease to be payable in respect of any period after completion of the NGC Construction Works. 4.6 Liquidated Damages payable under Clauses 4.4 and 4.5 of this Construction Agreement shall accumulate on a daily basis but shall be payable calendar monthly. On or before the 15th day of each month the party entitled to receive the payment of Liquidated Damages shall send to the other party a statement of the Liquidated Damages which have accrued due in the previous calendar month. The party receiving such statement shall in the absence of manifest error pay the Liquidated Damages shown on the statement within 28 days of the date upon which the statement is received. 4.7 Without prejudice to and in addition to the obligation of the User pursuant to Clause 2.4 of this Construction Agreement, the payment or allowance of Liquidated Damages pursuant to this Clause 4 shall be in full satisfaction of NGCThe Company's liability for failure to perform its obligations by the Commissioning Programme Commencement Date and/or the Completion Date as appropriate.. Formatted: Bullets and Numbering 4.8 In the event that the User shall have failed, in circumstances not entitling it to the fixing of a new date as the Commissioning Programme Commencement Date pursuant to Clause 3.2, to complete the User's Works by [ ] ]the Backstop Date to a stage where the User is ready to commence the Commissioning Programme, NGC The Company shall have the right to terminate this Construction Agreement upon giving notice in writing to the User. Upon such termination the provisions of Clause 11 shall apply. In the event of such termination the User shall in addition to the amounts for which it is liable under Clause 2.4 to this Construction Agreement be liable to NGC The Company to pay to NGC The Company a sum equal to NGCThe Company's estimate or revised estimate of Final Sums. The User shall pay such sums within 14 (fourteen) days of the date of NGCThe Company 's invoice(s) therefor and on termination (where applicable) NGC The Company shall disconnect the User's Equipment at the Connection Site and and: (a) NGC and the User shall by arrangement between them remove any of the User's Equipment and NGC Assets on, in relation to Connection Sites in [England and Wales], the other party's NGCThe Company’s or, in relation to Connection Sites in [Scotland], Relevant Transmission Licensee's land within 6 months of the date of termination or such longer period as may be agreed between NGC The Company or the Relevant Transmission Licensee (as appropriate) and the User and User; and (b) in the case of Connection Sites in [England and Wales] NGC , The Company shall remove and and, in the case of Connection Sites in [Scotland] NGC , The Company shall procure that the Relevant Transmission Licensee removes removes, any Transmission Connection Assets on the User’s land within 6 months of the date of termination or such longer period as may be agreed between NGC The Company or the Relevant Transmission Licensee (as appropriate) and the User.

Appears in 1 contract

Samples: Construction Agreement

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