Common use of Conditions of Issuance of LNTP Clause in Contracts

Conditions of Issuance of LNTP. Owner shall not issue any LNTP (including LNTP Xx. 0, XXXX Xx. 0 and LNTP No. 3) until the following conditions have been met (or waived in writing by Contractor): 1. Owner has furnished to Contractor documentation which demonstrates that Owner has sufficient funds to fulfill its payment obligations, including all cancellation costs associated with LNTP Work, in connection with Contractor’s performance of the LNTP Work, or that Owner has obtained financing from one or more Lenders to fulfill its payment obligations in connection with such LNTP Work; 2. Owner has obtained all Owner Permits that are necessary for performance of the LNTP Work; 3. Corpus Christi Liquefaction Stage II, LLC (or its successors and permitted assigns) has made payment to Contractor of all undisputed amounts owed as of the date of the LNTP that were earned in connection with Contractor’s performance of Request for Services No. 1 and Request for Services No. 2 issued under the 2017 Technical Services Agreement, and Contractor’s performance of such Requests for Services has not been cancelled or suspended by Corpus Christi Liquefaction Stage II, LLC (or its successors and permitted assigns); 4. Owner shall be in compliance with its other obligations set forth in Article 4 as necessary for the performance of the LNTP Work; 5. If Owner fails to issue LNTP No. 1 on or before December 13, 2017, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 below as a condition of Owner issuance LNTP No. 1 after December 13, 2017; 6. If Owner fails to issue LNTP No. 2 on or before *** and Owner has not issued NTP on or before ***, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 below as a condition of Owner issuing LNTP No. 2 after ***; and, 7. If Owner fails to issue LNTP No. 3 on or before *** and Owner has not issued NTP on or before ***, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 below as a condition of Owner issuing LNTP No. 3 after ***.

Conditions of Issuance of LNTP. Owner shall not issue any LNTP (including LNTP Xx. 0, XXXX Xx. 0 and LNTP No. 3) until the following conditions have been met (or waived in writing by Contractor): 1. Owner has furnished to Contractor documentation which demonstrates that Owner has sufficient funds to fulfill its payment obligations, including all cancellation costs associated with LNTP Work, in connection with Contractor’s performance of the LNTP Work, or that Owner has obtained financing from one or more Lenders to fulfill its payment obligations in connection with such LNTP Work; 2. Owner has obtained all Owner Permits that are necessary for performance of the LNTP Work, or if Owner has not obtained all such Owner Permits at the commencement of such LNTP Work, by issuance of the LNTP, Owner commits to obtain any such remaining Owner Permits in such time so as to not delay the performance of such LNTP Work; 3. Corpus Christi Liquefaction Stage II, LLC (or Owner shall be in compliance with its successors and permitted assigns) other obligations set forth in Article 4 as necessary for the performance of the LNTP Work. 4. Owner has made payment to Contractor of all undisputed amounts owed as of the date of the LNTP that were earned in connection with Contractor’s performance of Request for Services No. 1 and Request for Services No. 2 issued under the 2017 2018 Technical Services Agreement, and Contractor’s performance of such Requests for Services Service has not been cancelled or suspended by Corpus Christi Liquefaction Stage II, LLC (or its successors and permitted assigns); 4. Owner shall be in compliance with its other obligations set forth in Article 4 as necessary for the performance of the LNTP WorkOwner; 5. If Owner fails to issue LNTP No. 1 on or before December 13November 15, 20172018, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 5.2C below as a condition of Owner issuance LNTP No. 1 after December 13November 15, 20172018; 6. If Owner fails to issue LNTP No. 2 on or before *** February 15, 2019 and Owner has not issued NTP for Subproject 6(a) on or before ***February 15, 2019, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 5.2C below as a condition of Owner issuing LNTP No. 2 after ***February 15, 2019; and, 7. If Owner fails to issue LNTP No. 3 on or before *** May 15, 2019 and Owner has not issued NTP for Subproject 6(a) on or before ***May 15, 2019, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 5.2C below as a condition of Owner issuing LNTP No. 3 after ***May 15, 2019.

Conditions of Issuance of LNTP. Owner shall not issue any LNTP (including LNTP Xx. 0, XXXX Xx. 0 and LNTP No. 31) until the following conditions have been met (or waived in writing by Contractor): 1. Owner has furnished to Contractor documentation which demonstrates that Owner has sufficient funds to fulfill its payment obligations, including all cancellation costs associated with LNTP Work, in connection with Contractor’s performance of the LNTP Work, or that Owner has obtained financing from one or more Lenders to fulfill its payment obligations in connection with such LNTP Work; 2. Owner has obtained all Owner Permits that are necessary for performance of the LNTP Work; 3. Corpus Christi Liquefaction Stage II, LLC (or its successors and permitted assigns) if Owner has made payment to Contractor not obtained all such Owner Permits at the commencement of all undisputed amounts owed as such LNTP Work, by issuance of the date of LNTP, Owner commits to obtain any such remaining Owner Permits in such time so as to not delay the LNTP that were earned in connection with Contractor’s performance of Request for Services No. 1 and Request for Services No. 2 issued under the 2017 Technical Services Agreement, and Contractor’s performance of such Requests for Services has not been cancelled or suspended by Corpus Christi Liquefaction Stage II, LLC (or its successors and permitted assigns)LNTP Work; 42. Owner shall be in compliance with its other obligations set forth in Article 4 as necessary for the performance of the LNTP Work; 53. Owner has delivered to Contractor (A) a release, acceptable to Contractor, from Cheniere Land Holdings LLC (“CLH”) releasing Contractor Group and its Subcontractors and Sub-subcontractors: (1) from and against all damages, losses, costs and expenses (including all reasonable attorneys' fees, and litigation or arbitration expenses) resulting from or related to Arsenic and Pre-Existing Contamination and (2) Consequential Damages for which Contractor is released under Section 20.4 and arising out of or relating to such Arsenic and Pre-Existing Contamination and (B) a commitment, acceptable from Contractor, from CLH that the obligations and requirements in Sections 3.17, 4.9, 17.3D and 17.4 apply equally to CLH. Such release and commitment shall be binding on and extend to any Affiliate of Owner or CLH that takes equity ownership in the Site. Notwithstanding the foregoing, this condition of LNTP No. 1 is not required if before LNTP No. 1 CLH has transferred ownership of the Site to Owner and this release and commitment will be void and of no further force or effect if at any time after issuance of LNTP No. 1 Owner becomes the owner of the Site; and 4. If Owner fails to issue LNTP No. 1 on or before December 13March 1, 20172022, the Parties have agreed to the adjustments to the Contract Price and Project Schedule Guaranteed Substantial Completion Dates as provided in Section 5.2C.1 5.2C below as a condition of Owner issuance LNTP No. 1 after December 13March 1, 2017; 6. If Owner fails to issue LNTP No. 2 on or before *** and Owner has not issued NTP on or before ***, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 below as a condition of Owner issuing LNTP No. 2 after ***; and, 7. If Owner fails to issue LNTP No. 3 on or before *** and Owner has not issued NTP on or before ***, the Parties have agreed to the adjustments to the Contract Price and Project Schedule as provided in Section 5.2C.1 below as a condition of Owner issuing LNTP No. 3 after ***2022.