Common use of Construction Reports Clause in Contracts

Construction Reports. (a) Prior to Substantial Completion with respect to each train of the Project, as soon as available and in any event on the last day of each month (or the next succeeding Business Day if the last day of a given month is not a Business Day), monthly Construction Reports as to the Project from the Independent Engineer; provided that the failure to provide the Construction Report from the Independent Engineer pursuant to this clause (a) within thirty (30) days of the end of each month that is not the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) With respect to clause (a) above, such Construction Report shall set forth in reasonable detail: (i) estimated dates on which Ready for Start Up, Ready for Performance Testing and Substantial Completion shall be achieved; (ii) the Borrower’s then-current estimate of anticipated Project Costs through Ready for Start Up, Ready for Performance Testing and Substantial Completion as compared to the Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security Trustee; (iii) any occurrence of which the Borrower is aware that could reasonably be expected to (A) increase the total aggregate Project Costs above those set forth in the Construction Budget, (B) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (C) have a Material Adverse Effect; (iv) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan); (v) the status of construction of the Project, including progress under each of the EPC Contracts (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed); (vi) the status of the Government Approvals necessary for the Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; and (vii) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental Laws.

Construction Reports. (a) Prior to Substantial Completion with respect to each train of the Project, as soon as available and in any event (i) on the 20th day of each month (or the next succeeding Business Day if such 20th day is not a Business Day), a short form version of the monthly Construction Report from the EPC Contractor together with the then-current version of the Summary Milestone Schedule, substantially in a form acceptable to the Independent Engineer (provided, however, that the Borrower shall, on the 20th day of each month (or the next succeeding Business Day if such 20th day is not a Business Day), also deliver a full version of the monthly Construction Report from the EPC Contractor and the then-current version of the Summary Milestone Schedule to the Independent Engineer), and (ii) on the last day of each month (or the next succeeding Business Day if the last day of a given month is not a Business Day), monthly Construction Reports as to the Project from the Independent Engineer; provided that the failure to provide the Construction Report from the Independent Engineer pursuant to this clause (aa)(ii) above within thirty (30) days of the end of each month that is not the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) With respect to clause (a) above, such Construction Report shall set forth in reasonable detail: (i) estimated dates on which Ready for Start Up, Ready for Performance Testing and Substantial Completion shall be achieved; (ii) the Borrower’s then-current estimate of anticipated Project Costs through Ready for Start Up, Ready for Performance Testing and Substantial Completion as compared to the Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security Trustee; (iii) any occurrence of which the Borrower is aware that could reasonably be expected to (A) increase the total aggregate Project Costs above those set forth in the Construction Budget, (B) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (C) have a Material Adverse Effect; (iv) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan); (v) the status of construction of the Project, including progress under each of the EPC Contracts (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed); (vi) the status of the Government Approvals necessary for the Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; and (vii) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental Laws.

Construction Reports. (a) Prior to Substantial Completion with respect to During the Construction Period for each train of the ProjectSubject Facilities, as soon as available and in any event on the last day of each month (or the next succeeding Business Day if the last day of a given month is not a Business Day), monthly Calendar Quarter Construction Reports Manager shall provide reports to Owner as to the Project from then-current status of the Independent Engineer; provided that Design, Procurement and Construction of such Subject Facility and all then-known Construction Costs incurred with respect thereto (the failure “Construction Reports”). The Construction Reports for each Subject Facility and for a given Calendar Quarter shall (x) be delivered to provide Owner no later than the 20th day of the first Calendar Month of each Calendar Quarter following the Calendar Quarter to which the Construction Report from Reports relate and (y) include the Independent Engineer pursuant to this clause (a) within thirty (30) days of the end of following reports and information which shall, in each month that is not the last month of a Fiscal Quarter (other than as a result of case, be prepared on an act or omission Subject Facility by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) With respect to clause (a) above, such Construction Report shall set forth in reasonable detailSubject Facility basis: (i) estimated dates on a project spend profile which Ready shall include a comparison of the initial Construction Budget for Start Up, Ready such Subject Facility against the then-current Construction Budget for Performance Testing and Substantial Completion shall be achievedsuch Subject Facility; (ii) a report on (A) the Borrower’s then-current estimate cumulative (on a net basis) calculation of anticipated Project Costs through Ready all Construction Cost variances to date for Start Upsuch Subject Facility, Ready for Performance Testing and Substantial Completion as compared to the (B) any Construction Budget and the Construction Schedule and reasons overages for material variancessuch Subject Facility described in Section 5.3, and in the event of a material varianceeach case, the reasons therefor, and such other information reasonably requested calculated by the Common Security TrusteeDesignated Category; (iii) any occurrence an updated Construction Schedule for such Subject Facility reflecting Construction Manager’s current estimate of which the Borrower is aware that could reasonably be expected to (A) increase timeline for the total aggregate Project Costs above those set forth in the Design, Procurement and Construction Budget, (B) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (C) have a Material Adverse Effectof such Subject Facility; (iv) a summary of each of the Permits (other than permits and licenses included in the Land Rights) then-known by Construction Manager to be required for the Design, Procurement and Construction of such Subject Facility, including (if Substantial Completion is not anticipated applicable) the dates such Permits were (or will be, as applicable) applied for and the expected receipt dates of such Permits; provided, that this report shall only be provided to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan)extent that outstanding Permits are pending; (v) the status of construction of the Project, including progress under each of the EPC Contracts (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned the acquisition status by Owner of all Land Rights necessary for the Design, Procurement and actually completedConstruction of such Subject Facility, including the following elements: (A) the total number (as applicable) and status of all such Land Rights; (B) the total number (as applicable) of such Land Rights acquired by Owner to date; (C) those Land Rights that Construction Manager believes will need to be acquired by Owner pursuant to condemnation proceedings (including the jurisdictions applicable to each such Land Right);; and (D) a summary of condemnation or similar proceedings commenced by Owner that are pending or have been resolved in such Calendar Quarter; and (vi) the status a summary of the Government Approvals necessary for the Developmentall civil proceedings (other than condemnation or similar proceedings) commenced by or against Owner or against Construction Manager (in its capacity as Construction Manager hereunder), including the dates of applications submitted in each case, that are pending or to be submitted and the anticipated dates of actions by Government Authorities with respect to that have been resolved in such Government Approvals; and (vii) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental LawsCalendar Quarter.

Construction Reports. (a) Prior to Substantial Project Completion the Borrower shall deliver to the Administrative Agent, Construction Reports on a monthly basis in connection with respect to each train the Project (commencing on the Initial Disbursement Date), accompanied by a certificate of an Authorized Officer of the Project, as soon as available and in any event on the last day of each month (or the next succeeding Business Day if the last day of a given month is not a Business Day), monthly Construction Reports as to the Project from the Independent Engineer; provided that the failure to provide the Construction Report from the Independent Engineer pursuant to this clause (a) within thirty (30) days of the end of each month that is not the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) With respect to clause (a) above, such Construction Report shall set setting forth in reasonable detail: (i) estimated dates on which Ready for Start Up, Ready for Performance Testing and Substantial Completion shall be achieved; (ii) the Borrower’s then-current estimate of anticipated Project Costs for the Project through Ready for Start Up(x) the Commercial Operation Date and (y) the Actual Project Acceptance Date, Ready for Performance Testing and Substantial Completion as compared to the Project Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security TrusteeAdministrative Agent; (iiiii) any occurrence of which the Borrower is aware that could reasonably be expected to (A) increase the total aggregate Project Costs above those set forth in the Project Construction BudgetBudget and Schedule, (B) delay Substantial Completion the Final Taking-Over Date beyond the Guaranteed Substantial Completion Scheduled Final Taking-Over Date or (C) have a Material Adverse Effect; (iv) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan); (v) the status of construction of the Project, including progress under each of the EPC Contracts (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed); (viiii) the status of the Government Approvals necessary for the Project Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; and; (viiiv) with respect to the Project Development, a listing of material reportable environmental, health and safety incidents as well as any material unplanned related impacts, events, accidents or issues that occurred during the report period and the that relate to compliance with Environmental and Social Laws, the Action Plan and the Environmental and Social Standards; and (v) an updated construction schedule showing (A) construction progress, including the status of engineering design, as compared with the baseline schedule set forth in the Project Construction Budget and Schedule and (B) a projection of construction activities for the succeeding quarter. (b) Prior to Project Completion, the Borrower shall cause to be delivered by the Independent Engineer to the Administrative Agent, Construction Reports, as soon as available and in any event within twenty (20) days after the end of each two-month period, in connection with the Project (commencing on the Initial Disbursement Date), in form, scope and substance acceptable to the Administrative Agent setting forth in reasonable detail: (i) a review of the Borrower’s then-current estimate of anticipated Project Costs for the Project set forth in the Construction Report delivered by the Borrower pursuant to Section 8.19(a) above for the last month in such quarterly fiscal period, and such other information reasonably requested by Administrative Agent; and (ii) any occurrence of which the Independent Engineer is aware that could reasonably be expected to (A) increase the total Project Costs above those set forth in the Project Construction Budget and Schedule, (B) delay the Final Taking-Over Date beyond the Scheduled Final Taking-Over Date or (C) have a Material Adverse Effect. provided, that upon any occurrence that may result in a circumstance set forth in sub-clause (ii) above, and so long as such condition continues (as determined by the Independent Engineer), the Borrower shall cause the Independent Engineer to deliver monthly Construction Reports to the Administrative Agent.

Construction Reports. (a) Prior to Substantial Completion with respect to each train of the Project, as soon as available and in any event on within (i) twenty (20) days of the last day end of each month month, a short form version of the monthly Construction Report from the EPC Contractor together with the then-current version of the Summary Milestone Schedule, substantially in a form acceptable to the Independent Engineer (or provided, however, that the next succeeding Business Day if Borrower shall, within each such twenty (20) day period, also deliver a full version of the last day monthly Construction Report from the EPC Contractor and the then-current version of a given month is not a Business Daythe Summary Milestone Schedule to the Independent Engineer), and (ii) thirty (30) days of the end of each month, monthly Construction Reports as to the Project and the Pipeline Improvements from the Independent Engineer; provided that the failure to provide the Construction Report from the Independent Engineer pursuant to this clause (aa)(ii) above within thirty (30) days of the end of each month that is not the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) If Expansion Debt has been incurred and prior to Substantial Completion (as defined in the engineering, procurement and construction contract to be entered into with respect to the expansion development) of the additional liquefaction trains funded through the incurrence of such Expansion Debt, as soon as available and in any event within twenty (20) days of (A) each month-end, monthly construction progress reports from the contractor under the engineering, procurement and construction contract to be entered into with respect to the expansion development of such additional liquefaction trains, and (B) the end of each Fiscal Quarter, quarterly construction progress reports with respect to expansion development of such additional liquefaction trains from the Independent Engineer. (c) With respect to clause (a) above, such Construction Report shall set forth in reasonable detail: (i) estimated dates on which Ready for Start Up, First LNG Cargo, Ready for Performance Testing and Substantial Completion shall be achieved; (ii) the Borrower’s then-current estimate of anticipated Project Costs through Ready for Start Up, Ready for Performance Testing and Substantial Completion as compared to the Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security Trustee; (iii) any occurrence of which the Borrower is aware that could reasonably be expected to (A) increase the total aggregate Project Costs above those set forth in the Construction BudgetBudget and Schedule, (B) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (C) have a Material Adverse Effect; (iv) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan); (v) the status of construction of the Project, including progress under each of the EPC Contracts (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Budget and Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed); (vi) the status of the Government Approvals necessary for the Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; and (vii) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental Laws. (d) With respect to clause (b) above, such construction progress reports shall set forth in reasonable detail matters similar to those described in clause (c) above to the extent relevant in connection with the expansion of the additional liquefaction trains funded through the incurrence of the Expansion Debt or as otherwise acceptable to the Independent Engineer.

Construction Reports. (a) Prior to Substantial Completion Completion, together with respect to each train of the Project, as soon as available and in any event on the last day submission of each month (or Borrowing Certificate, the next succeeding Business Day if the last day of a given month is not a Business Day), monthly Construction Reports as Borrower shall deliver to the Project from Agent a Construction Report, substantially in the form of Exhibit G in form and substance satisfactory to the Agent and the Independent Engineer; provided that the failure to provide the Construction Report from the Independent Engineer pursuant to this clause (a) within thirty (30) days , accompanied by a certificate of an Authorized Officer of the end of each month that is not the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of Default. (b) With respect to clause (a) above, such Construction Report shall set setting forth in reasonable detail: (ia) estimated dates on which Ready for Start UpCool Down, Ready for Performance Testing and Substantial Completion shall be achieved;, (iib) the Borrower’s then-current estimate of anticipated Project Costs through Ready for Start UpCool Down, Ready for Performance Testing and Substantial Completion as compared to the Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security Trustee;Agent, (iiic) any occurrence of which the Borrower is aware that could reasonably be expected to (Ai) increase the total aggregate Project Costs above those set forth in the Construction BudgetBudget and Schedule, (Bii) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (Ciii) have a Material Adverse Effect;, (ivd) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion DateDate (as such term is defined in the EPC Contract), the reasons therefor (and a schedule recovery plan);, (ve) the status of construction of the Project, including progress under each of the EPC Contracts Contract (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed);month, (vif) the status of the Government Approvals necessary for the Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; , and (viig) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental Laws. If during any fiscal quarter of the Borrower prior to Term Conversion Date there are no Loans requested, by the final Business Day of the month following the end of such fiscal quarter the Borrower shall deliver to the Agent the above-referenced Construction Report and certificate.

Construction Reports. (a) Prior to Substantial Completion with respect to each train of the Project, as soon as available and in any event on within twenty (20) days of (i) the last day end of each month month, a short form version of the monthly Construction Report from the EPC Contractor together with the then-current version of the Summary Milestone Schedule, substantially in a form acceptable to the Independent Engineer (or provided, however, that the next succeeding Business Day if Borrower shall, within each such twenty (20) day period, also deliver a full version of the last day monthly Construction Report from the EPC Contractor and the then-current version of a given month is not a Business Daythe Summary Milestone Schedule to the Independent Engineer), monthly and (ii) the end of each Fiscal Quarter, quarterly Construction Reports as to the Project and the Pipeline Improvements from the Independent Engineer; provided that . (b) If Expansion Debt has been incurred and prior to Substantial Completion (as defined in the failure engineering, procurement and construction contract to provide be entered into with respect to the Construction Report from expansion development) of the Independent Engineer pursuant to this clause additional liquefaction trains funded through the incurrence of such Expansion Debt, as soon as available and in any event within twenty (a) within thirty (3020) days of (A) each month-end, monthly construction progress reports from the contractor under the engineering, procurement and construction contract to be entered into with respect to the expansion development of such additional liquefaction trains, and (B) the end of each month that is not Fiscal Quarter, quarterly construction progress reports with respect to expansion development of such additional liquefaction trains from the last month of a Fiscal Quarter (other than as a result of an act or omission by the Borrower or its Affiliates) shall not constitute a Default or an Event of DefaultIndependent Engineer. (bc) With respect to clause (a) above, such Construction Report shall set forth in reasonable detail: (i) estimated dates on which Ready for Start Up, First LNG Cargo, Ready for Performance Testing and Substantial Completion shall be achieved; (ii) the Borrower’s then-current estimate of anticipated Project Costs through Ready for Start Up, Ready for Performance Testing and Substantial Completion as compared to the Construction Budget and the Construction Schedule and reasons for material variances, and in the event of a material variance, the reasons therefor, and such other information reasonably requested by the Common Security Trustee; (iii) any occurrence of which the Borrower is aware that could reasonably be expected to (A) increase the total aggregate Project Costs above those set forth in the Construction BudgetBudget and Schedule, (B) delay Substantial Completion beyond the Guaranteed Substantial Completion Date or (C) have a Material Adverse Effect; (iv) if Substantial Completion is not anticipated to occur on or before the Guaranteed Substantial Completion Date, the reasons therefor (and a schedule recovery plan); (v) the status of construction of the Project, including progress under each of the EPC Contracts Contract (and a description of any material defects or deficiencies with respect thereto) and the proposed construction schedule for the following ninety (90) days, including a description, as compared with the Construction Budget and Schedule of engineering, procurement, construction, commissioning, and testing status (including actual percentage complete versus planned percentage complete, document status, significant activities accomplished and planned and a summary of milestones planned and actually completed); (vi) the status of the Government Approvals necessary for the Development, including the dates of applications submitted or to be submitted and the anticipated dates of actions by Government Authorities with respect to such Government Approvals; and; (vii) a listing of reportable environmental, health and safety incidents as well as any unplanned related impacts, events, accidents or issues that occurred during the report period and the compliance with Environmental Laws; and (viii) if during any Fiscal Quarter of the Borrower prior to Project Completion Date there are no Loans requested, by the final Business Day of the month following the end of such Fiscal Quarter of the Borrower shall deliver to the Common Security Trustee the above-referenced Construction Report and certificate. (d) With respect to clause (b) above, such construction progress reports shall set forth in reasonable detail matters similar to those described in clause (c) above to the extent relevant in connection with the expansion of the additional liquefaction trains funded through the incurrence of the Expansion Debt or as otherwise acceptable to the Independent Engineer.