Common use of Delayed NTP Clause in Contracts

Delayed NTP. 1. In the event Owner fails to issue the NTP in accordance with Section 5.2B by December 31, 2017, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price for impacts arising from the issuance of NTP after December 31, 2017. Cost relief includes impacts caused by External Factors (defined below) after December 31, 2017. External Factors include, for example, closing of vendor shops, unavailability of materials, labor unavailability, ability to attract and/or retain qualified labor, and Owner-directed changes (the “External Factors”), but specifically excluding impacts related to quantities, technology, equipment specifications, equipment count or Contractor errors or omissions (unless directly resulting from such External Factors). Cost relief includes escalation costs; and b. For any demonstrated impacts to the Project Schedule caused by External Factors occurring after December 31, 2017 and before NTP. 2. In the event Owner fails to issue the NTP in accordance with Section 5.2B by July 1, 2020, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price as described in Section 5.2C.1.a above and any other Changed Criteria for Project 3 for the impact caused by the delay in issuing NTP; and b. To adjust the Project Schedule as described in Section 5.2C.1.b. 3. Any claims or entitlements that Contractor may have under this Section 5.2.C must be claimed by Contractor and agreed between the Parties in a Change Order executed prior to NTP pursuant to the Change Order procedures in Section 6.4. Any such Change Order shall take into account the impact of any cancellation or suspension of any portion of the services to be performed under either the Request for Services or LNTP. 4. At the end of every six (6) Month period after December 31, 2017 until NTP (if any) is issued by Owner, Contractor will have the right to notify Owner in writing of any impacts such delay has on Contractor’s costs of performance of the Work, including Subcontractor prices, and Contractor’s ability to perform the Work in accordance with this Agreement, including the Project Schedule and other Changed Criteria. Contractor shall not be entitled to the relief in this Section 5.2C to the extent the reason for Owner failing to issue NTP is because Contractor failed to provide the Letter of Credit in accordance with Section 9.2A. 5. If this Article 5 conflicts with Article 6 regarding cost and schedule entitlements and the types of impacts arising from or caused by a delayed NTP, then this Article 5 controls.

Delayed NTP. 1. In the event Owner fails to issue the NTP in accordance with Section 5.2B by December 31, 2017, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price for impacts arising from the issuance of NTP after December 31, 2017. Cost relief includes impacts caused by External Factors (defined below) after December 31, 2017. External Factors include, for example, closing of vendor shops, unavailability of materials, labor unavailability, ability to attract and/or retain qualified labor, and Owner-directed changes (the “External Factors”), but specifically excluding impacts related to quantities, technology, equipment specifications, equipment count or Contractor errors or omissions (unless directly resulting from such External Factors). Cost relief includes escalation costs; and b. For any demonstrated impacts to the Project Schedule caused by External Factors occurring after December 31, 2017 and before NTP. 2. In the event Owner fails to issue the NTP in accordance with Section 5.2B by July 1December 31, 20202018, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price as described in Section 5.2C.1.a above and any other Changed Criteria for the Phase 1 Project 3 for the impact caused by the delay in issuing NTP; and b. To adjust the Project Schedule as described in Section 5.2C.1.b. 3. Any claims or entitlements that Contractor may have under this Section 5.2.C must be claimed by Contractor and agreed between the Parties in a Change Order executed prior to NTP pursuant to the Change Order procedures in Section 6.4. Any such Change Order shall take into account the impact of any cancellation or suspension of any portion of the services to be performed under either the Request for Services or LNTP. 4. At the end of every six (6) Month period after December 31, 2017 until NTP (if any) is issued by Owner, Contractor will have the right to notify Owner in writing of any impacts such delay has on Contractor’s costs of performance of the Work, including Subcontractor prices, and Contractor’s ability to perform the Work in accordance with this Agreement, including the Project Schedule and other Changed Criteria. Contractor shall not be entitled to the relief in this Section 5.2C to the extent the reason for Owner failing to issue NTP is because Contractor failed to provide the Letter of Credit in accordance with Section 9.2A. 5. If this Article 5 conflicts with Article 6 regarding cost and schedule entitlements and the types of impacts arising from or caused by a delayed NTP, then this Article 5 controls.

Delayed NTP. 1. In the event Owner fails to issue the NTP in accordance with Section 5.2B by December 31, 2017, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price for impacts arising from the issuance of NTP after December 31, 2017. Cost relief includes impacts caused by External Factors (defined below) after December 31, 2017. External Factors include, for example, closing of vendor shops, unavailability of materials, labor unavailability, ability to attract and/or retain qualified labor, and Owner-directed changes (the “External Factors”), but specifically excluding impacts related to quantities, technology, equipment specifications, equipment count or Contractor errors or omissions (unless directly resulting from such External Factors). Cost relief includes escalation costs; and b. For any demonstrated impacts to the Project Schedule caused by External Factors occurring after December 31, 2017 and before NTP. 2. In the event Owner fails to issue the NTP in accordance with Section 5.2B by July January 1, 20202022, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price as described in Section 5.2C.1.a above and any other Changed Criteria for Project 3 5 for the impact caused by the delay in issuing NTP; and b. To adjust the Project Schedule as described in Section 5.2C.1.b. 3. Any claims or entitlements that Contractor may have under this Section 5.2.C must be claimed by Contractor and agreed between the Parties in a Change Order executed prior to NTP pursuant to the Change Order procedures in Section 6.4. Any such Change Order shall take into account the impact of any cancellation or suspension of any portion of the services to be performed under either the Request for Services or LNTP. 4. At the end of every six (6) Month period after December 31, 2017 until NTP (if any) is issued by Owner, Contractor will have the right to notify Owner in writing of any impacts such delay has on Contractor’s costs of performance of the Work, including Subcontractor prices, and Contractor’s ability to perform the Work in accordance with this Agreement, including the Project Schedule and other Changed Criteria. Contractor shall not be entitled to the relief in this Section 5.2C to the extent the reason for Owner failing to issue NTP is because Contractor failed to provide the Letter of Credit in accordance with Section 9.2A. 5. If this Article 5 conflicts with Article 6 regarding cost and schedule entitlements and the types of impacts arising from or caused by a delayed NTP, then this Article 5 controls.

Delayed NTP. 1. In the event Owner fails to issue the NTP in accordance with Section 5.2B by December 31, 2017, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price for impacts arising from the issuance of NTP after December 31, 2017. Cost relief includes impacts caused by External Factors (defined below) after December 31, 2017. External Factors include, for example, closing of vendor shops, unavailability of materials, labor unavailability, ability to attract and/or retain qualified labor, and Owner-directed changes (the “External Factors”), but specifically excluding impacts related to quantities, technology, equipment specifications, equipment count or Contractor errors or omissions (unless directly resulting from such External Factors). Cost relief includes escalation costs; and b. For any demonstrated impacts to the Project Schedule caused by External Factors occurring after December 31, 2017 and before NTP. 2. In the event Owner fails to issue the NTP in accordance with Section 5.2B by July April 1, 20202021, then Contractor shall be entitled to a Change Order as follows: a. To adjust the Contract Price as described in Section 5.2C.1.a above and any other Changed Criteria for Project 3 4 for the impact caused by the delay in issuing NTP; and b. To adjust the Project Schedule as described in Section 5.2C.1.b. 3. Any claims or entitlements that Contractor may have under this Section 5.2.C must be claimed by Contractor and agreed between the Parties in a Change Order executed prior to NTP pursuant to the Change Order procedures in Section 6.4. Any such Change Order shall take into account the impact of any cancellation or suspension of any portion of the services to be performed under either the Request for Services or LNTP. 4. At the end of every six (6) Month period after December 31, 2017 until NTP (if any) is issued by Owner, Contractor will have the right to notify Owner in writing of any impacts such delay has on Contractor’s costs of performance of the Work, including Subcontractor prices, and Contractor’s ability to perform the Work in accordance with this Agreement, including the Project Schedule and other Changed Criteria. Contractor shall not be entitled to the relief in this Section 5.2C to the extent the reason for Owner failing to issue NTP is because Contractor failed to provide the Letter of Credit in accordance with Section 9.2A. 5. If this Article 5 conflicts with Article 6 regarding cost and schedule entitlements and the types of impacts arising from or caused by a delayed NTP, then this Article 5 controls.