Common use of Delays in Construction Cost Spend Due to Operator Fault Clause in Contracts

Delays in Construction Cost Spend Due to Operator Fault. In the event the Operator, due to Operator Fault, does not commence construction activities within 90 days after the Construction Commencement Date and use best efforts to complete and commission the treatment plant and connect to the System of 90% of the properties included in the first phase of the East Bank Regional System within 60 months after the Transfer Date, all as contemplated by Section 4.10(b)(vi) hereof, and as a result thereof Operator does not deploy a material portion of the estimated construction cost amount within 60 months after the Transfer Date, the District may seek a rate adjustment;

Delays in Construction Cost Spend Due to Operator Fault. In the event the Operator, due to Operator Fault, does not commence construction activities within 90 days after the Construction Commencement Date and use best efforts to complete and commission the treatment plant and connect to the System of 90% of the properties included in the first phase of the East Bank Regional System within 60 months after the Transfer Construction Commencement Date, all as contemplated by Section 4.10(b)(vi) hereof, and as a result thereof Operator does not deploy a material portion of the estimated construction cost amount within 60 months after the Transfer Construction Commencement Date, the District may seek a rate adjustment;

Delays in Construction Cost Spend Due to Operator Fault. In the event the Operator, due to Operator Fault, does not commence construction activities within 90 days after the Construction Commencement Date and use best efforts to complete and commission the treatment plant and connect to the System of 90% of the properties included in the first phase of the East Bank Regional System within 60 months after the Transfer Construction Commencement Date, all as contemplated by Section 4.10(b)(vi) hereof, and as a result thereof Operator does not deploy a material portion of the estimated construction cost amount within 60 months after the Transfer Construction Commencement Date, the District may seek a rate adjustment;

Delays in Construction Cost Spend Due to Operator Fault. In the event the Operator, due to Operator Fault, does not commence construction activities within 90 days after the Construction Commencement Date and use best efforts to complete and commission the treatment plant and connect to the System of 90% of the properties included in the first phase of the East Bank Regional System within 60 months after the Transfer Date, all as contemplated by Section 4.10(b)(vi) hereof, and as a result thereof Operator does not deploy a material portion of the estimated construction cost amount within 60 months after the Transfer Date, the District may seek a rate adjustment;