Delivery Bonus. If Seller delivers a Liquefaction Train to Buyer at the Delivery Point on or before the date that is [***] Days prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule, then Buyer shall pay to Seller an amount equal to (i) in respect of the first [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, and (ii) in respect of the subsequent [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, each of which amounts shall upon payment by Buyer be treated as an increase to the Contract Price for the purposes of the Agreement; provided, that in no event shall the total aggregate amount of all bonus amounts paid by Buyer under this Clause 6.7 exceed [***]. For the purposes of this Clause 6.7 only, Seller shall be deemed to have delivered any Liquefaction Train described in this Clause 6. 7 that is delivered to Buyer at the Delivery Point on or before the date that is at least [***] prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule notwithstanding that certain minor items forming a part of the Liquefaction Train have not been delivered to Buyer at the Delivery Point by such date; provided that (i) the Lender’s Engineer has confirmed to Buyer in writing (upon Buyer’s request) that the absence of such minor items would not reasonably be expected to adversely impact the project schedule for testing, commissioning, safety or operability of such Liquefaction Train and (ii) all such minor items are delivered to Buyer at the Delivery Point not later than the relevant Delivery Date for such Liquefaction Train in the Project Schedule or such other date as mutually agreed by the Parties in writing. Amounts earned by Seller pursuant to this Clause 6.7 shall be due and payable by Buyer to Seller upon the completion of delivery by Seller of all Components (as such term is defined in the PIS Purchase Order) of the power island system in accordance with the PIS Purchase Order.
Appears in 3 contracts
Samples: Purchase Order Contract (Venture Global, Inc.), Purchase Order Contract (Venture Global, Inc.), Purchase Order Contract (Venture Global, Inc.)
Delivery Bonus. If Seller delivers a Liquefaction Train and associated Cold Box and E-House to Buyer at the Delivery Point on or before the applicable bonus date that is [***] Days prior to the relevant Delivery Date set forth in Annex C-1 of Appendix C (Scope of Supply & Project Schedule) (each, a “Bonus Date”) for such Liquefaction Train in the Project ScheduleTrain, Cold Box or E-House, then Buyer shall pay to Seller an the applicable bonus amount equal to set forth in Annex C-1 of Appendix C (iScope of Supply & Project Schedule) in respect of the first [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date and associated Cold Box and E-House; provided for such Liquefaction Train, and (ii) in respect of the subsequent [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, that each of which such bonus amounts shall upon payment by Buyer be treated as an increase to the Contract Price for the purposes of the Agreement; provided. If Seller delivers a Liquefaction Train and associated Cold Box and E-House before the applicable Delivery Date but after the applicable Bonus Date, that the amount payable to Seller in respect of such Liquefaction Train and associated Cold Box and E-House shall be reduced by an amount equal to the applicable amount set forth Annex C-1 of Appendix C (Scope of Supply & Project Schedule) (in each case, the “Degradation Factor”) multiplied by the number of days from the Bonus Date to the later of the actual date of delivery of such Liquefaction Train to the Delivery Point or the actual date of delivery of the Cold Box and E-House. If any of the Liquefaction Trains, the associated Cold Boxes or the associated E-Houses is not delivered to the Delivery Point in its entirety on or before the applicable Delivery Date, then no bonus amount shall be earned or due. In no event shall the total aggregate amount of all bonus amounts paid by Buyer under this Clause 6.7 exceed [***]. For the purposes of this Clause 6.7 only, Seller shall be deemed to have delivered any Liquefaction Train described in this Clause 6. 7 6.7 that is delivered to Buyer at the Delivery Point on or before the date that is at least [***] Days prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule notwithstanding that certain minor items forming a part of the Liquefaction Train have not been delivered to Buyer at the Delivery Point by such date; provided that (i) the Lender’s Engineer has confirmed to Buyer in writing (upon BuyerXxxxx’s request) that the absence of such minor items would not reasonably be expected to adversely impact the project schedule for testing, commissioning, safety or operability of such Liquefaction Train and (ii) all such minor items are delivered to Buyer at the Delivery Point not later than the relevant Delivery Date for such Liquefaction Train in the Project Schedule or such other date as mutually agreed by the Parties in writing. Amounts earned by Seller pursuant to this Clause 6.7 shall be due and payable by Buyer to Seller upon the completion of delivery by Seller of the Liquefaction Train System and all Components (as such term is defined in the PIS Purchase Order) of the power island system in accordance with the PIS Purchase OrderOrder and the finalization of a Change Order within [***] days of such delivery.
Appears in 2 contracts
Samples: Purchase Order Contract (Venture Global, Inc.), Purchase Order Contract (Venture Global, Inc.)
Delivery Bonus. If Seller delivers a Liquefaction Train to Buyer at the Delivery Point on or before the date that is [***] Days prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule, then Buyer shall pay to Seller an amount equal to (i) in respect of the first [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, and (ii) in respect of the subsequent [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, each of which amounts shall upon payment by Buyer be treated as an increase to the Contract Price for the purposes of the Agreement; provided, that in no event shall the total aggregate amount of all bonus amounts paid by Buyer under this Clause 6.7 exceed [***]] . For the purposes of this Clause 6.7 only, Seller shall be deemed to have delivered any Liquefaction Train described in this Clause 6. 7 6.7 that is delivered to Buyer at the Delivery Point on or before the date that is at least [***] prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule notwithstanding that certain minor items forming a part of the Liquefaction Train have not been delivered to Buyer at the Delivery Point by such date; provided that (i) the Lender’s Engineer has confirmed to Buyer in writing (upon Buyer’s request) that the absence of such minor items would not reasonably be expected to adversely impact the project schedule for testing, commissioning, safety or operability of such Liquefaction Train and (ii) all such minor items are delivered to Buyer at the Delivery Point not later than the relevant Delivery Date for such Liquefaction Train in the Project Schedule or such other date as mutually agreed by the Parties in writing. Amounts earned by Seller pursuant to this Clause 6.7 shall be due and payable by Buyer to Seller upon the completion of delivery by Seller of all Components (as such term is defined in the PIS Purchase Order) of the power island system in accordance with the PIS Purchase Order.
Appears in 2 contracts
Samples: Purchase Order Contract (Venture Global, Inc.), Purchase Order Contract (Venture Global, Inc.)
Delivery Bonus. If Seller delivers a Liquefaction Train and associated Cold Box and E-House to Buyer at the Delivery Point on or before the applicable bonus date that is [***] Days prior to the relevant Delivery Date set forth in Annex C-1 of Appendix C (Scope of Supply & Project Schedule) (each, a “Bonus Date”) for such Liquefaction Train in the Project ScheduleTrain, Cold Box or E-House, then Buyer shall pay to Seller an the applicable bonus amount equal to set forth in Annex C-1 of Appendix C (iScope of Supply & Project Schedule) in respect of the first [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date and associated Cold Box and E-House; provided for such Liquefaction Train, and (ii) in respect of the subsequent [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, that each of which such bonus amounts shall upon payment by Buyer be treated as an increase to the Contract Price for the purposes of the Agreement; provided. If Seller delivers a Liquefaction Train and associated Cold Box and E-House before the applicable Delivery Date but after the applicable Bonus Date, that the amount payable to Seller in respect of such Liquefaction Train and associated Cold Box and E-House shall be reduced by an amount equal to the applicable amount set forth Annex C-1 of Appendix C (Scope of Supply & Project Schedule) (in each case, the “Degradation Factor”) multiplied by the number of days from the Bonus Date to the later of the actual date of delivery of such Liquefaction Train to the Delivery Point or the actual date of delivery of the Cold Box and E-House. If any of the Liquefaction Trains, the associated Cold Boxes or the associated E-Houses is not delivered to the Delivery Point in its entirety on or before the applicable Delivery Date, then no bonus amount shall be earned or due. In no event shall the total aggregate amount of all bonus amounts paid by Buyer under this Clause 6.7 exceed [***]. For the purposes of this Clause 6.7 only, Seller shall be deemed to have delivered any Liquefaction Train described in this Clause 6. 7 6.7 that is delivered to Buyer at the Delivery Point on or before the date that is at least [***] Days prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule notwithstanding that certain minor items forming a part of the Liquefaction Train have not been delivered to Buyer at the Delivery Point by such date; provided that (i) the Lender’s Engineer has confirmed to Buyer in writing (upon BuyerXxxxx’s request) that the absence of such minor items would not reasonably be expected to adversely impact the project schedule for testing, commissioning, safety or operability of such Liquefaction Train and (ii) all such minor items are delivered to Buyer at the Delivery Point not later than the relevant Delivery Date for such Liquefaction Train in the Project Schedule or such other date as mutually agreed by the Parties in writing. Amounts earned by Seller pursuant to this Clause 6.7 shall be due and payable by Buyer to Seller upon the completion of delivery by Seller of all Components (as such term is defined in the PIS Purchase Order) of the power island system in accordance with the PIS Purchase Order.be
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Delivery Bonus. If Seller delivers a Liquefaction Train to Buyer at the Delivery Point on or before the date that is [***] Days prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule, then Buyer shall pay to Seller an amount equal to (i) in respect of the first [***] Liquefaction Trains, [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, and (ii) in respect of the subsequent [***] Liquefaction Trains, for each such [***] for each such Liquefaction Train delivered to the Delivery Point prior to the Delivery Date provided for such Liquefaction Train, each of which amounts shall upon payment by Buyer be treated as an increase to the Contract Price for the purposes of the Agreement; provided, that in no event shall the total aggregate amount of all bonus amounts paid by Buyer under this Clause 6.7 exceed [***]] . For the purposes of this Clause 6.7 only, Seller shall be deemed to have delivered any Liquefaction Train described in this Clause 6. 7 6.7 that is delivered to Buyer at the Delivery Point on or before the date that is at least [***] prior to the relevant Delivery Date for such Liquefaction Train in the Project Schedule notwithstanding that certain minor items forming a part of the Liquefaction Train have not been delivered to Buyer at the Delivery Point by such date; provided that (i) the Lender’s Engineer has confirmed to Buyer in writing (upon Buyer’s request) that the absence of such minor items would not reasonably be expected to adversely impact the project schedule for testing, commissioning, safety or operability of such Liquefaction Train and (ii) all such minor items are delivered to Buyer at the Delivery Point not later than the relevant Delivery Date for such Liquefaction Train in the Project Schedule or such other date as mutually agreed by the Parties in writing. Amounts earned by Seller pursuant to this Clause 6.7 shall be due and payable by Buyer to Seller upon the completion of delivery by Seller of all Components (as such term is defined in the PIS Purchase Order) of the power island system in accordance with the PIS Purchase Order.
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