Early Works. 3.1 After the Effective Date of this Agreement and the GIMI Topsides Agreement, but prior to the Contractor’s receipt of the Owner’s Notice to Proceed:
3.1.1 the Contractor shall only perform Works with the written agreement of the Owner and the Contractor, which shall not be unreasonably delayed or withheld (such consented Works shall be known as “Early Works”);
3.1.2 the Contractor shall only authorise the Sub-Contractor to perform Sub-Contract Works with the written agreement of the Owner, the Contractor and the Sub-Contractor in accordance with Clause 3 of the Topsides Agreement, which agreement shall not be unreasonably delayed or withheld (such consented Sub-Contract Works shall be known as “Early Sub-Contract Works”);
3.1.3 the agreement of the Owner and the Contractor for the Contractor’s performance of such Early Works (“Limited Notice to Proceed”) shall be in the form attached hereto at Appendix 10; and
3.1.4 the agreement of the Owner, the Contractor and the Sub-Contractor for the Sub-Contractor’s performance of such Early Such-Contract Works shall be in the form attached in Appendix X of the GIMI Topsides Agreement.
3.2 Notwithstanding paragraph 3.1, above, the Owner acknowledges that the Sub-Contractor shall perform the following scope(s) of work from the Effective Date:
3.2.1 The Sub-Contractor has provided services necessary to place purchase order(s) to duplicate those of the HILLI for the cold box from Chart that is to become a part of the Sub-Contract Works. The cancellation cost for such order(s) has been obtained by the Sub-Contractor and approved by the Owner. If Chart is not fully released to perform the purchase order by 31 March 2017 it will be cancelled if it has not been extended, such extension subject to the mutual agreement of the Contractor, Sub-Contractor and Owner. If this purchase order is cancelled the price of any replacement order shall be subject to the mutual agreement of the Contractor, Sub-Contractor and Owner.
3.2.2 The Sub-Contractor has provided services necessary to place purchase order(s) to duplicate those of the HILLI for the mixed refrigerant compressors from General Electric that is to become a part of the Sub-Contract Works. The cancellation cost for such order(s) has been obtained by the Sub-Contractor and approved by the Owner. If General Electric is not fully released to perform the purchase order by 31 March 2017 it will be cancelled if it has not been extended, such extension subject to the mutual agre...
Early Works. The parties acknowledge and agree that the early works undertaken pursuant to the Master Agreement (the “Early Works”) terminated on the Effective Date and that the Early Works performed prior to the Effective Date are deemed to have been undertaken by Operations Co pursuant to this Project Implementation Agreement. Operations Co accepts and assumes the risk, responsibility and liability for and in respect of the performance of the Early Works in accordance with the provisions of this Project Implementation Agreement.
Early Works. 27.1. Prior to the Commencement Date, the Landlord will, at its discretion, upon the written request of the Tenant and at the Tenant’s expense:
27.1.1. facilitate the purchase of equipment that the Tenant may be required to purchase pursuant to the Electricity Supply Agreement, including equipment purchased by the Tenant for installation in Unit 16.
27.1.2. provide information to the Tenant regarding standards.
27.1.3. provide other services related to the Tenant’s preparation of the Lands for the Business and the implementation of the Electricity Supply Agreement (the “Services”).
27.2. The Landlord will invoice the Tenant monthly for:
27.2.1. the Services provided at the rates attached in Schedule “B”, which is attached and forms part of this Lease; and
27.2.2. all out of pocket expenses incurred by the Landlord related to the Services, including without limitation purchase of equipment and supplies.
27.3. The Landlord’s monthly invoice will not exceed FIFTY THOUSAND DOLLARS ($50,000.00) in any given month without the prior written approval of the Tenant.
27.4. The Tenant will pay all invoices within fifteen (15) days of receipt.
27.5. The Landlord, its elected officials, officers, servants, agents, successors, and assigns will not have any liability to the Tenant, whether pursuant to this Lease, equity or any applicable law, for any damages, liabilities, costs, expenses or claims of any type or kind, arising out of any matter in relation to the Services other than due to the gross negligence or willful misconduct of Landlord in its provision of the Services.
27.6. The Tenant will release, indemnify and hold the Landlord, its elected officials, officers, servants, agents, successors, and assigns harmless from any and all claims, damages, costs, expenses, or liabilities whatsoever incurred by the Landlord in relation to the performance of the Services, unless caused by the gross negligence or willful misconduct of Landlord.
Early Works. (a) The Developer must prepare and submit to the State the scope of works for the Early Works from time to time.
(b) The State may within 10 Business Days of the scope of works for the Early Works being submitted in accordance with clause 3.8(a) review the scope of works and notify the Developer in writing whether the State approves or does not approve the scope of works. The State acknowledges and agrees that it must act reasonably in giving or withholding approval under this clause. If the State withholds approval to the scope of work for the Early Works, then either the State or the Developer may regard the circumstances as constituting a dispute which may be referred for determination in accordance with clause 38.
(c) Where the State fails to provide a written notification to the Developer under clause 3.8(b) whether the State approves or does not approve the scope of works for the Early Works:
(i) the Developer must give to the State a reminder notice which must be sent by email to Director, Project Finance and USPS Infrastructure and Place, and which must state that:
(A) the State has not given a notice under clause 3.8(b) as at the date of the email notice; and
(B) if the State does not provide a notice under clause 3.8(b) either giving or withholding approval to the scope of works for the Early Works within a further 2 Business Days, then the State will be deemed to have given a notice approving the scope of works; and
(ii) if the State does not provide a notice under clause 3.8(b) either giving or withholding approval to the scope of works for the Early Works within the 2 Business Day period referred to in clause 3.8(c)(i), the State will be deemed to have given a notice under clause 3.8(b) approving the scope of works.
(d) The Developer must give to the State not less than 30 days’ notice prior to physical commencement of the Early Works.
Early Works. The parties agree that to the extent the Provider has commenced any of the Works prior to the Commencement Date, those works are deemed to form part of the Works and be governed by this Agreement, and any payments made by RQ are deemed to have been made under this Agreement.
Early Works. As further described in in the attached Appendix B-2, Lead Developer must also submit its analysis on the necessity of commencing Early Works and the process for procuring the contractor(s) that would perform the Early Works. If approved and accepted by City, which approval may be subject to completion of CEQA review for the Project if the Early Work is determined to not have independent utility from the Project, Lead Developer will procure the Early Works contractor(s) in compliance with the process approved by City and, if approved by the SFMTA Board, execute an Early Works Agreement based on terms mutually agreed by the Parties. If Lead Developer enters into an Early Works Agreement in compliance with this Section 6.16 (Early Works), Lead Developer will ensure the Early Works is performed and, once executed by City, timely perform its obligations under that Early Works Agreement.
Early Works. City will provide comments to the Early Works analysis it receives from Lead Developer and, if it approves and accepts the Early Works analysis, which approval may be subject to completion of CEQA review for the Project, execute an Early Works Agreement that addresses the City’s requirements for the Early Works.
Early Works. In the event that the Concessionaire wishes to perform any part of the Construction of the Project at the Site, prior to the date of issuance of Notice to Proceed (“Early Works”), such Early Works will be performed in accordance with and subject to the provisions of this Section 9.3 (Early Works).
Early Works. Notwithstanding Section 2.1, immediately following Commercial Close the Contracting Parties may cause the Contractor to begin work under the Guaranteed Price Contract in accordance with the terms of the Guaranteed Price Contract. The Contractor shall provide all such evidence of insurance required to be provided under the Guaranteed Priced Contract, including a clearance certificate issued by the Workers Safety and Insurance Board, before beginning any work. If Financial Close does not take place on or before the Financial Close Target Date then, unless OIPC otherwise agrees, the Contractor shall (i) cease all operations under the Guaranteed Price Contract on the Financial Close Target Date; (ii) remove from the Place of the Work all of the Contractor's equipment leaving the Place of the Work in a safe and stable condition; and (iii) submit to OIPC, together with Project Co, an invoice for the value of the work performed together with complete drawings, test results, surveys and documentation to substantiate and describe the work. OIPC shall cause the Consultant to inspect the Work and materials submitted by the Contractor and within thirty (30) days after receipt of the Consultant's report, OIPC shall pay to the Contractor the amount determined by the Consultant to be the value to OIPC of the Work performed by the Contractor in complete satisfaction of all obligation or liability to Project Co or the Contractor in respect thereof.
Early Works. 3.1 After the Effective Date of this Agreement and the GANDRIA Topsides Agreement, but prior to the Contractor’s receipt of the Owner’s Notice to Proceed:
3.1.1 the Contractor shall only perform Works with the written agreement of the Owner and the Contractor, which shall not be unreasonably delayed or withheld (such consented Works shall be known as “Early Works”);
3.1.2 the Contractor shall only authorise the Sub-Contractor to perform Sub-Contract Works with the written agreement of the Owner, the Contractor and the Sub-Contractor in accordance with Clause 3 of the Topsides Agreement, which agreement shall not be unreasonably delayed or withheld (such consented Sub-Contract Works shall be known as “Early Sub-Contract Works”);
3.1.3 the agreement of the Owner and the Contractor for the Contractor’s performance of such Early Works (“Limited Notice to Proceed”) shall be in the form attached hereto at Appendix 10; and
