Early Works Agreement. (a) The Parties acknowledge and agree that the Early Works Agreement terminated effective as of Financial Close and that this Project Agreement supersedes the Early Works Agreement in its entirety. All activities undertaken pursuant to the Early Works Agreement prior to Financial Close are deemed to have been undertaken by Project Co as Works pursuant to this Project Agreement, notwithstanding that the Early Works may have been executed by [REDACTED] (the "Early Works Contractor") and not directly by Project Co. Project Co accepts and assumes the risk, responsibility and liability for and in respect of such Early Works in accordance with the provisions of this Project Agreement.
Early Works Agreement. Technology Metals has executed an Early Works Agreement (EWA) with APA Operations, a wholly owned subsidiary of the APA Group, to progress the early works for development of the Proposed Pipeline, which is illustrated in Figure 1 below. Execution of the EWA is the next step in progressing the development of the Proposed Pipeline as contemplated in the MOU between the parties executed in October 2020. Figure 1: MTMP Location Plan showing Proposed Gabanintha Pipeline route In addition to the provision of the early works, the EWA also sets out a framework for the negotiations between APA Operations and the Company in respect of the further agreements required to progress the Proposed Pipeline. The Proposed Pipeline, to be developed and operated by APA Operations, is anticipated to provide a cost effective, long term, low risk and efficient energy supply solution for the MTMP. Natural gas is to be used as the primary heating energy source in the rotary kiln and other parts of the MTMP process circuit. It will also be used as part of a hybrid electricity generation supply, which is also expected to include renewable energy generation and battery storage. The Proposed Pipeline is designed to come from a point to the east of Mt Magnet as a spur off the major Northern Goldfields Interconnect (NGI) pipeline, which is currently being constructed by the APA Group. The NGI is a key piece of infrastructure for the State of Western Australia, further supporting mining and industrial development in the Mid-West and Goldfields regions, with the development of the MTMP being a user of this important development. The location of the Proposed Pipeline and the NGI provides significant optionality for TMT in regard to gas supply, opening up the potential to source gas from the emerging Perth Basin as well as the traditional North West Shelf suppliers. The Proposed Pipeline is less than half the length of the gas pipeline originally proposed in the Gabanintha Definitive Feasibility Study, which is expected to result in lower gas transportation charges than previously anticipated. It also provides optionality to source gas from the emerging Perth Basin via the NGI that may further reduce the project’s gas transportation charges. The works to be completed by APA Operations under the EWA will focus on access for the Proposed Pipeline corridor, including preparation of licences, initial engineering design and preparation for procurement of long lead items (the Early Works). It is e...
Early Works Agreement. Project Co acknowledges that the Authority and the Design-Builder entered into an agreement titled “Early Works Agreement” dated as of the 14th day of September 2018 (for purposes of this Section 2.11 defined as the “Early Works Agreement”) and that the Early Works Agreement was terminated effective as of the Effective Date. The Authority and Project Co agree that:
Early Works Agreement. (a) The Parties acknowledge and agree that the Early Works Agreement terminated effective as of Financial Close and that this Project Agreement supersedes the Early Works Agreement in its entirety. All activities undertaken pursuant to the Early Works Agreement prior to Financial Close are deemed to have been undertaken by Project Co as Works pursuant to this Project Agreement, notwithstanding that the Early Works may have been executed by Xxxxxx Bypass Design Builders, an unincorporated joint venture consisting of Carmacks Enterprises Ltd., Xxxxxxx Canada, Ltd., Xxxxxx Infrastructure LP and VINCI Infrastructure Canada Limited (the “Early Works Contractor”) and not directly by Project Co. Project Co accepts and assumes the risk, responsibility and liability for and in respect of such Early Works in accordance with the provisions of this Project Agreement.
Early Works Agreement. (a) The Parties acknowledge and agree that the Early Works Agreement shall terminate effective as of Financial Close and that this Agreement supersedes the Early Works Agreement in its entirety. All activities undertaken pursuant to the Early Works Agreement prior to Financial Close are deemed to have been undertaken by Project Co as Project Work pursuant to this Agreement, notwithstanding that the Early Works may have been executed by Colas Infrastructure Canada GP and Xxxxxxx Inc., an unincorporated joint venture (the "Early Works Contractor") and not directly by Project Co. Project Co accepts and assumes the risk, responsibility and liability for and in respect of such Early Works in accordance with the provisions of this Agreement.
Early Works Agreement. (a) Upon achievement of Financial Close, this Project Agreement shall supersede and replace the early works agreement in respect of the Project executed by the Parties on or about March 15, 2019 (the “Early Works Agreement”). Without prejudice to the generality of the foregoing, any part of the Works performed by DB Co under and in accordance with the Early Works Agreement shall be treated as having been performed under and in accordance with this Project Agreement, and the City’s payment obligations related to that part of the Early Works will be those under this Project Agreement and not under this Early Works Agreement, and shall be accounted for and paid for as part of the Mobilization Credit in accordance with Schedule 21 – Construction Period Payments of the Project Agreement.
