Common use of Evidence of Funds Clause in Contracts

Evidence of Funds. With the exception of any Contract Price adjustment contemplated under Attachment EE, Contractor shall not be obligated to proceed with any Change Order that, alone or in conjunction with other Change Orders, would result in an increase in the Contract Price, as of the Contract Date, in excess of Fifty Million U.S. Dollars (U.S.$50,000,000) and thereafter would result in an increase in the Contract Price in excess of additional Five Million U.S. Dollars (U.S.$5,000,000) increments, unless Owner furnishes, to Contractor’s reasonable satisfaction, documentation which demonstrates either that Owner has (i) sufficient funds to pay for such Change Order, or (ii) obtained financing from one or more Lenders in sufficient funds to pay for such Change Order.

Appears in 16 contracts

Samples: Lump Sum Turnkey Agreement, Lump Sum Turnkey Agreement (Sabine Pass Liquefaction, LLC), Fixed Price Separated Turnkey Agreement (Cheniere Corpus Christi Holdings, LLC)

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Evidence of Funds. With the exception of any Contract Price adjustment contemplated under Attachment EE31, Contractor shall not be obligated to proceed with any Change Order that, alone or in conjunction with other Change Orders, would result in an increase in the Contract Price, as of the Contract Date, in excess of Fifty Million U.S. Dollars (U.S.$50,000,000) and thereafter would result in an increase in the Contract Price in excess of additional Five Million U.S. Dollars (U.S.$5,000,000) increments, unless Owner furnishes, to Contractor’s reasonable satisfaction, documentation which demonstrates either that Owner has (i) sufficient funds to pay for such Change Order, or (ii) obtained financing from one or more Lenders in sufficient funds to pay for such Change Order.

Appears in 4 contracts

Samples: Lump Sum Turnkey Agreement (Tellurian Inc. /De/), Lump Sum Turnkey Agreement (Tellurian Inc. /De/), Lump Sum Turnkey Agreement (Tellurian Inc. /De/)

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