Full Notice to Proceed. General Contractor will commence with the Work within 10 days after receipt of Owner’s written notice to proceed (the “Full Notice to Proceed”) and shall thereafter proceed continuously and diligently to perform the Work. Owner may issue the Full Notice to Proceed to GEC at any time after the signing of this Agreement, but FNTP is anticipated on or about 1 July 2006. For the purposes of establishing the Guaranteed Completion Date under this Agreement, the effective date of the Full Notice to Proceed (the “Full Notice to Proceed Effective Date”) shall not be until:
5.1.2.1 General Contractor has received all Milestone Payments payable on or prior to receipt of FNTP as provided in the Milestone Payment Schedule; and
5.1.2.2 If requested in writing by GEC, Owner shall provide GEC with documentation from project lender that demonstrates, in a form acceptable to GEC, that financing is in place and funds are available for drawdown, sufficient to complete the project; and
5.1.2.3 Owner shall have provided GEC with all Government Authorizations necessary to enable construction, and full access to the Site. LIMA/GEC/EPC 23 Confidential Business Information
Full Notice to Proceed. Full Notice to Proceed shall mean that all material third party contractors have been given the notice to proceed with construction by the Capacity Market Seller or its agent, with a guaranteed completion date backed by liquidated damages.
Full Notice to Proceed. Owner will issue the Full Notice to Proceed subject to and in accordance with Section 1.11.
Full Notice to Proceed. (a) Contractor shall not take any action with respect to the Project and shall not commence the Work until Company has issued a full notice to proceed to Contractor substantially in the form attached hereto as Exhibit A (the “Full Notice to Proceed”), except as otherwise provided in this Section 2.1; provided, however, that if Company shall not have issued the Full Notice to Proceed on or before March 1, 2011, Contractor shall be entitled to a Required Change. Issuance of the Full Notice to Proceed is subject to the satisfaction or waiver by Company of each of the conditions in Section 2.1(d). Following issuance of the Full Notice to Proceed, Contractor shall proceed with performing the Work.
(b) At Company’s option, Company may issue one or more limited notices to proceed substantially in the form attached hereto as Exhibit B (each, a “Limited Notice to Proceed”) prior to issuing the Full Notice to Proceed, pursuant to which Contractor shall perform or cause to be performed certain portions of the Work specified in such Limited Notice to Proceed. Each Limited Notice to Proceed shall describe that portion of the Work to be performed, the time for completion of such portion of the Work, the payment schedule and the maximum amount of liability of Company in connection with such Limited Notice to Proceed. A Limited Notice to Proceed shall become effective only upon mutual written agreement of the Parties in connection with the terms thereof.
(c) If, before the execution and delivery of this Contract, the Parties shall have entered into any separate services agreement to perform any of the Work, the Parties agree and acknowledge that the Contract Price and the scope of Work have been adjusted to account for the activities performed and payments made under any such agreements.
(d) The obligation of Company to issue the Full Notice to Proceed to Contractor is subject to the satisfaction or waiver by Company of all of the following conditions precedent:
Full Notice to Proceed. On the Effective Date, in lieu of a separately delivered notice, Owner shall be deemed to have issued to Contractor the Full Notice to Proceed.
Full Notice to Proceed. After the Effective Date and upon satisfaction of the requirements set forth in Section 2.1.3, Owner is entitled to deliver to Contractor a Notice in the form of Appendix I-1 (the “Full Notice to Proceed”), which will authorize Contractor to commence full performance of the Work on the Business Day following delivery of such Notice (the “Commencement Date”). If the Full Notice to Proceed has not been delivered to Contractor on or before September 8, 2008 then the Fixed Component, the Target Total Work Cost and Project Schedule will be equitably adjusted to account for the delay in the issuance of the Full Notice to Proceed. If the Commencement Date has not occurred on or before December 31, 2008 then the Parties shall negotiate, in good faith, a new Fixed Component, Target Total Work Cost and Project Schedule to effect Contractor’s performance of the Work; provided, however, that at any time after December 31, 2008, if the Full Notice to Proceed has not been delivered, either Owner or Contractor may nevertheless terminate this Agreement upon 30 days’ prior Notice to the other Party, and the termination will be effected as described in Section 13.1, without any other liability to either Party as a result of such termination unless the Full Notice to Proceed is delivered within such 30 day period.
Full Notice to Proceed. Owners will provide at least thirty (30) Days' notice prior to the expected issuance of the Full Notice to Proceed. Failure to issue the Full Notice to Proceed by [***] shall constitute a Change and shall entitle Contractor to seek a Change Order pursuant to Article 9. After the Owners’ issuance of the Full Notice to Proceed, Contractor shall perform only that portion of the Work that is allowed by Law and Government Approvals, including, but not limited to, the COL.
Full Notice to Proceed. Subject to Section 20.8 or other earlier termination of this Agreement in accordance with Article 20, Owner shall submit the Full Notice to Proceed within three (3) Business Days following satisfaction by Contractor (or with respect Part B of Section 1 of Exhibit 26, agreement by Owner that the condition has been satisfied) of the Full NTP Conditions; provided that if the Full NTP Conditions have not been satisfied by *** (which date shall not be extended for any reason), then Owner has the option to either terminate this Agreement or to deliver the Full Notice to Proceed. If Owner elects to terminate this Agreement:
(i) Contractor shall pay to Owner the applicable Termination Payment within ten (10) Days of Owner providing notice of the Termination Payment amount;
(ii) Upon payment by Contractor to Owner of the applicable Termination Payment, Sellers shall have the option to exercise the Call Right in accordance with Section 2.9 of the MIPA;
(iii) if Sellers do not exercise the Call Right in accordance with Section 2.9 of the MIPA at Owner's request, Contractor shall promptly and in any event within thirty (30) days return the Site to a substantially similar condition as of the date of this Agreement at Contractor's sole expense;
(iv) except with respect a termination in accordance with Section 20.9, for a period of (A) *** (***) years after the expiration of the No Shop Period or (B) if Contractor or any of its Affiliates shall have breached the obligations set forth in Section 1.11(c), a period of *** (***) years after the expiration of the No Shop Period, Purchasers shall have a Right of First Refusal (as defined in Exhibit 16 of the MIPA) with respect to the acquisition of the membership interests of Owner as set forth in Section 2.10 of the MIPA;
(v) if Contractor or any of its Affiliates breaches its obligations under 1.11(b)(iv) or 1.11(c), including with respect to Purchasers' exercise of any Right of First Refusal as set forth in Section 2.10 of the MIPA, Sellers shall pay to Purchasers an amount equal to *** Dollars (***) within *** five (5) Business Days of such breach, which payment shall be in addition to the applicable Termination Payment, and Purchasers may also pursue injunctive relief;
(vi) other than the applicable Termination Payment, the amounts set forth in Section 1.11(b)(v) (as applicable) and Owner's or Purchasers' right to *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. injuncti...
Full Notice to Proceed. (a) On the Full Notice to Proceed Date, Contractor shall commence with the performance of the Work in accordance with the Milestone Schedule and shall thereafter diligently pursue the Work assigning to it a priority that should reasonably permit the attainment of Substantial Completion on or before the Substantial Completion Guaranteed Date.
(b) Effective immediately upon the Full Notice to Proceed Date, any Owner-Assigned Contracts shall be assigned to Contractor, and Contractor shall assume all rights and obligations of Owner thereunder. The Parties shall, on or before the Full Notice to Proceed Date, cooperate to formally effect such assignment under the terms of any Owner-Assigned Contract. Notwithstanding the foregoing, from and after the Full Notice to Proceed Date, all work performed by any contractor under any Owner-Assigned Contract shall constitute Work hereunder, irrespective of whether such work was performed before or after the Full Notice to Proceed Date. Without limiting the generality of the foregoing, the indemnities provided by Contractor in Section 25.01 with respect to Subcontractors shall apply to each contractor under any Owner-Assigned Contract immediately upon the Full Notice to Proceed Date.
Full Notice to Proceed. A written Notice signed by a duly authorized officer of Owner to Contractor authorizing Contractor to commence and complete all Work under this Contract, and which may be issued only upon and pursuant to fulfillment of the other conditions precedent for the Full Notice to Proceed Date.
