Common use of Late Progress Milestones Clause in Contracts

Late Progress Milestones. If, at any time, TSP’s actual progress in performing the Work as measured against the Project Schedule or any of the Progress Milestone Dates is inadequate to meet the requirements of this Contract, the Joint Board may so notify TSP. Within 30 days thereafter, TSP shall either (i) demonstrate to the Joint Board’s reasonable satisfaction that such interim delay in progress will have no adverse effect on TSP’s ability to perform and complete the Work in accordance with the Mobilization Readiness Deadline(s) and Tolling Readiness Deadline(s), as the same may be adjusted pursuant to this Contract, even though other Progress Milestone Dates may be missed, or (ii) submit for the Joint Board’s review and approval a Recovery Plan for restoring within a reasonable period of time compliance with forthcoming Progress Milestone Dates and/or Tolling Readiness Deadline(s). If a Recovery Plan is required and submitted, TSP shall take such steps as may be necessary to improve TSP’s progress in accordance with the approved Recovery Plan. If within a reasonable period thereafter TSP does not improve performance in accordance with the approved Recovery Plan, the Joint Board may require an increase in TSP’s resources. Such requirements shall be implemented by TSP without additional cost to the Joint Board, provided they are reasonable measures to mitigate delays for which TSP is not entitled to an extension of time pursuant to this Contract. Failure of TSP to comply with the provisions of this Section 4.11 may be grounds for determination by the Joint Board that TSP is not prosecuting the Work with such diligence as will assure completion in accordance with the requirements of this Contract, whereupon the Joint Board shall be entitled to exercise its remedies for a TSP Event of Default as set forth in Section 16.2.