Limited Notice to Proceed. The portion of the Contract Price payable for the LNTP Work shall be made in accordance with the Payment Schedule set forth in Attachment C (as may be amended by Change Order) and the applicable provisions of Article 7. Owner shall not issue the LNTP until the following conditions have been met:
1. Owner has furnished to Contractor documentation which demonstrates that Owner has sufficient funds to fulfill its payment obligations, including all cancellation costs associated with LNTP Work, in connection with Contractor’s performance of the LNTP Work, or that Owner has obtained financing from one or more Lenders to fulfill its payment obligations in connection with such LNTP Work;
2. Owner has obtained all Owner Permits that are necessary for performance of the LNTP Work, or if Owner has not obtained all such Owner Permits at the commencement of such LNTP Work, by issuance of the LNTP, Owner commits to obtain any such remaining Owner Permits in such time so as to not delay the performance of such LNTP Work; and
3. Owner shall be in compliance with its other obligations set forth in Article 4 as necessary for the performance of the LNTP Work.
Limited Notice to Proceed. 1. Owner shall issue LNTP No. 1 in the form attached hereto as Schedule H-2 (“LNTP No. 1”), authorizing and requiring Contractor to commence performance of the Work as described in Schedule H-2. All Work performed under LNTP No. 1 shall be performed in accordance with the terms and conditions of this Agreement, and all payment for Work under LNTP No. 1 shall be credited against the Contract Price and the first payments to become due hereunder if NTP is issued. The portion of the Contract Price payable for Work under LNTP No. 1 shall be made in accordance with the Payment Schedule set forth in Attachment H-2 (as may be amended by Change Order) and the applicable provisions of Article 7. For the avoidance of doubt, in the event LNTP No. 1 is not issued by Owner pursuant to this Agreement, the Work included in Schedule H-2 remains part of the Work required to be performed by Contractor after NTP pursuant to this Agreement.
2. Owner may issue LNTP No. 2, which if issued shall be in the form attached hereto as Schedule H-3 (“LNTP No. 2”), authorizing and requiring Contractor to commence performance of the Work as described in Schedule H-3. All Work performed under LNTP No. 2 shall be performed in accordance with the terms and conditions of this Agreement, and all payments for Work under LNTP No. 2 shall be credited against the Contract Price and the first payments to become due hereunder if NTP is issued. The portion of the Contract Price payable for Work under LNTP No. 2 shall be made in accordance with the Payment Schedule set forth in Attachment H-3 (as may be amended by Change Order) and the applicable provisions of Article 7. For the avoidance of doubt, in the event LNTP No. 2 is not issued by Owner pursuant to this Agreement, the Work included in Schedule H-3 remains part of the Work required to be performed by Contractor after NTP pursuant to this Agreement.
3. Owner may issue LNTP No. 3, which if issued shall be in the form attached hereto as Schedule H-4 (“LNTP No. 3”), authorizing and requiring Contractor to commence performance of the Work as described in Schedule H-4. All Work performed under LNTP No. 3 shall be performed in accordance with the terms and conditions of this Agreement, and all payments for Work under LNTP No. 3 shall be credited against the Contract Price and the first payments to become due hereunder if NTP is issued. The portion of the Contract Price payable for Work under LNTP No. 3 shall be made in accordance with the Payment Sche...
Limited Notice to Proceed. At any time prior to the date of issuance of the NTP, Owner may issue an LNTP which shall authorize Contractor to commence performance of a specified portion of the Work. An LNTP shall specify the maximum total cost of such specified Work, and Contractor shall be paid for such specified Work pursuant to the terms and conditions of this Agreement, with all such payments credited against the Contract Price and the first payments to become due hereunder. The LNTP shall be issued in the form attached hereto as Schedule H-1.
Limited Notice to Proceed. Execution of this Agreement shall be deemed to be a “Limited Notice to Proceed.” Pursuant to such Limited Notice to Proceed, Contractor shall take the following actions:
(a) Contractor shall immediately commence efforts to enter into a firm, contractually binding agreement with the PV Module Manufacturer for the supply of the PV Modules needed for the Work (“PV Module Supply Agreement”).
(b) [***]
Limited Notice to Proceed. Execution of this Agreement shall be deemed a limited notice to proceed (“Limited Notice to Proceed”). Pursuant to such Limited Notice to Proceed, Contractor shall commence with the LNTP Work. “LNTP Work” shall mean the minimal amount of the Work that Contractor, in its sole discretion, deems necessary to ensure that Contractor is able to complete the Work in accordance with the Contract Schedule and all Milestone Dates; provided that Contractor shall exert commercially reasonable efforts to minimize the amount of LNTP Work needed. Owner shall be obligated to pay Contractor for Contractor’s actual and substantiated costs reasonably incurred by Contractor in performing the LNTP Work with no markup or overhead; provided that in no event shall Owner’s liability in connection with the LNTP Work exceed Two Hundred and Twenty-Five Thousand Dollars ($225,000.00) (“LNTP Work Cost Cap”). Contractor shall invoice Owner for the LNTP Work in accordance with Section 6.3 and shall provide reasonable supporting evidence regarding any invoiced amounts. Owner shall pay any undisputed amounts due in connection with the LNTP Work in accordance with Section 6.5. For the avoidance of doubt, any amounts paid by Owner in connection with the LNTP Work shall be credited against the Contract Price.
Limited Notice to Proceed. Concessionaire may issue one or more Limited Notices to Proceed (“LNTP”) authorizing Contractor to commence certain portions of the TTMS Work as set forth in this Agreement, the date of the first such LNTP shall constitute the “Commencement Date”.
Limited Notice to Proceed. 2.2.1 Notwithstanding the foregoing, Owner may elect to issue a notice to proceed instructing the Contractor to procure the Components for the Project (the “Limited Notice to Proceed” or “LNTP”). Upon receipt of the LNTP, Contractor shall immediately procure the Components from “EVLO Energy Storage Inc.”. For greater certainty, the Contractor and the Owner hereby agree that the purpose of Owner issuing the LNTP is to ensure the delivery of the Components on a timely basis and in any event on the date set out in the Project Schedule.
Limited Notice to Proceed. At any time prior to its issuance of the Notice to Proceed, if Owners desire for Contractor to perform certain preliminary activities in connection with the Work, Owners may notify Contractor, in which case the Parties will discuss and agree upon the exact scope to be performed and payment therefor. Upon mutual agreement thereof, Owners may deliver to Contractor a written notice (the “Limited Notice to Proceed”), in the form of Attachment 1, in which event, Contractor will perform such limited activities as described therein. Owner shall pay for Work performed pursuant to a Limited Notice to Proceed in accordance with the payment terms agreed to therein. The Parties agree that Owners and Contractor may agree upon multiple Limited Notices to Proceed prior to the issuance of the Notice to Proceed. Any Work performed pursuant to a Limited Notice to Proceed shall be deemed Work under this Agreement, and any payments therefore shall count against the EPC Price. Issuance of a Limited Notice to Proceed shall not require Owners to issue the Notice to Proceed. A Limited Notice to Proceed shall be deemed to have been issued by Owners to Contractor for the deposits and advance payments relating to the Work covered by an Advance made to Contractor pursuant to the Grid Note.
Limited Notice to Proceed. Upon delivery of a limited notice to proceed, Contractor shall commence limited portions of its obligations under this Agreement, the scope of which shall be specified in the limited notice to proceed and shall be consistent with the initial work required under the Project Schedule.
Limited Notice to Proceed. On or after the Effective Date, Owner may, at Owner’s sole discretion, but subject to Contractor’s written agreement to the terms thereof, issue to Contractor a limited notice to proceed directing Contractor to commence and complete the LNTP Scope of Work under and in accordance with the terms of this Agreement (such notice a “Limited Notice to Proceed” or “LNTP”). All Work performed by Contractor prior to or pursuant to the Limited Notice to Proceed shall be deemed part of the Work. Owner shall have no obligation to Contractor under this Agreement until the Owner issues the Notice to Proceed, except that, upon issuance of a Limited Notice to Proceed, Owner shall be obligated to make the payments for Work as specified therein provided such Work is performed by Contractor in the manner required by such Limited Notice to Proceed and otherwise in accordance with the requirements of this Agreement.
