Common use of Limited Notice to Proceed Clause in Contracts

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 Schedule set forth in Attachment H-4 (as may be amended by Change Order) and the applicable provisions of Article 7. For the avoidance of doubt, in the event LNTP No. 3 is not issued by Owner pursuant to this Agreement, the Work included in Schedule H-4 remains part of the Work required to be performed by Contractor after NTP pursuant to this Agreement. 4. At any time prior to the date of issuance of NTP, Owner may issue other LNTPs which, if issued, shall authorize and require Contractor to commence performance of a specified portion of the Work; provided that the Parties have executed a Change Order for such other LNTP Work. Each other LNTP, if any, shall specify the Work to be performed under the LNTP and the cost of such specified Work, and Contractor shall be paid for such specified Work pursuant to the terms and conditions of such other LNTP and this Agreement, with all such payments credited against the Contract Price if NTP is issued. Such LNTP shall be issued in the form attached hereto as Schedule H-1. 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 the applicable LNTP or by Change Order) and the applicable provisions of Article 7.

Limited Notice to Proceed. 1. On or after the Effective Date, Owner shall may, at Owner’s sole discretion, but subject to Contractor’s written agreement to the terms thereof, issue LNTP No. 1 in the form attached hereto as Schedule H-2 (“LNTP No. 1”), authorizing and requiring to Contractor a limited notice to proceed directing Contractor to commence performance and complete the LNTP Scope of the Work as described in Schedule H-2. All Work performed under LNTP No. 1 shall be performed and 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 Agreement (such notice a “Limited Notice 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. 2Proceed”), 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 Schedule set forth in Attachment H-4 (as may be amended by Change Order) and the applicable provisions of Article 7. For the avoidance of doubt, in the event LNTP No. 3 is not issued by Owner pursuant to this Agreement, the Work included in Schedule H-4 remains part of the Work required to be performed by Contractor after NTP pursuant to this Agreement. 4. At any time prior to the date of issuance of NTP, Owner may issue other LNTPs which, if issued, the Limited Notice to Proceed shall authorize and require Contractor to commence performance of a specified portion be deemed part of the Work; provided that . Owner shall have no obligation to Contractor under this Agreement until the Parties have executed Owner issues the Notice to Proceed, except that, upon issuance of a Change Order for such other LNTP Work. Each other LNTPLimited Notice to Proceed, if any, shall specify the Work to be performed under the LNTP and the cost of such specified Work, and Contractor Owner shall be paid obligated to make the payments for Work complete as specified therein provided such specified Work pursuant to the terms and conditions of such other LNTP and this Agreement, with all such payments credited against the Contract Price if NTP is issued. Such LNTP shall be issued performed by Contractor in the form attached hereto as Schedule H-1. The portion of the Contract Price payable for the LNTP Work shall be made manner required by such Limited Notice to Proceed and otherwise in accordance with the Payment Schedule set forth requirements of this Agreement. [Execution of this Agreement constitutes a Limited Notice to Proceed for a total of [$______________] authorizing Contractor to commence work on (i) paying Equipment deposits for [____________] totaling [$________________]; (ii) permitting, including Contractor Permits totaling [$___________]; (iii) providing Owner with engineering for the Interconnection Agreement including [PSLF/ PSS®E] studies totaling [$_____________], and (iv) completing the issued for permitting and issued for construction designs totaling [$________________].] Subject to Section 7.8, Owner shall pay Contractor for each amount due under this Limited Notice to Proceed in Attachment C accordance with, and subject to compliance with, Section 7.3 and Section 7.7, provided, with respect to each of the Equipment deposits, Owner shall pay Contractor at least ten (10) Days prior to the due date for such deposit as may be amended shown on the relevant vendor’s invoices and conditional lien waivers provided by Contractor in connection therewith. For any Equipment deposits paid by Owner through Contractor pursuant to Contractor’s request, Contractor shall provide unconditional lien waivers from such Equipment supplier within fifteen (15) days of Owner’s payment to Contractor demonstrating that the applicable LNTP or by Change Order) and the applicable provisions of Article 7Contractor’s payment to such Equipment supplier was made.]