Common use of LIMITED NOTICES TO PROCEED Clause in Contracts

LIMITED NOTICES TO PROCEED. 4.2.1 Prior to the issuance of the Notice to Proceed, Owner shall have the right to issue one or more limited notices to proceed directing Contractor to commence and complete any portion of the Work specified in any such limited notice to proceed and subject to the terms of this Agreement substantially in the form attached hereto as Exhibit F-8 (each, a “Limited Notice to Proceed”), except as otherwise agreed by Owner and Contractor. All activities required to be performed thereunder shall be done in accordance with the requirements for the Work hereunder. Contractor shall not be required to commence performance of the Work described in a Limited Notice to Proceed until it has received payment of a mutually agreeable fixed amount that is specified in the Limited Notice to Proceed to be due and payable upon the issuance of the Limited Notice to Proceed. One hundred percent (100%) of such payment shall be credited as an offset against subsequent Reimbursable Costs, Contractor’s G&A and Contractor’s Margin owed by Owner to Contractor, as applicable. Upon issuance of the Notice to Proceed, all such performance of the Work under a Limited Notice to Proceed shall constitute Work done pursuant to this Agreement. 4.2.2 Owner and Contractor acknowledge that, prior to the Second Restatement Date, Owner issued Limited Notice to Proceed No. 1 (ITP) dated September 24, 2021 (“LNTP No. 1 (ITP)”) and Limited Notice to Proceed No. 2 dated November 29, 2021 (“LNTP No. 2”), in each case limited to the scope of work set forth therein, and agree to treat each of LNTP No. 1 (ITP) and LNTP No. 2 as if it was issued pursuant to this Agreement.

LIMITED NOTICES TO PROCEED. 4.2.1 Prior to the issuance of the Notice to Proceed, Owner shall have the right to issue one or more limited notices to proceed directing Contractor to commence and complete any portion of the Work specified in any such limited notice to proceed and subject to the terms of this Agreement substantially in the form attached hereto as Exhibit F-8 (each, a “Limited Notice to Proceed”), except as otherwise agreed by Owner and Contractor. All activities required to be performed thereunder shall be done in accordance with the requirements for the Work hereunder. Contractor shall not be required to commence performance of the Work described in a Limited Notice to Proceed until it has received payment of a mutually agreeable fixed amount that is specified in the Limited Notice to Proceed to be due and payable upon the issuance of counter-signed the Limited Notice to Proceed. One All Work performed by Contractor under a Limited Notice to Proceed shall be compensated by Owner on the same basis as provided in Exhibit B, and one hundred percent (100%) of such payment shall be credited as an offset against subsequent Reimbursable Costs, Contractor’s G&A and Contractor’s Margin owed by Owner to Contractor, as applicable; provided that Contractor’s Margin earned prior to issuance of the Notice to Proceed shall not be payable to Contractor until the earlier to occur of (i) the issuance of the Notice to Proceed, and (ii) the termination of this Agreement. Upon issuance of the Notice to Proceed, all such performance of the Work under a Limited Notice to Proceed shall constitute Work done pursuant to this Agreement. 4.2.2 Owner and Contractor acknowledge that, prior to the Second Restatement Date, Owner issued Limited Notice to Proceed No. 1 (ITP) dated September 24, 2021 (“LNTP No. 1 (ITP)”) and Limited Notice to Proceed No. 2 dated November 29, 2021 (“LNTP No. 2”), in each case limited to the scope of work set forth therein, and agree to treat each of LNTP No. 1 (ITP) and LNTP No. 2 as if it was issued pursuant to this Agreement.