Common use of Minimum Acceptance Criteria Not Achieved Clause in Contracts

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten (10) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such Subproject. If the Subproject has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten (10) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject 3 fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten (10) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject 3 to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject 3 has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten (10) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria3. If, on the other hand, the Subproject 3 has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject 3 (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject 5 fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject 5 shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten (10) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject 5 to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectSubproject 5. If the Subproject 5 has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten (10) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria5. If, on the other hand, the Subproject 5 has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject 5 (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In 12.4.1.1. Subject to the terms of Section 12.4.1.2, in the event that a Subproject fails to the Project does not achieve all of the Minimum Acceptance Criteria, as evidenced by the Performance Test resultsTests, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 14.2 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten ninety (1090) months after Days (commencing on the applicable Guaranteed Substantial Completion Date date on which the Work or component thereof was shown, through the Performance Tests, to have failed to achieve one or more of the Minimum Acceptance Criteria) (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Work to achieve all of the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Work has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall havemay, in its sole discretion, the option of either (ai) granting grant Contractor up to an additional ten sixty (1060) month Days to correct the Work to enable the Work to achieve all of the Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A)Criteria; or (bii) declaring claim Contractor Default pursuant to Article 16. In the event that Owner claims such a Default, in which case Owner shall be entitled to immediately (any and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1Aall damages, costs, losses and expenses to which Owner shall have all of the rights is entitled under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria16.1.2. If, on the other hand, the Subproject Work has achieved all of the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten additional sixty (1060) month Day period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up all other damages, costs, losses and expenses to the date of Substantial Completion of the applicable Subproject (subject to which Owner is entitled under Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B)16.1.2.

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject 6(a) fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion DateDate for Subproject 6(a), as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten (10) months after the applicable Guaranteed Substantial Completion Date for Subproject 6(a) (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such Subproject. If the Subproject has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten (10) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria6(a). If, on the other hand, the Subproject 6(a) has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject 6(a) (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Project 3 fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten twelve (1012) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Project 3 to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Project 3 has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten twelve (1012) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B 11.5B with respect to the Subproject Project 3 that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject Project has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten twelve (1012) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject the Project fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject the Project shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten twelve (1012) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Project to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such Subprojectthe Project. If the Subproject Project has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten twelve (1012) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B 11.5B with respect to the Subproject Project that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject Project has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten twelve (1012) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject Project (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In 12.4.1.1. Subject to the terms of Section 12.4.1.2, in the event that a Subproject fails to the Project does not achieve all of the Minimum Acceptance Criteria, as evidenced by the Performance Test resultsTests, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 14.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten ninety (1090) months after Days (commencing on the applicable Guaranteed Substantial Completion Date date on which the Work or component thereof was shown, through the Performance Tests, to have failed to achieve one or more of the Minimum Acceptance Criteria) (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Work to achieve all of the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Work has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall havemay, in its sole discretion, the option of either (ai) granting grant Contractor up to an additional ten sixty (1060) month Days to correct the Work to enable the Work to achieve all of the Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A)Criteria; or (bii) declaring claim Contractor Default pursuant to Article 16. In the event that Owner claims such a Default, in which case Owner shall be entitled to immediately (any and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1Aall damages, costs, losses and expenses to which Owner shall have all of the rights is entitled under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria16.1.2. If, on the other hand, the Subproject Work has achieved all of the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten additional sixty (1060) month Day period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up all other damages, costs, losses and expenses to the date of Substantial Completion of the applicable Subproject (subject to which Owner is entitled under Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B)16.1.2.

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Project 5 fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten twelve (1012) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Project 5 to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Project 5 has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten twelve (1012) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B 11.5B with respect to the Subproject Project 5 that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject Project has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten twelve (1012) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject the Facility fails to achieve all of the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 13.1B shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten one hundred and eighty (10180) months Days after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Facility to achieve all of the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Facility has not achieved all of the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (ai) granting Contractor up to an additional ten a second one hundred and eighty (10180) month Day Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A)13.1B; or (bii) declaring claiming Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject Facility has achieved all of the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten one hundred and eighty (10180) month Day period, should Owner elect that option), then Contractor shall be liable to Owner for applicable all Delay Liquidated Damages up to and the date of Substantial Completion payment of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B)for any Performance Guarantees not achieved.

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Train fails to achieve any of the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, Date for each Train and as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of for such Subproject Train shall not occur have occurred and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt (i) if requested by Owner, prepare a corrective work plan to achieve such Minimum Acceptance Criteria and submit such plan to Owner for a period its review (and Contractor shall incorporate any comments received from Owner that Contractor agrees with, acting reasonably and in accordance with GECP), and (ii) promptly correct the Work to enable such Train to achieve all of ten the applicable Minimum Acceptance Criteria and otherwise achieve Substantial Completion for such Train no later than twelve (1012) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct Date. If, on the Work to enable the Subproject to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of one hand, such Subproject. If the Subproject Train has not achieved all of 104 the Minimum Acceptance Criteria and Substantial Completion upon (as the termination of case may be) within such twelve (12) month period following the Minimum Acceptance Criteria Correction PeriodGuaranteed Substantial Completion Date for such Train, then Owner shall havemay, in its sole discretion, the option of either (ax) granting grant Contractor up to an additional ten period (10not to exceed six (6) month months) to achieve all Minimum Acceptance Criteria Correction Period and achieve Substantial Completion under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); 13.1, or (by) declaring claim Contractor in Default pursuant to Article 16Section 16.1A(xii). In the event that Owner claims such a Default at the end of either the twelve (12) month period or the additional six (6) month period, in which case Owner shall be entitled to immediately (any and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1Aall damages, costs, losses and expenses to which Owner shall have all of the rights is entitled under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria. 16.1D. If, on the other hand, the Subproject such Train has achieved all of the Minimum Acceptance Criteria and Substantial Completion (as applicable) during the Minimum Acceptance Criteria Correction Period applicable twelve (or during the second ten (1012) month period, or additional six (6) month period (should Owner elect that option), then Contractor shall be liable to Owner for applicable the Delay Liquidated Damages up Owner is entitled to under Section 13.1 (and the date of Substantial Completion Parties shall follow the process in Section 11.4A regarding the achievement of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2BGuarantees).

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Train 4 fails to achieve any of the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt prepare a corrective work plan to achieve such Minimum Acceptance Criteria and submit such plan to Owner for its review and comment. Contractor shall commence, on the date on which the Work for Train 4 or component thereof was shown, through the Performance Tests, to have failed to achieve one or more Minimum Acceptance Criteria for Train 4, to correct the Work to enable Train 4 to achieve all of the Minimum Acceptance Criteria and otherwise achieve Substantial Completion, and Contractor shall achieve all such Minimum Acceptance Criteria and otherwise achieve Substantial Completion no later than a period of ten [***] (10[***]) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction PeriodPlan”) to correct ). If, on the Work to enable the Subproject to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such Subproject. If the Subproject one hand, Train 4 has not achieved all of the Minimum Acceptance Criteria and Substantial Completion Completion, upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall havemay, in its sole discretion, the option of either (a) granting grant Contractor up to an additional ten [***] (10[***]) month period to achieve all such Minimum Acceptance Criteria Correction Period and otherwise achieve Substantial Completion (“Additional Minimum Acceptance Criteria Period”) under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); 13.1, or (b) declaring claim Contractor in Default pursuant to Article 16Section 16.1. In the event that Owner claims such a Default at the end of either the Minimum Acceptance Criteria Correction Period or the optional Additional Minimum Acceptance Criteria Period, in which case Owner shall be entitled to immediately (any and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1Aall damages, costs, losses and expenses to which Owner shall have all of the rights is entitled under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria. 16.1D. If, on the other hand, the Subproject Train 4 has achieved all of the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month periodoptional Additional Minimum Acceptance Criteria Period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay all Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to under Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B)13.1.

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Train 3 fails to achieve any of the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt prepare a corrective work plan to achieve such Minimum Acceptance Criteria and submit such plan to Owner for its review and comment. Contractor shall commence, on the date on which the Work for Train 3 or component thereof was shown, through the Performance Tests, to have failed to achieve one or more Minimum Acceptance Criteria for Train 3, to correct the Work to enable Train 3 to achieve all of the Minimum Acceptance Criteria and otherwise achieve Substantial Completion, and Contractor shall achieve all such Minimum Acceptance Criteria and otherwise achieve Substantial Completion no later than a period of ten [***] (10[***]) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction PeriodPlan”) to correct ). If, on the Work to enable the Subproject to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such Subproject. If the Subproject one hand, Train 3 has not achieved all of the Minimum Acceptance Criteria and Substantial Completion Completion, upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall havemay, in its sole discretion, the option of either (a) granting grant Contractor up to an additional ten [***] (10[***]) month period to achieve all such Minimum Acceptance Criteria Correction Period and otherwise achieve Substantial Completion (“Additional Minimum Acceptance Criteria Period”) under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); 13.1, or (b) declaring claim Contractor in Default pursuant to Article 16Section 16.1. In the event that Owner claims such a Default at the end of either the Minimum Acceptance Criteria Correction Period or the optional Additional Minimum Acceptance Criteria Period , in which case Owner shall be entitled to immediately (any and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1Aall damages, costs, losses and expenses to which Owner shall have all of the rights is entitled under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B with respect to the Subproject that did not achieve the Minimum Acceptance Criteria. 16.1D. If, on the other hand, the Subproject Train 3 has achieved all of the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month periodoptional Additional Minimum Acceptance Criteria Period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay all Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to under Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B)13.1.

Minimum Acceptance Criteria Not Achieved. In the event that a Subproject Project 4 fails to achieve the Minimum Acceptance Criteria, as evidenced by the Performance Test results, by the applicable Guaranteed Substantial Completion Date, as such date may be extended by Change Order as provided herein, then (i) Substantial Completion of such Subproject shall not occur and (ii) the provisions of Section 13.1 shall apply. In addition to the foregoing, Contractor shall attempt for a period of ten twelve (1012) months after the applicable Guaranteed Substantial Completion Date (“Minimum Acceptance Criteria Correction Period”) to correct the Work to enable the Subproject Project 4 to achieve the Minimum Acceptance Criteria and otherwise achieve Substantial Completion of such SubprojectCompletion. If the Subproject Project 4 has not achieved the Minimum Acceptance Criteria and Substantial Completion upon the termination of the Minimum Acceptance Criteria Correction Period, then Owner shall have, in its sole discretion, the option of either (a) granting Contractor up to an additional ten twelve (1012) month Minimum Acceptance Criteria Correction Period under the same terms and conditions as the first, including the application of Section 13.1 (subject to Section 20.2A); or (b) declaring Contractor Default pursuant to Article 16, in which case Owner shall be entitled to immediately (and without any cure period allowed) terminate Contractor’s performance of the Work in accordance with Section 16.1A, and Owner shall have all of the rights under Section 16.1, including all Delay Liquidated Damages owed but subject to Section 20.2A, provided that Owner shall not be entitled to any Performance Liquidated Damages for a termination under this Section 11.4B 11.5B with respect to the Subproject Project 4 that did not achieve the Minimum Acceptance Criteria. If, on the other hand, the Subproject has achieved the Minimum Acceptance Criteria and Substantial Completion during the Minimum Acceptance Criteria Correction Period (or during the second ten (10) month period, should Owner elect that option), then Contractor shall be liable to Owner for applicable Delay Liquidated Damages up to the date of Substantial Completion of the applicable Subproject (subject to Section 20.2A) and all Performance Liquidated Damages owed (subject to Section 20.2B).Minimum