Monthly Construction Progress Report. On or before the tenth (10) day of any calendar month during the Construction Period, a report executed by an Authorized Officer of the Company (i) specifying the amount of Project Costs expended since the Construction Closing Date as well as during the preceding calendar month and the amount of Project Costs estimated to be required to complete the Facility, (ii) providing an assessment of the overall construction progress of the Facility since the date of the last report and since the Construction Closing Date, together with an assessment of how such progress compares to the Construction Schedule, (iii) specifying the estimated Completion Date with respect to the Facility and the estimated date of each of the Construction Contract Milestones, (iv) providing a detailed description of all material problems (including but not limited to actual and then anticipated Cost Overruns, if any) encountered or then anticipated in connection with the construction of the Facility since the date of the last report, together with an assessment of how such problems are likely to impact the Construction Schedule and the meeting of critical dates thereunder and a detailed description of the proposed solutions to any such problems, (v) specifying the delivery status of major Equipment and the effect, if any, that the anticipated delivery dates of such Equipment has on the overall Construction Schedule, (vi) specifying any currently proposed or pending Change Orders and (vii) a discussion or analysis of such other matters related to the Facility as the Indenture Trustee, the Owner Participant or the Engineering Consultant may reasonably request. The Company shall respond, and use commercially reasonable efforts to cause the EPC Contractor to respond, to the Indenture Trustee’s, the Owner Participant’s or the Engineering Consultant’s inquiries regarding such report, the construction of the Facility and the EPC Contractor’s performance of its obligations under the EPC Contract.
Appears in 1 contract
Samples: Participation Agreement (Tri-State Generation & Transmission Association, Inc.)
Monthly Construction Progress Report. On or before the tenth (10) day last Business Day of any calendar month during the Construction Period, a report executed by an the Concessionaire’s Authorized Officer Representative (A) of the Company (i) specifying the amount of Project Costs expended since the Construction Closing Effective Date as well as during the preceding calendar month and the amount of Project Costs estimated to be required to complete the FacilityProject, (iiB) providing an assessment of the overall construction progress of the Facility Project since the date of the last report and since the Construction Closing Effective Date, together with an assessment of how such progress compares to the Construction Schedule, (iiiC) specifying the estimated Projected Completion Date with respect to the Facility and the estimated date of each of the Construction Contract MilestonesDate, (ivD) providing a detailed description of all material problems (including but not limited to actual and then anticipated Cost Overrunscost overruns, if any) encountered or then anticipated in connection with the construction of the Facility Project since the date of the last report, together with an assessment of how such problems are likely to may impact the Construction Schedule and the meeting of critical dates thereunder and a detailed description of the proposed solutions to any such problems, (vE) specifying the delivery status of major Equipment equipment and the effect, if any, that the anticipated delivery dates of such Equipment equipment has on the overall Construction Schedule, (viF) specifying any currently proposed or pending Change Orders Orders, (G) specifying any material changes or deviations from the Concessionaire’s land procurement plans or schedule, and (viiH) a discussion or analysis of such other matters related to the Facility Project as the Indenture Trustee, the Owner Participant or the Engineering Consultant TIFIA Lender may reasonably request. The Company Concessionaire shall respond, and use commercially reasonable efforts to cause the EPC Construction Contractor to respond, to the Indenture Trustee’s, the Owner Participant’s or the Engineering ConsultantTIFIA Lender’s inquiries regarding such report, the construction of the Facility Project and the EPC such Construction Contractor’s performance of its obligations under the EPC ContractConstruction Agreement to which it is a party.
Appears in 1 contract
Samples: Loan Agreement
Monthly Construction Progress Report. On or before the tenth (10) day last Business Day of any calendar month during the Construction Period, a report executed by an a Borrower’s Authorized Officer Representative (A) of the Company (i) specifying the amount of Total Project Costs expended since the Construction Closing Effective Date as well as during the preceding calendar month and the amount of Total Project Costs estimated to be required to complete the FacilityProject, (iiB) providing an assessment of the overall construction progress of the Facility Project since the date of the last report and since the Construction Closing Effective Date, together with an assessment of how such progress compares to the Construction Schedule, (iiiC) specifying the estimated projected Substantial Completion Date with respect to the Facility and the estimated date of each of the Construction Contract MilestonesDate, (ivD) providing a detailed description of all material problems (including but not limited to actual and then anticipated Cost Overrunscost and/or schedule overruns, if any) encountered or then anticipated in connection with the construction of the Facility Project since the date of the last report, together with an assessment of how such problems are likely to may impact the Construction Schedule and the meeting of critical dates thereunder and a detailed description of the proposed solutions to any such problems, (vE) specifying the delivery status of major Equipment equipment and the effect, if any, that the anticipated delivery dates of such Equipment equipment has on the overall Construction Schedule, (viF) specifying any currently proposed or pending Change Orders change orders, (G) specifying any material changes or deviations from the Borrower’s land procurement plans or schedule, and (viiH) a discussion or analysis of such other matters related to the Facility Project as the Indenture Trustee, the Owner Participant or the Engineering Consultant TIFIA Lender may reasonably request. The Company Borrower shall respond, and use commercially reasonable efforts to cause the EPC Contractor Construction Contractors to respond, to the Indenture Trustee’s, the Owner Participant’s or the Engineering ConsultantTIFIA Lender’s inquiries regarding such report, the construction of the Facility Project and the EPC any Construction Contractor’s performance of its obligations under the EPC ContractConstruction Agreement to which it is a party.
Appears in 1 contract
Samples: Tifia Loan Agreement
Monthly Construction Progress Report. On or before the tenth (10) day last Business Day of any calendar month during the Construction Period, a report executed by an a Borrower’s Authorized Officer Representative (A) of the Company (i) specifying the amount of Project Costs expended since the Construction Closing Effective Date as well as during the preceding calendar month and the amount of Project Costs estimated to be required to complete the FacilityProject, (iiB) providing an assessment of the overall construction progress of the Facility Project since the date of the last report and since the Construction Closing Effective Date, together with an assessment of how such progress compares to the Construction Schedule, (iiiC) specifying the estimated projected Substantial Completion Date with respect to the Facility and the estimated date of each of the Construction Contract MilestonesDate, (ivD) providing a detailed description of all material problems (including but not limited to actual and then anticipated Cost Overrunscost and/or schedule overruns, if any) encountered or then anticipated in connection with the construction of the Facility Project since the date of the last report, together with an assessment of how such problems are likely to may impact the Construction Schedule and the meeting of critical dates thereunder and a detailed description of the proposed solutions to any such problems, (vE) specifying the delivery status of major Equipment equipment and the effect, if any, that the anticipated delivery dates of such Equipment equipment has on the overall Construction Schedule, (viF) specifying any currently proposed or pending Change Orders change orders, (G) specifying any material changes or deviations from the Borrower’s or the Transportation Cabinet’s land procurement plans or schedule, and (viiH) a discussion or analysis of such other matters related to the Facility Project as the Indenture Trustee, the Owner Participant or the Engineering Consultant TIFIA Lender may reasonably request. The Company Borrower shall respond, and use commercially reasonable efforts to cause the EPC Construction Contractor to respond, to the Indenture Trustee’s, the Owner Participant’s or the Engineering ConsultantTIFIA Lender’s inquiries regarding such report, the construction of the Facility Project and the EPC Construction Contractor’s performance of its obligations under the EPC ContractConstruction Agreement.
Appears in 1 contract
Samples: Tifia Loan Agreement