Monthly Construction Progress Reports. Prior to Commercial Operation of the Second Unit, no later than thirty (30) days following the end of each month: (i) an unredacted copy of the Borrower’s monthly construction status report filed with the Georgia PSC (the “Georgia PSC Monthly Status Report”) with respect to such month; provided, however, that if the Borrower determines that such unredacted copy contains confidential trade secret and proprietary information of the EPC Contractor, then (A) such unredacted copy shall be provided via the Restricted Data Site, and (B) a copy that redacts only the confidential trade secret and proprietary information of the EPC Contractor shall be provided to DOE and shall also be provided to the Lender’s Engineer in hard copy format; provided further that the redacted copy delivered pursuant to clause (B) shall contain a level of substantive information with respect to the Project that is substantially consistent with the level of substantive information contained in such Georgia PSC Monthly Status Reports delivered to DOE prior to the Guarantee Issuance Date; (ii) an unredacted copy of the EPC Contractor’s monthly project status report delivered to the Borrower pursuant to Section 3.4(b) (Monthly Status Report) of the EPC Contract (the “EPC Contractor Monthly Report”) with respect to such month, which copy shall be provided via the Restricted Data Site; (iii) a copy of the Operator’s monthly project report in the form delivered to the Owners (the “Southern Nuclear Monthly Report”) with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Contractor, then such copy shall be provided via the Restricted Data Site; (iv) a copy of the written materials delivered by the Owners’ Agent to the Owners (other than the Borrower) in connection with any monthly project management board meeting, including any reports provided to the Owners pursuant to Section 5.7(c) of the Ownership Agreement (such written materials, the “Project Management Board Monthly Meeting Materials” and, together with the EPC Contractor Monthly Report, the Southern Nuclear Monthly Report and the Georgia PSC Monthly Status Report, the “Monthly Construction Reports”), with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Contractor, then such copy shall be provided via the Restricted Data Site. (v) The following shall be included in one or more of the Monthly Construction Reports furnished to DOE each month: (1) the status and progress of the development, planning, design, licensing, acquisition, construction, completion, startup and commissioning of each Unit, inclusive of the Owners’ scope of services, including an updated critical path schedule; (2) summary financial information regarding the construction of the Units, including an updated Construction Budget, Summary Project Milestone Schedule and Project Milestone Schedule, inclusive of both the Owners’ and the EPC Contractor’s scope of services, along with an explanation of reasons for any change to or deviations from the most recent prior Construction Budget and Project Milestone Schedule; provided, however, that if the Borrower determines that such Project Milestone Schedule contains confidential trade secret and proprietary information of the EPC Contractor, then such Project Milestone Schedule shall be provided via the Restricted Data Site; (3) a Transmission Facilities project report summarizing major activities, budget, schedule and issues specifically affecting design, construction and startup of Transmission Facilities; (4) a summary relating to completed Inspections, Tests, Analyses, and Acceptance Criteria (ITAACs), acceptance and startup tests, and performance tests with respect to the Project, except to the extent the Borrower is prohibited from providing such information under applicable requirements of the NRC; and (5) other matters regarding the Project, including (1) disputes or litigation, (2) legislation or governmental proceedings, (3) delinquent payments under any Project Document, or (4) strikes, slowdowns or work stoppages, in each case, to the extent such other matters are material to the Construction Budget, the Project Milestone Schedule or the ability of the Project to be completed or operated. (vi) The Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent EPC Contractor Monthly Report and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports.
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Monthly Construction Progress Reports. Prior to Commercial Operation of the Second Unit, no later than thirty (30) days following the end of each month:
(i) an unredacted copy of the Borrower’s 's monthly construction status report filed with the Georgia PSC (the “"Georgia PSC Monthly Status Report”") with respect to such month; provided, however, that if the Borrower determines that such unredacted copy contains confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor, then (A) such unredacted copy shall be provided via the Restricted Data Site, and (B) a copy that redacts only the confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor shall be provided to DOE and shall also be provided to the Lender’s 's Engineer in hard copy electronic format; provided further that the redacted copy delivered pursuant to clause (B) shall contain a level of substantive information with respect to the Project that is substantially consistent with the level of substantive information contained in such Georgia PSC Monthly Status Reports delivered to DOE prior to the Guarantee Issuance Date;
(ii) an unredacted copy of the EPC Contractor’s monthly project status report delivered to the Borrower pursuant to Section 3.4(b5.5(a) (Monthly Status ReportReports) of the EPC Contract (the “EPC Contractor Monthly Report”) Services Agreement with respect to such monthmonth (the "Service Provider Monthly Reports") and the Monthly Status Report and any report provided pursuant to the Contractor Trend Program (as each such term is defined in the Construction Completion Agreement) delivered to the Borrower pursuant to Section 2.3 (Monthly Status Reports; Access to Information) and Section 2.21 (Control Program) of the Construction Completion Agreement (the "CCA Monthly Reports", together with the Service Provider Monthly Reports, the "Replacement EPC Arrangement Monthly Reports"), which copy reports shall be provided via the Restricted Data Site;
(iii) a copy of the Operator’s 's monthly project report in the form delivered to the Owners (the “"Southern Nuclear Monthly Report”") with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor, then such copy shall be provided via the Restricted Data Site;
(iv) a copy of the written materials delivered by the Owners’ ' Agent to the Owners (other than the Borrower) in connection with any monthly project management board meeting, including any reports provided to the Owners pursuant to Section 5.7(c) of the Ownership Agreement (such written materials, the “"Project Management Board Monthly Meeting Materials” " and, together with the Replacement EPC Contractor Arrangement Monthly Report, the Southern Nuclear Monthly Report and the Georgia PSC Monthly Status Report, the “"Monthly Construction Reports”"), with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor, then such copy shall be provided via the Restricted Data Site.;
(v) The the following (as well as the information in paragraphs (vii) through (xv) below) shall be included in one or more of the Monthly Construction Reports furnished to DOE each month (and in the case of (A) updated Construction Budgets, no less frequently than quarterly (it being understood and agreed that if a material change to the Construction Budget is made by the Borrower during any month, such change will be reported with the Monthly Construction Reports for such month) and (B) the performance metrics described in subparagraph (7) below, no less frequently than weekly); provided, however, that if the Borrower determines that any such information provided under this paragraph (v) or paragraphs (vi) through (xv) contains confidential trade secret and proprietary information of the Service Provider or the CCA Contractor, then such information shall be provided via the Restricted Data Site:
(1) the status and progress of the development, planning, design, licensinglicensing (including the most recent licensing status report of the Operator), acquisition, construction, completion, startup and commissioning of each Unit, inclusive of the Owners’ ' scope of services, including an updated critical path schedule;
(2) summary financial information regarding the construction of the Units, including an updated Construction Budget, Summary Project Milestone Schedule – Working Plan (such updates to include actual dates of completed milestones), Summary Project Milestone Schedule – Regulatory Based (such updates to include actual dates of completed milestones) and Project Milestone Schedule, inclusive of both the Owners’ ', Operator's, CCA Contractor's and the EPC Contractor’s Service Provider's scope of services, along with an explanation of reasons for any change to or deviations from the most recent prior Construction Budget (including actual and projected uses of contingency) and Project Milestone Schedule; provided, however, that if the Borrower determines that such Project Milestone Schedule contains confidential trade secret and proprietary information of the EPC Contractor, then such Project Milestone Schedule shall be provided via the Restricted Data Site;
(3) a Transmission Facilities project report summarizing major activities, budget, schedule and issues specifically affecting design, construction and startup the most recent risk register identifying significant events or conditions that could affect the Project (including an estimate of Transmission Facilitiespotential expected monetary value);
(4) a listing of change orders formally requested in writing in addition to change orders approved by the Owners during such month, in each case, that, individually or in the aggregate, increases Project Costs by an amount equal to or greater than ten million Dollars ($10,000,000) or extends either the Summary Project Milestone Schedule – Working Plan or Summary Project Milestone Schedule – Regulatory Based by at least forty-five (45) days, and impact, if any, on the Construction Budget and the Summary Project Milestone Schedule – Regulatory Based;
(5) a log of changes approved by the Operator’s change control board and impact, if any, on the Construction Budget and Summary Project Milestone Schedule – Regulatory Based;
(6) a summary relating to completed Inspections, Tests, Analyses, and Acceptance Criteria (ITAACs), acceptance and startup tests, and performance tests with respect to the Project, except to the extent the Borrower is prohibited from providing such information under applicable requirements of the NRC;
(7) until mechanical completion of the Second Unit, metrics (including cost performance index and schedule performance index or, if no longer produced due to the phase of the Project, alternative similar metrics used to evaluate Project performance) providing information, as available, regarding the CCA Contractor's, the Operator's and their respective subcontractors' performance with respect to cost, schedule, staffing levels and earned hours versus planned hours;
(8) metrics providing information regarding the Service Provider's performance with respect to the Service Provider's scope of work under the Services Agreement;
(9) as requested by DOE from time to time, earned value management system tracking information to the extent developed by the Borrower or the Operator; and
(510) other matters regarding the Project, including (1) disputes or litigation, (2) legislation or governmental proceedings, (3) delinquent payments under any Project Document, or (4) strikes, slowdowns or work stoppages, in each case, to the extent such other matters are material to the Construction Budget, the Summary Project Milestone Schedule – Regulatory Based or the ability of the Project to be completed or operated.;
(vi) The the Borrower agrees that representatives of the Borrower shall, at DOE’s 's request, meet with the Lender’s 's Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent Replacement EPC Contractor Arrangement Monthly Report Reports and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s 's Engineer with such additional information reasonably requested by DOE and/or the Lender’s 's Engineer based on their review of the Monthly Construction Reports, and shall use its commercially reasonable efforts to address questions from DOE and/or the Lender's Engineer with respect to the performance of the Operator, CCA Contractor and the Service Provider;
(vii) notices to Owners or Governmental Authorities related to releases of Hazardous Materials and material violations of Environmental Law, in each case with respect to the Project;
(viii) in each case, to the extent such matters are material to the Construction Budget, the Summary Project Milestone Schedule – Regulatory Based or the ability of the Project to be completed or operated, (A) notice from the Owners to the CCA Contractor to stop work for convenience, (B) notice of expenditures equal to 25%, 50%, 75% and 100% of Contingency (as defined in the Construction Completion Agreement) or notice that the trend indicates that the Combined Construction Cost will be more than 101.5% of the Target Construction Cost (as each such term is defined in the Construction Completion Agreement), (C) notice that an Adjustment Event (as defined in the Construction Completion Agreement) has occurred, (D) notice of any NRC Change in Law (as defined in the Construction Completion Agreement), and (E) notices of disputes that are being submitted to the Dispute Resolution Board (as defined in the Construction Completion Agreement) or to arbitration;
(ix) notice of Mechanical Completion (as defined in the Construction Completion Agreement) and Final Completion (as defined in the Construction Completion Agreement);
(x) any material change to the Target Construction Cost, Earned Fee or Schedule Earned Fee (as each such term is defined in the Construction Completion Agreement);
(xi) a copy of the annually adjusted expected funding profile provided in accordance with Section 8.2.4 (Monthly Payment for Estimated Reimbursable Costs) of the Construction Completion Agreement;
(xii) a copy of any Recovery Plan (as defined in the Construction Completion Agreement);
(xiii) a listing of any data request submission packages received from the Georgia PSC during such month and, to the extent requested by DOE, the Borrower’s unredacted response to any written data request from the Georgia PSC staff with respect to the Project (provided via the Restricted Data Site as needed);
(xiv) an update on the status of any outstanding PAE; and
(xv) any information with respect to any Xxxxx-Xxxxx Action required to be reported on a monthly basis pursuant to Section 6.11(h)(iii).
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Monthly Construction Progress Reports. Prior to Commercial Operation of the Second Unit, no later than thirty (30) days following the end of each month:
(i) an unredacted copy of the Borrower’s monthly construction status report filed with the Georgia PSC (the “Georgia PSC Monthly Status Report”) with respect to such month; provided, however, that if the Borrower determines that such unredacted copy contains confidential trade secret and proprietary information of the EPC Contractor, then (A) such unredacted copy shall be provided via the Restricted Data Site, and (B) a copy that redacts only the confidential trade secret and proprietary information of the EPC Contractor shall be provided to DOE and shall also be provided to the Lender’s Engineer in hard copy format; provided further that the redacted copy delivered pursuant to clause (B) shall contain a level of substantive information with respect to the Project that is substantially consistent with the level of substantive information contained in such Georgia PSC Monthly Status Reports delivered to DOE prior to the Guarantee Issuance DateIntentionally Omitted;
(ii) an unredacted copy of the EPC Contractor’s monthly project status report delivered to the Borrower pursuant to Section 3.4(b5.5(a) (Monthly Status ReportReports) of the EPC Contract (the “EPC Contractor Monthly Report”) Services Agreement with respect to such monthmonth (the “Service Provider Monthly Reports”) and the Monthly Status Report and any report provided pursuant to the Contractor Trend Program (as each such term is defined in the Construction Completion Agreement) delivered to the Borrower pursuant to Section 2.3 (Monthly Status Reports; Access to Information) and Section 2.21 (Control Program) of the Construction Completion Agreement (the “CCA Monthly Reports”, together with the Service Provider Monthly Reports, the “Replacement EPC Arrangement Monthly Reports”), which copy reports shall be provided via the Restricted Data Site;
(iii) a copy of the Operator’s monthly project report in the form delivered to the Owners (the “Southern Nuclear Monthly Report”) with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor, then such copy shall be provided via the Restricted Data Site;
(iv) a copy of the written materials delivered by the Owners’ Agent to the Owners (other than the Borrower) in connection with any monthly project management board meeting, including any reports provided to the Owners pursuant to Section 5.7(c) of the Ownership Agreement (such written materials, the “Project Management Board Monthly Meeting Materials” and, together with the Replacement EPC Contractor Arrangement Monthly Report, Report and the Southern Nuclear Monthly Report and the Georgia PSC Monthly Status Report, the “Monthly Construction Reports”), with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Service Provider or the CCA Contractor, then such copy shall be provided via the Restricted Data Site.;
(v) The the following (as well as the information in paragraphs (vii) through (xiv) of this Section 6.1(a)) shall be included in one or more of the Monthly Construction Reports furnished to DOE each month (and in the case of (A) updated Construction Budgets, no less frequently than quarterly (it being understood and agreed that if a material change to the Construction Budget is made by the Borrower or the Owners’ Agent during any month, such change will be reported with the Monthly Construction Reports for such month) and (B) the performance metrics described in subparagraph (7) below, no less frequently than weekly); provided, however, that if the Borrower determines that any such information to be provided under this paragraph (v) or paragraphs (vi) through (xiv) of this Section 6.1(a) contains confidential trade secret and proprietary information of the Service Provider or the CCA Contractor, then such information shall be provided via the Restricted Data Site:
(1) the status and progress of the development, planning, design, licensing, acquisition, construction, completion, startup and commissioning of each Unit, inclusive of the Owners’ scope of services, including an updated critical path schedule;
(2) summary financial information regarding the construction of the Units, including an updated Construction Budget, Summary Project Milestone Schedule — Working Plan (such updates to include actual dates of completed milestones), Summary Project Milestone Schedule — Regulatory Based (such updates to include actual dates of completed milestones) and Project Milestone Schedule, inclusive of both the Owners’ ’, Operator’s, CCA Contractor’s and the EPC ContractorService Provider’s scope of services, along with an explanation of reasons for any change to or deviations from the most recent prior Construction Budget (including actual and projected uses of contingency) and Project Milestone Schedule; provided, however, that if the Borrower determines that such Project Milestone Schedule contains confidential trade secret and proprietary information of the EPC Contractor, then such Project Milestone Schedule shall be provided via the Restricted Data Site;
(3) a Transmission Facilities project report summarizing major activities, budget, schedule and issues specifically affecting design, construction and startup the most recent risk register identifying significant events or conditions that could affect the Project (including an estimate of Transmission Facilitiespotential expected monetary value);
(4) a listing of change orders formally requested in writing in addition to change orders approved by the Owners during such month, in each case, that, individually or in the aggregate, increases Project Costs by an amount equal to or greater than ten million Dollars ($10,000,000) or extends either the Summary Project Milestone Schedule — Working Plan or the Summary Project Milestone Schedule — Regulatory Based by at least forty-five (45) days, and impact, if any, on the Construction Budget and the Summary Project Milestone Schedule — Regulatory Based;
(5) a log of changes approved by the Operator’s change control board and impact, if any, on the Construction Budget and Summary Project Milestone Schedule — Regulatory Based;
(6) a summary relating to completed Inspections, Tests, Analyses, and Acceptance Criteria (ITAACs), acceptance and startup tests, and performance tests with respect to the Project, except to the extent the Borrower Owners’ Agent is prohibited from providing such information under applicable requirements of the NRC;
(7) until mechanical completion of the Second Unit, metrics (including cost performance index and schedule performance index or, if no longer produced due to the phase of the Project, alternative similar metrics used to evaluate Project performance) providing information, as available, regarding the CCA Contractor’s, the Operator’s and their respective subcontractors’ performance with respect to cost, schedule, staffing levels and earned hours versus planned hours;
(8) metrics providing information regarding the Service Provider’s performance with respect to the Service Provider’s scope of work under the Services Agreement;
(9) as requested by DOE from time to time, earned value management system tracking information to the extent developed by the Owners’ Agent or the Operator; and
(510) other matters regarding the Project, including (1) disputes or litigation, (2) legislation or governmental proceedings, (3) delinquent payments under any Project Document, Document or (4) strikes, slowdowns or work stoppages, in each case, to the extent such other matters are material to the Construction Budget, the Summary Project Milestone Schedule — Regulatory Based or the ability of the Project to be completed or operated.;
(vi) The the Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent Replacement EPC Contractor Arrangement Monthly Report Reports and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports, and shall use its commercially reasonable efforts to address questions from DOE and or the Lender’s Engineer with respect to the performance of the Operator, the CCA Contractor and the Service Provider;
(vii) notices to Owners or Governmental Authorities related to releases of Hazardous Materials and material violations of Environmental Law, in each case with respect to the Project;
(viii) in each case, to the extent such matters are material to the Construction Budget, the Summary Project Milestone Schedule — Regulatory Based or the ability of the Project to be completed or operated, (A) notice from the Owners to the CCA Contractor to stop work for convenience; (B) notice of expenditures equal to 25%, 50%, 75% and 100% of Contingency (as defined in the Construction Completion Agreement) or notice that the trend indicates that the Combined Construction Cost will be more than 101.5% of the Target Construction Cost (as each such term is defined in the Construction Completion Agreement); (C) notice that an Adjustment Event (as defined in the Construction Completion Agreement) has occurred; (D) notice of any NRC Change in Law (as defined in the Construction Completion Agreement); and (E) notices of disputes that are being submitted to the Dispute Resolution Board (as defined in the Construction Completion Agreement) or to arbitration;
(ix) notice of Mechanical Completion (as defined in the Construction Completion Agreement) and Final Completion (as defined in the Construction Completion Agreement);
(x) any material change to the Target Construction Cost, Earned Fee or Schedule Earned Fee (as each such term is defined in the Construction Completion Agreement);
(xi) a copy of the annually adjusted expected funding profile provided in accordance with Section 8.2.4 (Monthly Payment for Estimated Reimbursable Costs) of the Construction Completion Agreement;
(xii) a copy of any Recovery Plan (as defined in the Construction Completion Agreement);
(xiii) an update on the status of any outstanding PAE; and
(xiv) any information with respect to any Xxxxx-Xxxxx Action required to be reported on a monthly basis pursuant to Section 6.13(h)(iii).
Appears in 1 contract
Monthly Construction Progress Reports. Prior to Commercial Operation of the Second Unit, no later than thirty (30) days following the end of each month:
(i) an unredacted copy of the Borrower’s monthly construction status report filed with the Georgia PSC (the “Georgia PSC Monthly Status Report”) with respect to such month; provided, however, that if the Borrower determines that such unredacted copy contains confidential trade secret and proprietary information of the EPC Contractor, then (A) such unredacted copy shall be provided via the Restricted Data Site, and (B) a copy that redacts only the confidential trade secret and proprietary information of the EPC Contractor shall be provided to DOE and shall also be provided to the Lender’s Engineer in hard copy format; provided further that the redacted copy delivered pursuant to clause (B) shall contain a level of substantive information with respect to the Project that is substantially consistent with the level of substantive information contained in such Georgia PSC Monthly Status Reports delivered to DOE prior to the Guarantee Issuance DateIntentionally Omitted;
(ii) an unredacted copy of the EPC Contractor’s monthly project status report delivered to the Borrower Owners’ Agent pursuant to Section 3.4(b) (Monthly Status Report) of the EPC Contract (the “EPC Contractor Monthly Report”) with respect to such month, which copy shall be provided via the Restricted Data Site;
(iii) a copy of the Operator’s monthly project report in the form delivered to the Owners (the “Southern Nuclear Monthly Report”) with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Contractor, then such copy shall be provided via the Restricted Data Site;
(iv) a copy of the written materials delivered by the Owners’ Agent to the Owners (other than the Borrower) in connection with any monthly project management board meeting, including any reports provided to the Owners pursuant to Section 5.7(c) of the Ownership Agreement (such written materials, the “Project Management Board Monthly Meeting Materials” and, together with the EPC Contractor Monthly Report, Report and the Southern Nuclear Monthly Report and the Georgia PSC Monthly Status Report, the “Monthly Construction Reports”), with respect to such month; provided, however, that if the Borrower determines that such copy contains confidential trade secret and proprietary information of the EPC Contractor, then such copy shall be provided via the Restricted Data Site.
(v) The following shall be included in one or more of the Monthly Construction Reports furnished to DOE each month:
(1) the status and progress of the development, planning, design, licensing, acquisition, construction, completion, startup and commissioning of each Unit, inclusive of the Owners’ scope of services, including an updated critical path schedule;
(2) summary financial information regarding the construction of the Units, including an updated Construction Budget, Summary Project Milestone Schedule and Project Milestone Schedule, inclusive of both the Owners’ and the EPC Contractor’s scope of services, along with an explanation of reasons for any change to or deviations from the most recent prior Construction Budget and Project Milestone Schedule; provided, however, that if the Borrower determines that such Project Milestone Schedule contains confidential trade secret and proprietary information of the EPC Contractor, then such Project Milestone Schedule shall be provided via the Restricted Data Site;
(3) a Transmission Facilities project report summarizing major activities, budget, schedule and issues specifically affecting design, construction and startup of Transmission Facilities;
(4) a summary relating to completed Inspections, Tests, Analyses, and Acceptance Criteria (ITAACs), acceptance and startup tests, and performance tests with respect to the Project, except to the extent the Borrower Owners’ Agent is prohibited from providing such information under applicable requirements of the NRC; and
(5) other matters regarding the Project, including (1) disputes or litigation, (2) legislation or governmental proceedings, (3) delinquent payments under any Project Document, Document or (4) strikes, slowdowns or work stoppages, in each case, to the extent such other matters are material to the Construction Budget, the Project Milestone Schedule or the ability of the Project to be completed or operated.
(vi) The Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent EPC Contractor Monthly Report and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports.
Appears in 1 contract
