Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to the real estate on which the Project will be constructed; (2) the Phase I and Phase II Site work required of Owner, as described in Exhibit L is completed along with redline drawings and such Phase I and Phase II Site work and redline drawings have been reviewed and deemed adequate by Design-Builder; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit G, have been obtained; (4) Owner has obtained Financial Closing pursuant to Section 4.3; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Design-Builder; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has provided an insurance certificate or copy of insurance policy demonstrating that Owner has obtained builder’s risk insurance pursuant to Section 17.4.3 hereof, and (8) Design-Builder provides Owner written notification of its acceptance of the Notice to Proceed, provided that Design-Builder shall not be required to accept the Notice to Proceed prior to March 26, 2007. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner must complete the prerequisites to the issuance of a valid Notice to Proceed, as listed in items number (1) through (7) of this Section 6.2 and submit a Notice to Proceed to Design-Builder for Design-Builder’s acceptance by March 26, 2007; otherwise this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.
Notice to Proceed; Commencement. Vendor’s performance of the Scope of Work shall commence within five (5) Days of Vendor’s receipt of Owner’s written notice to proceed in the form prescribed in Exhibit H-2 (the “Notice to Proceed”) unless the Parties mutually agree otherwise in writing. Owner and Vendor mutually agree that “time is of the essence” with respect to the achievement of the critical dates set forth in Exhibit G and the Final Delivery Date.
7.2.1 The above notwithstanding, the Parties agree that prior to the execution of this Agreement and/or following execution of this Agreement, but prior to the delivery by Owner of the Exhibit H-2 Notice to Proceed, Owner may direct Vendor to proceed with certain aspects of the Scope of Work. Such direction shall be given via a Limited Notice to Proceed in the form prescribed on Exhibit H-1 hereto (the “LNTP”). Funding for all LNTP activities shall be provided by the Owner in advance of Vendor commencing any LNTP activities.
Notice to Proceed; Commencement. Design-Builder shall commence the Work within five (5) Days of Design-Builder’s receipt of Owner’s written notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a Notice to Proceed cannot be given until: *****. Provided that Owner has fulfilled all of the requirements listed in (1) through (7) above to Design-Builder’s satisfaction, Design-Builder shall accept Notice to Proceed no later than [DATE]. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180) Days of the Effective Date; otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.
Notice to Proceed; Commencement. The Scope of Work shall commence within five (5) Days of Vendor’s receipt of Xxxxxxx’x written notice to proceed in the form prescribed on Exhibit F (the “Notice to Proceed”) unless the parties mutually agree otherwise in writing. Vendor agrees that “time is of the essence” with respect to the achievement of the monthly cumulative delivery amounts set forth in Exhibit E and the Final Delivery Date.
Notice to Proceed; Commencement. The Work shall commence following Xxxxx’x receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: (1) Owner has title to or has obtained all necessary rights and permits to the real estate on which the Plant will be constructed and; (2) the Site work required of Owner, as described in Exhibit C, has been reviewed and deemed adequate by Xxxxx; (3) the air permit(s) and/or other applicable local, state or federal permits necessary so that construction can begin, as listed on Exhibit F, have been obtained; (4) Owner has provided proof of financing to Xxxxx; (5) if applicable, Owner has executed a sales tax exemption certificate and provided the same to Xxxxx; (6) Owner has provided the name of its property/all-risk insurance carrier and the specific requirements for fire protection; (7) Owner has, in accordance with Section 17.4.4, provided insurance certificates or copies of insurance policies demonstrating that Owner has obtained the insurance policies required pursuant to Section 17.4 hereof and naming additional insured and protecting other interests as prescribed in Section 17.4, and (8) Xxxxx provides Owner written notification of its acceptance of the Notice to Proceed. Such Notice to Proceed and Xxxxx’x acceptance of same shall be provided concurrent with the execution of this Agreement.
6.2.1 Notice to Proceed shall be delivered by Owner to Xxxxx, in a form reasonably acceptable to Xxxxx, pursuant to the notice requirements set forth in Section 21.7 hereof, with a copy to: Xxxxx, Inc. 000 X. Xxxxxxx 000 P. O. Xxx 000 Xxxxxxx Xxxxx, XX 00000 Attention: Xxxxx Xxxx Fax: (000) 000-0000
Notice to Proceed; Commencement. 12 6.3 Project Start-Up and Testing ................................... 13 6.4
Notice to Proceed; Commencement. The Work shall commence within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: [*] Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180) Days of the Effective Date; otherwise, the Contract Price referred to in Section 9.1 is shall be subject to a price increase, or this Agreement shall terminate, either at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.
Notice to Proceed; Commencement. Expansion Project Start-Up and Testing
Notice to Proceed; Commencement. The Work shall commence within five (5) days of Design-Builder's receipt of Owner's written valid notice to proceed ("Notice to Proceed") unless the parties mutually agree otherwise in writing. The parties agree that a valid Owner's Notice to Proceed cannot be given until: [ * ] Owner and Designer mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Design-Builder must receive a valid Owner's Notice to Proceed within 180 days of the signing of this Agreement; otherwise, the Contract Price referred to in Section 9.1 is subject to a price increase.
6.2.1 Owner shall provide the following within 90 days of Design-Builder's receipt of Owner's valid Notice to Proceed, as described in Section 6.2 above of this Agreement: - Owner shall determine its water supply and pretreatment system design and provide Design-Builder with a detailed design, and [ * ] Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. - Owner shall provide the name of its property/all risk insurance carrier and the specific requirements for fire protection. The two bulleted requirements referred to above are further detailed in Exhibit C. The Scheduled Substantial Completion date will likewise be extended a corresponding amount of days for each day Owner exceeds the 90-day timeframe referred to above in Section 6.2.1.
Notice to Proceed; Commencement. The Work shall commence within five (5) days of Design-Builder's receipt of Owner's written valid notice to proceed ("Notice to Proceed") unless the parties mutually agree otherwise in writing. The parties agree that a valid Owner's Notice to Proceed cannot be given until: [ * ] Design-Builder must receive a valid Owner's Notice to Proceed within 180 days of the signing of this Agreement; otherwise, the Contract Price referred to in Section 9.1 is subject to a price increase.
6.2.1 Owner shall provide the following within 90 days of Design-Builder's receipt of Owner's valid Notice to Proceed, as described in Section 6.2 above of this Agreement: - Owner shall determine its water supply and pretreatment system design and provide Design-Builder with a detailed design, and [ * ] Portions omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission. - Owner shall provide the name of its property/all risk insurance carrier and the specific requirements for fire protection. The two bulleted requirements referred to above are further detailed in Exhibit C. The Scheduled Substantial Completion date will likewise be extended a corresponding amount of days for each day Owner exceeds the 90-day timeframe referred to above in Section 6.2.1.
