Common use of Notice to Proceed; Commencement Clause in Contracts

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.