Common use of Notice to Proceed; Commencement Clause in Contracts

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.

Appears in 2 contracts

Samples: Master Agreement for Design, Engineering and Construction (US BioEnergy CORP), Master Agreement for Design, Engineering and Construction (US BioEnergy CORP)

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Notice to Proceed; Commencement. Design-Builder The Work shall commence the Work 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: [*****. 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 * Certain confidential information on this page has been omitted and filed separately with the Securities and Exchange Commission. 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, the Contract Price referred to in Section 9.1 is subject to a price increase. If Owner fails to deliver a valid Notice to Proceed on or before the date one hundred and eighty (180) Days after the Effective Date, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to shall terminate this Agreement pursuant to its right under the immediately preceding sentence, then and Design-Builder shall have no further obligations hereunder.

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (ASAlliances Biofuels, LLC)

Notice to Proceed; Commencement. Design-Builder The Work shall commence the Work within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties parties mutually agree otherwise in writing. The Parties parties agree that a valid Owner’s 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. 6.3.1 Notice to Proceed shall be delivered by Owner to Design-Builder pursuant to the notice requirements set forth in Section 21.7 hereof, with a copy to: Fxxxx Inc. 500 X. Xxxxxxx 000 P.O. Box 159 Granite Falls, MN 56241 Attention: Bxxxx Xxxx Fax: (000) 000-0000

Appears in 1 contract

Samples: Lump Sum Design Build Agreement (Advanced BioEnergy, LLC)

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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. 6.2.1 Notice to Proceed shall be delivered by Owner to Design-Builder pursuant to the notice requirements set forth in Section 21.7 hereof, with a copy to: Fxxxx, Inc. 500 X. Xxxxxxx 000 P. O. Bxx 000 Xxxxxxx Xxxxx, XX 00000 Attention: Bxxxx Xxxx Fax: (000) 000-0000

Appears in 1 contract

Samples: Master Agreement for Design, Engineering and Construction (US BioEnergy CORP)

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