Common use of Performance and Schedule Clause in Contracts

Performance and Schedule. 5.1 The Company shall use Good Utility Practices in performance of the Work. 5.2 The Company shall attempt to reasonably limit Work performed by its direct employees to normal working hours. Extended hours shall be subject to additional compensation to the Company for the costs thereof, which shall be reflected in the Actual Costs, with CHURCHVILLE’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. 5.3 If CHURCHVILLE requests, and Company agrees, to work outside normal working hours, then Company shall be entitled to recover all costs in connection therewith as part of the Actual Costs. 5.4 Projected Project Milestone Schedule: May 1, 2011 - CHURCHVILLE completes building 34.5kV Tap Line as specified. May 1, 2011 - Company completes review and approval of drawings submitted by CHURCHVILLE. May 1, 2011- CHURCHVILLE grants all permits and easements to Company in form and substance satisfactory to Company Completed - CHURCHVILLE completes New Substation. May 1, 2011 – Company sets pole and connects existing Tap Line June 1. 2011 – Company inspects and approves the Tap Line June 1, 2011– Company conducts relay witness testing and inspects and approves New Substation constructed by CHURCHVILLE. July 1, 2011 – Ownership of Tap Line transferred from CHURCHVILLE to Company. July 1, 2011 – Company performs functional testing. July 1, 2011 – Company Customer Facilities Engineer (CFE) conducts final operational interconnection inspection to ensure operational readiness and compliance for energization. July 15, 2011 – Company energizes Tap Line and New Substation. July 1, 2012 – Company disconnects existing tap to Existing Substation January 1, 2013 - CHURCHVILLE completes removal of existing tap to Existing Substation January 1, 2013 -- Project Close-out by Parties The dates above represent the Parties’ preliminary schedule, which is subject to adjustment, alteration, and extension in accordance with the terms of this Agreement. Neither Party shall be liable for failure to meet any milestone in connection with the Project or the Work.