Common use of Phase I and Phase II Engineering Clause in Contracts

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Dollars ($Price in Numbers] for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] January 9, 2007 between Owner and Fxxxx Xxxxx Engineering, LLC (“Fxxxx Xxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Xxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Xxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] July 20, 2006 between Owner and Fxxxx Xxxxx Engineering, LLC (“Fxxxx Xxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Xxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Xxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have has entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] January 10, 2006 between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and which is attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] January 18, 2006, between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred and 00/100 Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to E ENERGY AXXXX, LLC August 1, 2006 Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] May 25, 2006 between Owner and Fxxxx Xxxxx Engineering, LLC (“Fxxxx Xxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Xxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Xxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have has entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] December 5, 2006 between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which which, upon payment in full, shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have has entered into that certain a Phase I and Phase II Engineering Services Agreement dated [Date] December 13, 2005 between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and which is attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.

Phase I and Phase II Engineering. Owner shall have entered into that certain Phase I and Phase II Engineering Services Agreement dated [Date] July 20, 2006 between Owner and Fxxxx Engineering, LLC (“Fxxxx Engineering”) and attached hereto as Exhibit L (“Phase I and Phase II Engineering Services Agreement”). The Phase I and Phase II Engineering Services Agreement provides for Fxxxx Engineering to commence work on the Phase I and Phase II engineering for the Project as set forth therein. Owner has agreed to pay Fxxxx Engineering [Price Spelled Out Ninety-two Thousand Five Hundred Dollars ($Price in Numbers] 92,500.00) for such engineering services pursuant to the terms of that agreement, the full amount of which which, upon payment in full, shall be included in and credited to the Contract Price. Notwithstanding the foregoing sentence, if a Notice to Proceed is not issued pursuant to Section 6.2, or Financial Closing is not obtained pursuant to Section 4.3, then no amount paid under the Phase I and Phase II Engineering Services Agreement shall be refunded to Owner.