Common use of Prior to Delivery Term Clause in Contracts

Prior to Delivery Term. (i) No less than forty-five (45) days prior to the Project Review Milestone, Seller shall submit for Buyer’s review a Project Safety Plan, in a format reasonably acceptable to Buyer, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements as of and following the Project Review Milestone and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix XI. Seller shall submit an Attestation with the Project Safety Plan. In the event Buyer provides Notice to Seller that the Project Safety Plan or Attestation is not acceptable to Buyer, then Buyer will identify the inconsistencies with the Safety Requirements in such Notice and such Notice shall constitute the occurrence of a Remediation Event for purposes of Section 11.4.

Prior to Delivery Term. (i) No less than forty-five (45) days prior to the Project Review Milestone, Seller shall submit for Buyer’s review a Project Safety Plan, in a format reasonably acceptable to Buyer, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements as of and following the Project Review Milestone and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix XI. Seller shall submit an Attestation with the Project Safety Plan. In the event Buyer provides Notice to Seller that the Project Safety Plan or Attestation is not acceptable to Buyer, then Buyer will identify the inconsistencies with the Safety Requirements in such Notice and such Notice shall constitute the occurrence of a Remediation Event for purposes of Section 11.412.4.