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 Procurement-Ready Design Milestone, Seller shall have submitted for Buyer’s review and acceptance a Project Safety Plan, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements as of and following the Procurement-Ready Design Milestone and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix XI. As soon as reasonably practicable following Buyer’s receipt of the Project Safety Plan, Buyer shall provide Notice to Seller whether Buyer accepts the Project Safety Plan as consistent with the Safety Requirements as of the Procurement-Ready Design Milestone. In the event Buyer provides Notice to Seller that the Project Safety Plan is not acceptable to Buyer, then Buyer will identify the inconsistencies in such Notice and such Notice shall constitute the occurrence of a Remediation Event for purposes of Section 11.4. The period of time between (A) the number of days accumulated from the date that Seller provided Buyer the Project Safety Plan pursuant to this Section 11.2(a)(i) and (B) the later of the date of Buyer’s Notice to Seller of Buyer’s acceptance of the Project Safety Plan or the date of Buyer’s acceptance of the Attestation pursuant to Section 11.4 (in the event Buyer provided Seller Notice in accordance with this Section 11.2(a)(i)), will be defined as the “Plan Extension.”

Prior to Delivery Term. (i) No less than forty-five (45) days prior to the Procurement-Ready Design Project Review Milestone, Seller shall have submitted for Buyer’s review and acceptance a Project Safety Plan, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements as of and following the Procurement-Ready Design Project Review Milestone and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix XI. As soon as reasonably practicable following BuyerXxxxx’s receipt of the Project Safety Plan, Buyer shall provide Notice to Seller whether Buyer accepts the Project Safety Plan as consistent with the Safety Requirements as of the Procurement-Ready Design Project Review Milestone. In the event Buyer provides Notice to Seller that the Project Safety Plan is not acceptable to Buyer, then Buyer will identify the inconsistencies in such Notice and such Notice shall constitute the occurrence of a Remediation Event for purposes of Section 11.412.4. The period of time between (A) the number of days accumulated from the date that Seller provided Buyer the Project Safety Plan pursuant to this Section 11.2(a)(i12.2(a)(i) and (B) the later of the date of Buyer’s Notice to Seller of Buyer’s acceptance of the Project Safety Plan or the date of Buyer’s acceptance of the Attestation pursuant to Section 11.4 12.4 (in the event Buyer provided Seller Notice in accordance with this Section 11.2(a)(i12.2(a)(i)), ) pursuant to Section 12.4 will be defined as the “Plan Extension”.”

Prior to Delivery Term. (i) No less than forty-five (45) days prior to the Procurement-Ready Design Milestone, Seller shall have submitted for Buyer’s review and acceptance a Project Safety Plan, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements as of and following the Procurement-Ready Design Milestone and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix XI. As soon as reasonably practicable following BuyerXxxxx’s receipt of the Project Safety Plan, Buyer shall provide Notice to Seller whether Buyer accepts the Project Safety Plan as consistent with the Safety Requirements as of the Procurement-Ready Design Milestone. In the event Buyer provides Notice to Seller that the Project Safety Plan is not acceptable to Buyer, then Buyer will identify the inconsistencies in such Notice and such Notice shall constitute the occurrence of a Remediation Event for purposes of Section 11.4. The period of time between (A) the number of days accumulated from the date that Seller provided Buyer the Project Safety Plan pursuant to this Section 11.2(a)(i) and (B) the later of the date of Buyer’s Notice to Seller of Buyer’s acceptance of the Project Safety Plan or the date of Buyer’s acceptance of the Attestation pursuant to Section 11.4 (in the event Buyer provided Seller Notice in accordance with this Section 11.2(a)(i)), will be defined as the “Plan Extension.”