Progress of Works – Delay. Seller shall cause each Liquefaction Train to be delivered on or before the Delivery Date for such Liquefaction Train. If, at any time, Seller’s actual progress with respect to a Liquefaction Train is not consistent with meeting the Delivery Date for such Liquefaction Train, or as from the moment any of Seller’s personnel working on the Liquefaction Train System becomes aware of the fact that a Milestone for a Liquefaction Train cannot be met that will affect the Delivery Date for a Liquefaction Train, Seller shall promptly provide written notice to Buyer of such occurrence and shall develop, a recovery plan to overcome the anticipated delay and provide to Buyer, within ten (10) Working Days of such occurrence, a report identifying:
(a) the likely period of delay;
(b) the event causing the delay;
(c) the impact which such event has had or in the opinion of Seller is likely to have or will have on its ability to achieve any of the Milestones;
(d) the recovery plan developed by Seller to overcome the anticipated delay and the steps which Seller has taken, is taking and will take to mitigate the adverse consequences of such event; and
(e) further particulars of the consequences of the delay as Seller becomes aware. Seller shall, in consultation with Buyer, implement the recovery plan and use best efforts to minimize or remove the actual or anticipated delay and any consequences thereof. If Xxxxx provides notice to Seller that Buyer reasonably believes that the steps proposed by Seller fail to adequately address the anticipated delay in meeting the Milestones as part of the recovery plan developed by Seller, then Seller shall increase its efforts in order to remove or minimize such anticipated delay.
