Common use of Recovery and Recovery Schedule Clause in Contracts

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should the Monthly Progress Report show that any activity on the critical path is forty-five (45) or more Days behind schedule, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten (10) Business Days after the determination by Owner of the requirement for a Recovery Schedule, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) be prepared in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Schedule. Contractor shall address all comments received from Owner during Owner’s review of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should the Monthly Progress Report show that any activity on the critical path is forty-five (45) or more Days behind schedule, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten (10) Business Days after the determination by Owner of the requirement for a Recovery Schedule, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) be prepared in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Schedule. Contractor shall address all comments received from Owner during Owner’s review of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.cost

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should the Monthly CPM Schedule or Progress Report show that any activity on the critical path of the CPM Schedule is forty-five delayed such that Substantial Completion or Final Completion of the Work will occur fourteen (4514) or more Days behind scheduleafter the Guaranteed Required Mechanical Completion Date, Guaranteed Required Substantial Completion Date, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule Guaranteed Required Final Completion Date, and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare prepare, at Contractor’s cost, a schedule to explain and display how it intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten (10) Business Days after After the determination written notification by Owner of the requirement for a Recovery Schedule, Contractor shall prepare shall: A. Prepare the Recovery Schedule and submit it to Owner for its reviewreview within five (5) Days of such written notification. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule. B. Participate in a conference with Owner, (ii) and with any other Person, including Subcontractors and Sub-subcontractors, whom Owner designates to participate, to review and evaluate the Recovery Schedule. Any revisions to the Recovery Schedule as a result of this review shall be prepared resubmitted for review by Owner. C. Perform the Work in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule Schedule. In preparing and executing the Recovery Schedule, Contractor shall be for that period of time reasonably take all steps necessary to regain compliance with the CPM Schedule, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. Contractor shall address all comments received from Owner during Owner’s requirement, review and approval of the Recovery Schedule shall not relieve Contractor of any obligations for the performance of the Work, change any dates in the Project Schedule, or be construed to establish the reasonableness of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, should (i) should the Monthly Updated CPM Schedule or Monthly Progress Report show that any activity on the critical path of the CPM Performance Measurement Baseline Schedule is forty-five delayed such that completion of any Key Milestone, Substantial Completion or Final Completion will occur *** Days after the applicable Key Milestone Date, the Guaranteed Substantial Completion Date or the Required Final Completion Date, respectively, (45ii) or more Days behind schedule, or should (a) Contractor fail to provide a Monthly Progress Report Updated CPM Schedule in compliance with the requirements of this Agreement and (b) Owner notifies Contractor in writing that it has reasonably determines determined (based upon objective criteria) that any activity on the critical path is forty-five delayed such that completion of any Key Milestone, Substantial Completion or Final Completion will occur *** Days after the applicable Key Milestone Date, the Guaranteed Substantial Completion Date or the Required Final Completion Date, respectively, or (45) or more Days behind schedule and (iiiii) Contractor fail to complete any Key Milestone, Substantial Completion or any of its Subcontractors Final Completion within *** after the applicable Key Milestone Date, the Guaranteed Substantial Completion Date or Sub-subcontractors are in Owner’s reasonable judgment responsible the Required Final Completion Date, respectively, then Owner may provide Contractor with a written request for such delay, Owner may, in addition Contractor to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance complete the future Key Milestones, Substantial Completion and Final Completion in accordance with the CPM Schedule applicable Key Milestone Dates, the Guaranteed Substantial Completion Date and the Required Final Completion Date (“Recovery Schedule”). ) as further set forth in this Section 5.5. A. Within ten fifteen (1015) Business Days after the determination by Owner receipt of the requirement Owner’s written request for Contractor to develop a Recovery Schedule, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with complete the CPM Scheduleremaining Key Milestones, (ii) Substantial Completion and Final Completion by the applicable Key Milestone Dates, the Guaranteed Substantial Completion Date and the Required Final Completion Date, respectively. The Recovery Schedule shall be prepared in accordance with GECP, (iii) have GECP and to a similar level of detail sufficient for Contractor to direct, manage and perform as the WorkCPM Performance Measurement Baseline Schedule, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be developed for and cover that period of time reasonably necessary to regain compliance with the CPM Key Milestone Schedule, the Guaranteed Substantial Completion Date and Required Final Completion Date using all commercially practicable efforts and diligence (including, where effective, establishing additional shifts, hiring additional manpower, working overtime, providing additional equipment, obtaining priority shipments and re-sequencing activities). Within the Recovery Schedule proposed by Contractor, and in accordance with GECP, Contractor may request (which such request shall address all comments received from not be unreasonably denied by Owner during and will be subject to the limitations referenced in Section 22.20) re-sequencing the Work and adjusting the Key Milestone Dates to improve schedule, efficiency and resource allocation; provided that such Recovery Schedule proposal shall not adjust the Guaranteed Substantial Completion Date; provided further that any requested re-sequencing of the Work or requested adjustment to any Key Milestone Date shall be expressly stated in writing by Contractor in a notice to Owner (in addition to being illustrated by the proposed Recovery Schedule). B. At Owner’s review written request after Contractor’s initial submission of the Recovery Schedule, and Contractor shall provide participate in a written statement describing why conference with Owner, and with any of Owner’s comments or proposed changes other Person, including Subcontractors and Sub-subcontractors, whom Owner designates to participate, to review and evaluate the Recovery Schedule were not implemented by ContractorSchedule. Any revisions necessary as a result of Owner’s comments or proposed changes to this review shall be resubmitted for review by Owner within three (3) Business Days after the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Scheduleconference. The revised Recovery Schedule Schedule, once agreed upon by Owner in writing, shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the Key Milestone Schedule, the Guaranteed Substantial Completion Date and the Required Final Completion Date. The agreed upon Recovery Schedule, including any changes to the Key Milestone Dates, shall be incorporated into the CPM Performance Measurement Baseline Schedule by Change Order; provided that the Guaranteed Substantial Completion Date shall not be adjusted by such incorporation of the Recovery Schedule. . C. The cost of preparing and executing performing in accordance with the Recovery Schedule shall be at for Contractor’s sole cost account. Owner’s requirement, review and expense; provided, however, if approval of the preparation of a Recovery Schedule is combined with a request by Owner shall not relieve Contractor of any obligations for a Change Order and the cost performance of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000)Work, then Contractor is entitled change the Guaranteed Substantial Completion Date or Required Final Completion Date, or be construed to reimbursement for such preparation costs in accordance with Section 6establish the reasonableness of the Recovery Schedule.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, should (i) should the Monthly Progress Report show Updated CPM Schedule shows (or if Contractor has not provided the Monthly Updated CPM Schedule and Owner reasonably determines) that any activity on the critical path of the Monthly Updated CPM Schedule is forty-five delayed such that achievement of a Key Date (45including a Guaranteed Date) is forecasted to occur thirty (30) or more Days behind scheduleafter the applicable Key Date, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delayfails to achieve a Key Date within thirty (30) Days after the applicable Key Date, then Owner may, in addition to any other remedies that it may have under this Agreement, require that that, as soon as reasonably possible, Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule to the extent required to achieve Substantial Completion prior to the Guaranteed Substantial Completion Date (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within ten (10) Business Days after such notice, Contractor shall prepare the Recovery Schedule and submit it to Owner for its reviewreview and approval, not to be unreasonably withheld. Contractor shall prepare the Recovery Schedule even if Contractor disputes Owner’s determination of the need for a Recovery Schedule. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, Schedule to the extent required to achieve Substantial Completion prior to the Guaranteed Substantial Completion Date. The Recovery Schedule shall (iii) be prepared in accordance with GECP, (iiiii) have a similar level of detail sufficient for Contractor to direct, manage and perform as the WorkCPM Schedule, and (iviii) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case meet the duration of the Recovery Schedule shall be requirements specified for that period of time reasonably necessary to regain compliance with the CPM Schedule. . B. Within ten (10) Business Days after Owner’s receipt of such Recovery Schedule, Contractor shall address all comments received from Owner during participate in a conference with Owner’s , and with any other Person, including Subcontractors and Sub-subcontractors, whom the Parties mutually agree to participate, to review of and evaluate the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any revisions necessary as a result of Owner’s comments or proposed changes to this review shall be resubmitted for review by Owner within three (3) Days following the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Scheduleconference. The revised Recovery Schedule shall then be the schedule which used by Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) for the duration specified in Section 5.5A, to regain compliance with the CPM Schedule to the extent required to achieve Substantial Completion prior to the Guaranteed Substantial Completion Date. C. Contractor shall perform the Work in accordance with the Recovery Schedule. D. Five (5) Days prior to the expiration of the Recovery Schedule, Contractor shall meet with Owner at the Site to determine the effectiveness of the Recovery Schedule and to determine whether Contractor has regained compliance with the CPM Schedule and the Key Dates to the extent required for Substantial Completion to occur before the Guaranteed Substantial Completion Date. At the direction of Owner, one of the following shall happen: 1. If, in the reasonable opinion of Owner, Contractor is still behind schedule, Contractor shall be required to prepare another Recovery Schedule pursuant to Section 5.5A above, to take effect during the immediate subsequent pay period or other period selected in writing by Owner. Contractor shall prepare such Recovery Schedule even if Contractor disputes Owner’s opinion. 2. If, in the reasonable opinion of Owner, Contractor has sufficiently regained compliance with the CPM Schedule and the Key Dates, so that Train 3 will achieve Substantial Completion on or before the Guaranteed Substantial Completion Date, Contractor shall not be required to submit a new Recovery Schedule and shall perform in accordance with the CPM Schedule. E. In preparing and executing the Recovery Schedule, Contractor shall take the steps necessary to regain compliance with the CPM Schedule so that Train 3 will achieve Substantial Completion on or before the Guaranteed Substantial Completion Date, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. F. The cost of preparing and executing performance in accordance with the Recovery Schedule shall be at for Contractor’s sole cost account. G. Owner’s requirement, review and expense; providedapproval of the Recovery Schedule shall not relieve Contractor of any obligations for the performance of the Work, howeverchange any Key Dates, if or be construed to establish the preparation reasonableness of the Recovery Schedule. H. If, at any time prior to the Guaranteed Substantial Completion Date, Contractor’s performance of the Work is delayed such that Train 3 is projected to achieve Substantial Completion beyond the Guaranteed Substantial Completion Date (as may be adjusted by Change Order) to such an extent that the Delay Liquidated Damages cap in Section 20.2 would apply, and (i) Contractor fails to provide a Recovery Schedule is combined in accordance with this Section 5.5 or (ii) Contractor provides a request by Owner for a Change Order and the cost of preparing the Change Order for Recovery Schedule but Contractor fails to materially comply with such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000)Recovery Schedule, then Contractor is entitled shall be in Default and Owner, after written notice to reimbursement for such preparation costs Contractor, and a cure period of fifteen (15) Days from the date of Owner’s notice, shall have the right, prior to the Guaranteed Substantial Completion Date, to terminate Contractor’s performance of the Work in accordance with Section 6.16.1A.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should either (a) the Monthly Updated CPM Schedule or Monthly Progress Report show that any activity on the a critical path of the CPM Schedule is forty-five delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (4510) or more Days behind scheduleafter the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date, or should (b) Contractor fail fails to provide a Monthly Progress Report Updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the a critical path is forty-five delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (4510) or more Days behind schedule after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date or (c) Contractor fails to achieve a Schedule Milestone within ten (10) Days after the applicable Schedule Milestone Date and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule during the immediate subsequent pay period or other period selected by Owner (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within five (5) Business Days of such written notification, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. Contractor shall prepare the Recovery Schedule even if Contractor disputes Owner’s determination of the need for a Recovery Schedule. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) Schedule within the immediate subsequent pay period or such other period selected by Owner. The Recovery Schedule shall be prepared in accordance with GECP, (iii) have GCP and to a similar level of detail sufficient for Contractor to direct, manage and perform as the WorkCPM Schedule, and shall have (ivunless otherwise specified in writing by Owner) have a maximum duration of sixty (60) Days. B. Within five (5) Business Days unless recovery cannot be reasonably achieved in of such timesubmittal, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Schedule. Contractor shall address all comments received from participate in a conference with Owner, and with any other Person, including Subcontractors and Sub-subcontractors, whom Owner during Owner’s designates to participate, to review of and evaluate the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any revisions necessary as a result of Owner’s comments or proposed changes to this review shall be resubmitted for review by Owner within three (3) Days of the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Scheduleconference. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) for the duration specified in Section 5.5A, to regain compliance with the CPM Schedule. C. Five (5) Days prior to the expiration of the Recovery Schedule, Contractor shall meet with Owner at the Site to determine the effectiveness of the Recovery Schedule and to determine whether Contractor has regained compliance with the CPM Schedule. At the direction of Owner, one of the following shall happen: 1. If, in the opinion of Owner, Contractor is still behind schedule, Contractor shall be required to prepare another Recovery Schedule pursuant to Section 5.5A above, to take effect during the immediate subsequent pay period or other period selected in writing by Owner. Contractor shall prepare such Recovery Schedule even if Contractor disputes Owner’s opinion. 2. If, in the opinion of Owner, Contractor has sufficiently regained compliance with the CPM Schedule, Contractor shall return to the use of the CPM Schedule. D. In preparing and executing the Recovery Schedule, Contractor shall take all steps necessary to regain compliance with the CPM Schedule, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. E. The cost of preparing and executing performance in accordance with the Recovery Schedule shall be at for Contractor’s sole cost account. F. In no event shall Contractor be entitled to any adjustment in the Estimated Total Contractor’s Compensation as a result of Owner’s requirement, review and expense; providedapproval of the Recovery Schedule. In addition, howeverOwner’s requirement, if review and approval of the preparation of a Recovery Schedule is combined with a request by Owner shall not: (i) relieve Contractor of any obligations for a Change Order and the cost performance of preparing the Change Order for such request Work; (excluding ii) change any costs associated with recoveryMilestone Schedule Date or any Guaranteed Date; (iii) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled or be construed to reimbursement for such preparation costs in accordance with Section 6establish the reasonableness of the Recovery Schedule.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, should (i) should the Monthly Progress Report show Updated CPM Schedule shows (or if Contractor has not provided the Monthly Updated CPM Schedule and Owner reasonably determines) that any activity on the critical path of the Monthly Updated CPM Schedule is forty-five delayed such that achievement of a Key Date (45including a Guaranteed Date) is forecasted to occur thirty (30) or more Days behind scheduleafter the applicable Key Date, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delayfails to achieve a Key Date within thirty (30) Days after the applicable Key Date, then Owner may, in addition to any other remedies that it may have under this Agreement, require that that, as soon as reasonably possible, Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule to the extent required to achieve Substantial Completion of the applicable Train prior to the Guaranteed Substantial Completion Date for such Train (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within ten (10) Business Days after such notice, Contractor shall prepare the Recovery Schedule and submit it to Owner for its reviewreview and approval, not to be unreasonably withheld. Contractor shall prepare the Recovery Schedule even if Contractor disputes Owner’s determination of the need for a Recovery Schedule. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, Schedule to the extent required to achieve Substantial Completion of the applicable Train prior to the Guaranteed Substantial Completion Date for such Train. The Recovery Schedule shall (iii) be prepared in accordance with GECP, (iiiii) have a similar level of detail sufficient for Contractor to direct, manage and perform as the Work, CPM Schedule and (iviii) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case meet the duration of the Recovery Schedule shall be requirements specified for that period of time reasonably necessary to regain compliance with the CPM Schedule. . B. Within ten (10) Business Days after Owner’s receipt of such Recovery Schedule, Contractor shall address all comments received from Owner during participate in a conference with Owner’s , and with any other Person, including Subcontractors and Sub-subcontractors, whom the Parties mutually agree to participate, to review of and evaluate the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any revisions necessary as a result of Owner’s comments or proposed changes to this review shall be resubmitted for review by Owner within three (3) Days following the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Scheduleconference. The revised Recovery Schedule shall then be the schedule which used by Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) for the duration specified in Section 5.5A, to regain compliance with the CPM Schedule to the extent required to achieve Substantial Completion of the applicable Train prior to the Guaranteed Substantial Completion Date for such Train. C. Contractor shall perform the Work in accordance with the Recovery Schedule. D. Five (5) Days prior to the expiration of the Recovery Schedule, Contractor shall meet with Owner at the Site to determine the effectiveness of the Recovery Schedule and to determine whether Contractor has regained compliance with the CPM Schedule and the Key Dates to the extent required for Substantial Completion of the applicable Train to occur before the applicable Guaranteed Substantial Completion Date. At the direction of Owner, one of the following shall happen: 1. If, in the reasonable opinion of Owner, Contractor is still behind schedule, Contractor shall be required to prepare another Recovery Schedule pursuant to Section 5.5A above, to take effect during the immediate subsequent pay period or other period selected in writing by Owner. Contractor shall prepare such Recovery Schedule even if Contractor disputes Owner’s opinion. 2. If, in the reasonable opinion of Owner, Contractor has sufficiently regained compliance with the CPM Schedule and the Key Dates, so that the applicable Train will achieve Substantial Completion on or before the applicable Guaranteed Substantial Completion Date, Contractor shall not be required to submit a new Recovery Schedule and shall perform in accordance with the CPM Schedule. E. In preparing and executing the Recovery Schedule, Contractor shall take the steps necessary to regain compliance with the CPM Schedule so that the applicable Train will achieve Substantial Completion on or before the applicable Guaranteed Substantial Completion Date, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. F. The cost of preparing and executing performance in accordance with the Recovery Schedule shall be at for Contractor’s sole cost account. G. Owner’s requirement, review and expense; providedapproval of the Recovery Schedule shall not relieve Contractor of any obligations for the performance of the Work, howeverchange any Key Dates, if or be construed to establish the preparation reasonableness of the Recovery Schedule. H. If, at any time prior to the applicable Guaranteed Substantial Completion Date, Contractor’s performance of the Work is delayed such that Substantial Completion of a Train is projected to achieve Substantial Completion beyond the applicable Guaranteed Substantial Completion Date (as may be adjusted by Change Order) to such an extent that the Delay Liquidated Damages cap in Section 20.2 would apply, and (i) Contractor fails to provide a Recovery Schedule is combined in accordance with this Section 5.5 or (ii) Contractor provides a request by Owner for a Change Order and the cost of preparing the Change Order for Recovery Schedule but Contractor fails to materially comply with such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000)Recovery Schedule, then Contractor is entitled shall be in Default and Owner, after written notice to reimbursement for such preparation costs Contractor, and a cure period of fifteen (15) Days from the date of Owner’s notice, shall have the right, prior to the applicable Guaranteed Substantial Completion Date, to terminate Contractor’s performance of the Work in accordance with Section 6.16.1A.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should either (a) the Monthly Updated CPM Schedule or Monthly Progress Report show that any activity on the a critical path of the CPM Schedule is forty-five delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (4510) or more Days behind scheduleafter the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date, or should (b) Contractor fail fails to provide a Monthly Progress Report Updated CPM Schedule in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the a critical path is forty-five delayed such that Mechanical Completion or Final Completion is forecasted to occur ten (4510) or more Days behind schedule after the applicable Guaranteed Date or a Schedule Milestone is forecasted to occur ten (10) or more Days after the applicable Milestone Schedule Date or (c) Contractor fails to achieve a Schedule Milestone within ten (10) Days after the applicable Schedule Milestone Date and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule during the immediate subsequent pay period or other period selected by Owner (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within five (5) Business Days of such written notification, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. Contractor shall prepare the Recovery Schedule even if Contractor disputes Owner’s determination of the need for a Recovery Schedule. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) Schedule within the immediate subsequent pay period or such other period selected by Owner. The Recovery Schedule shall be prepared in accordance with GECP, (iii) have GCP and to a similar level of detail sufficient for Contractor to direct, manage and perform as the WorkCPM Schedule, and shall have (ivunless otherwise specified in writing by Owner) have a maximum duration of sixty (60) Days. B. Within five (5) Business Days unless recovery cannot be reasonably achieved in of such timesubmittal, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Schedule. Contractor shall address all comments received from participate in a conference with Owner, and with any other Person, including Subcontractors and Sub-subcontractors, whom Owner during Owner’s designates to participate, to review of and evaluate the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any revisions necessary as a result of Owner’s comments or proposed changes to this review shall be resubmitted for review by Owner within three (3) Days of the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Scheduleconference. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) for the duration specified in Section 5.5A, to regain compliance with the CPM Schedule. C. Five (5) Days prior to the expiration of the Recovery Schedule, Contractor shall meet with Owner at the Site to determine the effectiveness of the Recovery Schedule and to determine whether Contractor has regained compliance with the CPM Schedule. The cost At the direction of Owner, one of the following shall happen: 1. If, in the opinion of Owner, Contractor is still behind schedule, Contractor shall be required to prepare another Recovery Schedule pursuant to Section 5.5A above, to take effect during the immediate subsequent pay period or other period selected in writing by Owner. Contractor shall prepare such Recovery Schedule even if Contractor disputes Owner’s opinion. 2. If, in the opinion of Owner, Contractor has sufficiently regained compliance with the CPM Schedule, Contractor shall return to the use of the CPM Schedule. D. In preparing and executing the Recovery Schedule, Contractor shall take all steps necessary to regain compliance with the CPM Schedule, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. E. In no event shall Contractor be entitled to any adjustment in the Estimated Total Contractor’s Compensation as a result of Owner’s requirement, review and approval of the Recovery Schedule. In addition, Owner’s requirement, review and approval of the Recovery Schedule shall not: (i) relieve Contractor of any obligations for the performance of the Work; (ii) change any Milestone Schedule Date or any Guaranteed Date; (iii) or be at Contractor’s sole cost and expense; provided, however, if construed to establish the preparation reasonableness of a the Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6Schedule.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should the Monthly CPM Schedule or Progress Report show that any activity on the critical path of the CPM Schedule is forty-five delayed such that Substantial Completion or Final Completion of the Work will occur fourteen (4514) or more Days behind scheduleafter the Guaranteed Mechanical Completion Date, Guaranteed Substantial Completion Date, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule Guaranteed Final Completion Date, and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare prepare, at Contractor’s cost, a schedule to explain and display how it intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten (10) Business Days after After the determination written notification by Owner of the requirement for a Recovery Schedule, Contractor shall prepare shall: A. Prepare the Recovery Schedule and submit it to Owner for its reviewreview within five (5) Days of such written notification. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule. B. Participate in a conference with Owner, (ii) and with any other Person, including Subcontractors and Sub-subcontractors, whom Owner designates to participate, to review and evaluate the Recovery Schedule. Any revisions to the Recovery Schedule as a result of this review shall be prepared resubmitted for review by Owner. C. Perform the Work in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule Schedule. In preparing and executing the Recovery Schedule, Contractor shall be for that period of time reasonably take all steps necessary to regain compliance with the CPM Schedule, including establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. Contractor shall address all comments received from Owner during Owner’s requirement, review and approval of the Recovery Schedule shall not relieve Contractor of any obligations for the performance of the Work, change any dates in the Project Schedule, or be construed to establish the reasonableness of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (i) should the Monthly Progress Report show that any activity on the critical path is forty-five (45) or more Days behind schedule, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delay, Owner may, in addition to any other remedies that it may have under this Agreement, require that Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule (“Recovery Schedule”). Within ten (10) Business Days after the determination by Owner of the requirement for a Recovery Schedule, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) be prepared in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Schedule. Contractor shall address all comments received from Owner during Owner’s review of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.with

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, should (i) should the Monthly Progress Report show Updated CPM Schedule shows (or if Contractor has not provided the Monthly Updated CPM Schedule and Owner reasonably determines) that any activity on the critical path of the Monthly Updated CPM Schedule is forty-five delayed such that achievement of a Key Date (45including a Guaranteed Date) is forecasted to occur thirty (30) or more Days behind scheduleafter the applicable Key Date, or should Contractor fail to provide a Monthly Progress Report in compliance with the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule and (ii) Contractor or any of its Subcontractors or Sub-subcontractors are in Owner’s reasonable judgment responsible for such delayfails to achieve a Key Date within thirty (30) Days after the applicable Key Date, then Owner may, in addition to any other remedies that it may have under this Agreement, require that that, as soon as reasonably possible, Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Schedule to the extent required to achieve Substantial Completion prior to the Guaranteed Substantial Completion Date (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within ten (10) Business Days after such notice, Contractor shall prepare the Recovery Schedule and submit it to Owner for its reviewreview and approval, not to be unreasonably withheld. Contractor shall prepare the Recovery Schedule even if Contractor disputes Owner’s determination of the need for a Recovery Schedule. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, Schedule to the extent required to achieve Substantial Completion prior to the Guaranteed Substantial Completion Date. The Recovery Schedule shall (iii) be prepared in accordance with GECP, (iiiii) have a similar level of detail sufficient for Contractor to direct, manage and perform the Work, and (iv) have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with as the CPM Schedule. Contractor shall address all comments received from Owner during Owner’s review of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule. The revised Recovery Schedule shall then be the schedule which Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Schedule. The cost of preparing and executing the Recovery Schedule shall be at Contractor’s sole cost and expense; provided, however, if the preparation of a Recovery Schedule is combined with a request by Owner for a Change Order and the cost of preparing the Change Order for such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000), then Contractor is entitled to reimbursement for such preparation costs in accordance with Section 6.and

Recovery and Recovery Schedule. If, at any time during the prosecution of the Work, (a) should (i) should the Monthly Progress Report Updated Project Schedule show (or if Contractor has not provided the Monthly Updated Project Schedule and Owner reasonably determines) that any activity on the critical path of the Monthly Updated Project Schedule is forty-five delayed such that Substantial Completion of a Train is forecasted to occur thirty (4530) or more Days behind scheduleafter the applicable Guaranteed Substantial Completion Date, or should (ii) Contractor fail fails to provide achieve Substantial Completion of a Monthly Progress Report in compliance with Train within thirty (30) Days after the requirements of this Agreement and Owner reasonably determines that any activity on the critical path is forty-five (45) or more Days behind schedule applicable Guaranteed Substantial Completion Date, and (iib) Contractor or any of its Subcontractors or Sub-subcontractors are are, in Owner’s reasonable judgment judgment, responsible for such delay, then Owner may, in addition to any other remedies that it may have under this Agreement, require that that, as soon as reasonably possible, Contractor prepare a schedule to explain and display how it intends to regain compliance with the CPM Project Schedule and the Guaranteed Dates within a sixty (60) Day period unless recovery cannot be reasonably achieved in such time, in which case the duration of the recovery period shall be for that period of time reasonably necessary to regain compliance with the Project Schedule and the Guaranteed Dates (“Recovery Schedule”). Within ten (10) Business Days Contractor shall do the following after the determination written notification by Owner of the requirement for a Recovery Schedule: A. Within fifteen (15) Business Days after such notice, Contractor shall prepare the Recovery Schedule and submit it to Owner for its review. The Recovery Schedule shall (i) represent Contractor’s best judgment as to how it shall regain compliance with the CPM Schedule, (ii) be prepared in accordance with GECP, (iii) have a level of detail sufficient for Contractor to direct, manage Project Schedule and perform the Work, Guaranteed Dates and (iv) shall have a maximum duration of sixty (60) Days unless recovery cannot be reasonably achieved in such time, in which case the duration of the Recovery Schedule shall be for that period of time reasonably necessary to regain compliance with the CPM Project Schedule. The Recovery Schedule shall also (i) be prepared in accordance with GECP, and (ii) have a similar level of detail as the Project Schedule. B. Within fifteen (15) Days after Owner’s receipt of such Recovery Schedule but in all cases no later than thirty (30) Days after such notice, Contractor shall participate in a conference with Owner, and with any other Person, including Subcontractors and Sub-subcontractors, whom the Parties mutually agree should participate, to review and evaluate the Recovery Schedule. Contractor shall address all comments received from Owner during Owner’s review of the Recovery Schedule, and Contractor shall provide a written statement describing why any of Owner’s comments or proposed changes to the Recovery Schedule were not implemented by Contractor. Any of Owner’s comments or proposed changes to the Recovery Schedule that Contractor implements should be reflected in the revised Recovery Schedule, which shall be resubmitted for review by Owner within three (3) Days following the conference. The revised Recovery Schedule shall then be the schedule which used by Contractor shall use in planning, organizing, directing, coordinating, performing, and executing the Work (including all activities of Subcontractors and Sub-subcontractors) to regain compliance with the CPM Project Schedule. C. Five (5) Days prior to the expiration of the Recovery Schedule, Contractor shall meet with Owner at the Site to determine the effectiveness of the Recovery Schedule and to determine whether Contractor has regained compliance with the Project Schedule and the Guaranteed Dates. At the direction of Owner, one of the following shall happen: 1. If, in the reasonable opinion of Owner, Contractor is still behind schedule, Contractor shall be required to prepare another Recovery Schedule pursuant to Section 5.5A above, to take effect during the immediate subsequent sixty (60) Day period or other longer period as may be reasonably necessary to regain compliance with the Project Schedule and the Guaranteed Dates. 2. If, in the reasonable opinion of Owner, Contractor has sufficiently regained compliance with the Project Schedule and the Guaranteed Dates, Contractor shall return to the use of the Project Schedule. D. In preparing and executing the Recovery Schedule, Contractor shall take all commercially reasonable steps necessary to regain compliance with the Project Schedule and the Guaranteed Dates within a sixty (60) Day period unless recovery cannot be reasonably achieved in such time, in which case the duration of the recovery period shall be for that period of time reasonably necessary to regain compliance with the Project Schedule and Guaranteed Dates, which may include establishing additional shifts, hiring additional manpower, paying or authorizing overtime, providing additional Construction Equipment, and resequencing activities. E. The cost of preparing and executing performance in accordance with the Recovery Schedule shall be at for Contractor’s sole cost account. F. Owner’s requirement and expense; providedreview of the Recovery Schedule shall not relieve Contractor of any obligations for the performance of the Work, howeverchange any Guaranteed Dates, if or be construed to establish the preparation reasonableness of the Recovery Schedule. G. If, at any time prior to the applicable Guaranteed Substantial Completion Date, Contractor’s performance of the Work is delayed such that Substantial Completion of a Train is projected to achieve Substantial Completion beyond the applicable Guaranteed Substantial Completion Date (as may be adjusted by Change Order) to such an extent that a Delay Liquidated Damages cap in Section 20.2 would apply, and (i) Contractor fails to provide a Recovery Schedule is combined in accordance with this Section 5.5 or (ii) Contractor provides a request by Owner for a Change Order and the cost of preparing the Change Order for Recovery Schedule in accordance with this Section 5.5, but Contractor fails to materially comply with such request (excluding any costs associated with recovery) exceeds Thirty Thousand U.S. Dollars (U.S.$30,000)Recovery Schedule, then Contractor is entitled shall be in Default, and Owner, after written notice to reimbursement for such preparation costs Contractor and a cure period of fifteen (15) Days from the date of Owner’s notice, shall have the right, prior to the applicable Guaranteed Substantial Completion Date, to terminate Contractor’s performance of the Work in accordance with Section 616.1A, except that in the case of a termination by Owner pursuant to this Section 5.5G solely for Contractor’s failure to provide a Recovery Schedule and materially comply therewith, Contractor’s liability under Section 16.1 arising out of such termination shall be limited to the applicable cap or caps in Section 20.2 and no Performance Liquidated Damages would be owed.