Common use of Segmental Construction Notice to Proceed Clause in Contracts

Segmental Construction Notice to Proceed. Notwithstanding Section 8.03(a), at any time after Financial Close the Developer may request that the Department issue one or more Segmental Construction Notices to Proceed (“SCNTP”) prior to the Department’s issuance of the full Construction Notice to Proceed. If the Developer satisfies the conditions described herein, a SCNTP would authorize the Developer to commence certain portions of the Work in respect of Project Assets with independent utility that are set forth in the Developer’s request for a SCNTP. If the Developer satisfies the conditions described in Section 8.03(a)(i) through (vi) with respect to the segment of the Work described in the SCNTP (or the Department, in its discretion, waives in writing such conditions), the Department will promptly deliver the SCNTP with respect to such segment. Notwithstanding the foregoing, the Department will be under no obligation to issue a SCNTP on or after 18 months following the first SCNTP if the Developer has not met the conditions described in Section 8.03(a)(ii) for the Project as a whole. If the Department issues one or more SCNTP, the Department will also issue the full Construction Notice to Proceed upon the Developer’s satisfaction (or the Department‘s written waiver) of the conditions set forth in Section 8.03(a)(i) through (vi), and such full Construction Notice to Proceed will authorize the Developer to commence construction of the remaining balance of the Project Assets not yet authorized under a SCNTP.