Limited Notice to Proceed. The portion of the Contract Price payable for the LNTP Work shall be made in accordance with the Payment Schedule set forth in Attachment C (as may be amended by Change Order) and the applicable provisions of Article 7. Owner shall not issue the LNTP until the following conditions have been met:
Limited Notice to Proceed. Execution of this Agreement shall be deemed to be a “Limited Notice to Proceed.” Pursuant to such Limited Notice to Proceed, Contractor shall take the following actions:
Limited Notice to Proceed. At any time prior to the date of issuance of the NTP, Owner may issue an LNTP which shall authorize Contractor to commence performance of a specified portion of the Work. An LNTP shall specify the maximum total cost of such specified Work, and Contractor shall be paid for such specified Work pursuant to the terms and conditions of this Agreement, with all such payments credited against the Contract Price and the first payments to become due hereunder. The LNTP shall be issued in the form attached hereto as Schedule H-1.
Limited Notice to Proceed. Concessionaire may issue one or more Limited Notices to Proceed (“LNTP”) authorizing Contractor to commence certain portions of the TTMS Work as set forth in this Agreement, the date of the first such LNTP shall constitute the “Commencement Date”.
Limited Notice to Proceed. 1. Owner shall issue LNTP No. 1 in the form attached hereto as Schedule H-2 (“LNTP No. 1”), authorizing and requiring Contractor to commence performance of the Work as described in Schedule H-2. All Work performed under LNTP No. 1 shall be performed in accordance with the terms and conditions of this Agreement, and all payment for Work under LNTP No. 1 shall be credited against the Contract Price and the first payments to become due hereunder if NTP is issued. The portion of the Contract Price payable for Work under LNTP No. 1 shall be made in accordance with the Payment Schedule set forth in Attachment H-2 (as may be amended by Change Order) and the applicable provisions of Article 7. For the avoidance of doubt, in the event LNTP No. 1 is not issued by Owner pursuant to this Agreement, the Work included in Schedule H-2 remains part of the Work required to be performed by Contractor after NTP pursuant to this Agreement.
Limited Notice to Proceed. 2.2.1 Notwithstanding the foregoing, Owner may elect to issue a notice to proceed instructing the Contractor to procure the Components for the Project (the “Limited Notice to Proceed” or “LNTP”). Upon receipt of the LNTP, Contractor shall immediately procure the Components from “EVLO Energy Storage Inc.”. For greater certainty, the Contractor and the Owner hereby agree that the purpose of Owner issuing the LNTP is to ensure the delivery of the Components on a timely basis and in any event on the date set out in the Project Schedule.
Limited Notice to Proceed. Execution of this Agreement shall be deemed a limited notice to proceed (“Limited Notice to Proceed”). Pursuant to such Limited Notice to Proceed, Contractor shall commence with the LNTP Work. “LNTP Work” shall mean the minimal amount of the Work that Contractor, in its sole discretion, deems necessary to ensure that Contractor is able to complete the Work in accordance with the Contract Schedule and all Milestone Dates; provided that Contractor shall exert commercially reasonable efforts to minimize the amount of LNTP Work needed. Owner shall be obligated to pay Contractor for Contractor’s actual and substantiated costs reasonably incurred by Contractor in performing the LNTP Work with no markup or overhead; provided that in no event shall Owner’s liability in connection with the LNTP Work exceed Two Hundred and Twenty-Five Thousand Dollars ($225,000.00) (“LNTP Work Cost Cap”). Contractor shall invoice Owner for the LNTP Work in accordance with Section 6.3 and shall provide reasonable supporting evidence regarding any invoiced amounts. Owner shall pay any undisputed amounts due in connection with the LNTP Work in accordance with Section 6.5. For the avoidance of doubt, any amounts paid by Owner in connection with the LNTP Work shall be credited against the Contract Price.
Limited Notice to Proceed. Contractor may request that Concessionaire issue one or more Limited Notices to Proceed (“LNTP”) authorizing Contractor to commence certain portions of the DB Work as set forth in this Section 2.3.2. Prior to issuance of a LNTP, the Parties will agree upon the conditions to the issuance of such LNTP (which conditions shall include any conditions that may be agreed, with Contractor’s consent not to be unreasonably withheld, between Concessionaire and the Department to the issuance of the corresponding LNTP under the Comprehensive Agreement), as well as the scope, schedule and payment terms (if applicable) for such portion of the DB Work. Contractor will deliver notice to Concessionaire upon the satisfaction of the agreed conditions to the issuance of any LNTP and Concessionaire will respond to such request, within twenty-five (25) days following receipt of such request, by delivery to Contractor of the applicable LNTP or disapproval of such request and written notice specifying in reasonable detail the reasons for such disapproval. If Concessionaire disapproves such request, Contractor shall then re-submit a revised request to Concessionaire as promptly as reasonably possible and Concessionaire will respond to such request within fourteen (14) days following the receipt of a re-submittal; provided, that in no event shall Concessionaire be obligated to issue an LNTP until and unless the Department has issued a corresponding LNTP to Concessionaire under Section 8.02 of the Comprehensive Agreement.
Limited Notice to Proceed. Prior to the issuance of the Notice to Proceed, Company may in its sole discretion issue one or more Limited Notices to Proceed, including a limited notice to proceed only with engineering or design Work and/or procurement of certain Equipment but no construction. The date on which Company provides Contractor with a Limited Notice to Proceed, if at all, shall be the respective “Limited Notice to Proceed Date.” Any Work described in a Limited Notice to Proceed shall be subject to the terms of this Agreement and Contractor shall commence such portion of the Work after the Limited Notice to Proceed Date set forth therein and thereafter diligently pursue that portion of such Work. Any payment by Company with respect to such portions of the Work shall be determined and applied to the Contract Price in accordance with Article VII hereof. Contractor shall not be entitled to payment for any other portions of the Work not authorized by the Limited Notice to Proceed. (b)
Limited Notice to Proceed. On the Effective Date, Owner shall be deemed to have authorized Contractor to commence and complete the Work set forth in Exhibit 26 in Contractor's sole and absolute discretion; provided, however, that (i) until the NTP Date, Owner's sole and exclusive obligation with respect to Contractor's performance of such Work shall be the payment of the LNTP Payment and (ii) Contractor hereby waives its rights to exercise any other rights or remedies that may be available to Contractor as a result of the performance of such Work. Contractor shall promptly notify Owner following the completion of any Work set forth in Exhibit 26 as well as the satisfaction or failure to satisfy any of the Full NTP Conditions.
