and XVIII Clause Samples

and XVIII. Duquesne shall be entitled to draw upon the Performance Bond maintained in accordance with Section 6.1 hereof to satisfy all or any part of Contractor's foregoing obligations to Duquesne. Contractor shall deliver a notice to Duquesne certifying that it has completed Milestone Number 23 on a particular date, and Duquesne shall promptly conduct such testing and inspections as are necessary to verify that the Milestone has been completed. In the event that during the course of this testing and inspection Duquesne finds that Contractor failed to meet Critical Milestone Number 23 as defined above, Contractor shall be required to proceed immediately in accordance with the terms of Section 4.3(e)(iv) as if it had originally failed to meet that Milestone; provided, however, that if the particular failure to meet Critical Milestone Number 23 is a minor and inadvertent Nonconformity or variance from its requirements, of which Contractor had no knowledge at the time of its Certification that the Milestone had been met, then Contractor shall have the right for * following notification of the Nonconformity or variance to Correct it before Contractor can be required to proceed under Section 4.3(e)(iv).