Common use of Construction Programme Clause in Contracts

Construction Programme. 1. Not later than the end of the Design Concept Period, Landlord shall deliver to Tenant a preliminary schedule for the completion of the construction of the Building as provided for in this Agreement (the “Preliminary Construction Programme”), based on the agreed-upon design concepts for the Building. Not later than the end of each of the Program Period, the Schematic Design Period, and the Design Development Period, Landlord shall deliver to Tenant an updated Preliminary Construction Programme reflecting the additional concepts and greater detail relative to the Shell Building Works and the Stage Works that are set forth in the Program Document, the Schematic Design, and the Design Drawings, respectively. 2. Without limiting the foregoing, during the Permit Set Period described in Clause 4.3(v) above, Landlord shall deliver to Tenant for its approval, such approval not to be unreasonably withheld, conditioned or delayed, the Contractor's proposed schedule for the completion of the construction of the Building as provided for herein (as approved, the “Construction Programme”). It shall be unreasonable for Tenant to withhold approval of a Construction Programme relative to Stage 1 that provides for a Contract Time of no more than [*****] months. Conversely, it shall be reasonable for Tenant to reject any Construction Programme relative to Stage 1 that provides for a Contract Time of more than [*****] months. Further, it shall be unreasonable for Tenant to withhold approval of a Construction Programme relative to Stage 2 that provides for a scheduled Commencement Date (D) for Stage 2 that is the same as the Target Commencement Date (D) for Stage 2. Conversely, it shall be reasonable for Tenant to reject a Construction Programme relative to Stage 2 that provides for a Commencement Date (D) for Stage 2 that will occur after the Target Commencement Date (D) for Stage 2. As used herein, “Contract Time” shall mean that period of time (A) commencing on the date that is thirty (30) days after the first date upon which all of the following have occurred: (i) Landlord has received the Approvals; and (ii) the Certificate Regarding Construction Drawings, Project Budget and Construction Programme (hereinafter defined) has been fully executed and delivered by the parties, and (B) concluding on the date on which Landlord delivers Stage 1 to Tenant with all Commencement Date Conditions (A) satisfied in full. Landlord shall regularly update the Construction Programme at commercially reasonable intervals for each portion of the Shell Building Works and the Stage Works. Further, without limiting the terms and provisions of Clause 32 below, Landlord shall update and refine the Construction Programme at appropriate times during the construction process in the event of unforeseen site conditions, Force Majeure events, or any other events or circumstances requiring modification to the Construction Programme after the date hereof, and Landlord shall advise Tenant if it appears that the Construction Programme will exceed the Contract Time relative to Stage 1 or result in a Commencement Date (D) for Stage 2 that will occur after the Target Commencement Date (D) for Stage 2, and, in such event, shall make recommendations for corrective action. The parties acknowledge that the Construction Programme shall include the following “Key Milestones” to be achieved by Landlord in the design and construction of each Stage of the Building: (a) commencement of construction of the Building (i.e., pouring of foundation footings) and/or the Stage, as applicable; (b) ordering of the following long-lead equipment: (1) the engine generators; (2) the uninterruptible power supply units; and (3) the primary cooling equipment, e.g., cooling towers, packaged air-handling units, etc.; (c) practical completion of Shell Building Works and of each Stage, as applicable; (d) installation of the first engine generator; and (e) commencement of Level 3 commissioning. 3. Any dispute as to whether the Tenant is withholding approval pursuant to and in accordance with this Clause 4.5 shall be agreed between the Landlord and the Tenant as soon as reasonably practicable after a written request so to do by one party to the other or in the event they cannot so agree shall be determined in accordance with Clause 24.