Common use of Corrective Work Clause in Contracts

Corrective Work. If, during the Defect Correction Period, any Work for Train 3 is found to be Defective and Contractor is aware of such Defect or Owner provides written notice to Contractor within such Defect Correction Period regarding such Defect, Contractor shall, at its sole cost and expense, promptly and on an expedited basis (i) correct such Defective Work, whether by repair, replacement or otherwise, including any and all obligations in connection with such repair, replacement or otherwise, such as in and out costs and open and close costs, storage costs, labor, testing, Taxes, expediting costs, Texas Sales and Use Tax, transportation costs and any other costs necessary to fully correct the Work and (ii) any other physical loss or damage to any portions of the Train 3 Liquefaction Facility damaged or affected by such Defective Work (“Corrective Work”), provided, however, with respect to item (ii), Contractor’s liability shall be limited to [***] U.S. Dollars (U.S.$[***]) per occurrence in accordance with Section 17.1F, with a cumulative per occurrence of [***] U.S. Dollars (U.S.$[***]) under the Trains 1 and 2 EPC Agreement and this Agreement. Any such notice from Owner shall state with reasonable specificity the date of occurrence or observation of the Defect and the reasons supporting Owner’s belief that Contractor is responsible for performing Corrective Work. After Substantial Completion, Owner shall provide Contractor with access on the Train 3 Liquefaction Facility and the Trains 1 and 2 Liquefaction Facility and de-energize and de-pressurize the applicable Equipment sufficient to perform the Corrective Work, so long as such access does not interfere with the construction or operation of the Train 3 Liquefaction Facility or the Trains 1 and 2 Liquefaction Facility and subject to Owner’s permit to work system. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor as soon as possible following the utilization of such spare parts.

Appears in 1 contract

Sources: Fixed Price Turnkey Agreement (NextDecade Corp.)

Corrective Work. If, during the Defect Correction Period, any Work for Train 3 4 is found to be Defective and Contractor is aware of such Defect or Owner provides written notice to Contractor within such Defect Correction Period regarding such Defect, Contractor shall, at its sole cost and expense, promptly and on an expedited basis (i) correct such Defective Work, whether by repair, replacement or otherwise, including any and all obligations in connection with such repair, replacement or otherwise, such as in and out costs and open and close costs, storage costs, labor, testing, Taxes, expediting costs, Texas Sales and Use Tax, transportation costs and any other costs necessary to fully correct the Work and (ii) any other physical loss or damage to any portions of the Train 3 Liquefaction 4 Facility damaged or affected by such Defective Work (“Corrective Work”), provided, however, with respect to item (ii), Contractor’s liability shall be limited to [***] U.S. Dollars (U.S.$U.S.$ [***]) per occurrence in accordance with Section 17.1F, with a cumulative per occurrence of [***] U.S. Dollars (U.S.$U.S. $[***]) under the Trains Phase 1 EPC Agreements, this Agreement, and 2 the Train 5 EPC Agreement and this Agreement. Any such notice from Owner shall state with reasonable specificity the date of occurrence or observation of the Defect and the reasons supporting Owner’s belief that Contractor is responsible for performing Corrective Work. After Substantial Completion, Owner shall provide Contractor with access on the Train 3 Liquefaction 4 Facility and the Trains Phase 1 and 2 Liquefaction Facility Facilities and de-energize and de-pressurize the applicable Equipment sufficient to perform the Corrective Work, so long as such access does not interfere with the operation of the Train 4 Facility or the construction or operation of the Train 3 Liquefaction Facility or the Trains Phase 1 and 2 Liquefaction Facility Facilities and subject to Owner’s permit to work system. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor as soon as possible following the utilization of such spare parts.

Appears in 1 contract

Sources: Fixed Price Turnkey Agreement (NextDecade Corp.)

Corrective Work. If, during the Defect Correction PeriodPeriod for any Train, any Work for such Train 3 is found to be Defective and Contractor is aware of such Defect or Owner provides written notice to Contractor within such Defect Correction Period regarding such Defect, Contractor shall, at its sole cost and expense, promptly and on an expedited basis (ia) correct such Defective Work, whether by repair, replacement or otherwise, including any and all obligations in connection with such repair, replacement or otherwise, such as in and out costs and open and close costs, storage costs, labor, testing, Taxes, expediting costs, Texas Sales and Use Tax, transportation costs and any other costs necessary to fully correct the Defective Work and (iib) correct any other physical loss or damage to any portions of the Train Stage 3 Liquefaction Facility damaged or affected by such Defective Work (“Corrective Work”), provided, however, with respect to item (iib), Contractor’s liability shall be limited to [*** U.S. Dollars (U.S. $***] U.S. Dollars (U.S.$[***]) per occurrence in accordance with Section 17.1F, with a cumulative per occurrence of [***] U.S. Dollars (U.S.$[***]) under the Trains 1 and 2 EPC Agreement and this Agreement. 17.1I. Any such notice from Owner shall state with reasonable specificity the date of occurrence or observation of the Defect and the reasons supporting Owner’s belief that Contractor is responsible for performing Corrective Work. After Substantial CompletionCompletion of the applicable Train, Owner shall provide Contractor with access on to the Train Stage 3 Liquefaction Facility and the Trains 1 and 2 Liquefaction Facility and de-energize and de-pressurize the applicable Equipment sufficient to perform the its Corrective Work, so long as such access does not unreasonably interfere with the construction or operation of the Train Stage 3 Liquefaction Facility or the Trains 1 and 2 Liquefaction Facility Facility, and subject to Owner’s permit to work system. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor and deliver such spare parts to the Site as soon as possible following the utilization of such spare parts.

Appears in 1 contract

Sources: Fixed Price Separated Turnkey Agreement (Cheniere Energy, Inc.)

Corrective Work. If, during the Defect Correction Period, any Work for Train 3 4 is found to be Defective and Contractor is aware of such Defect or Owner provides written notice to Contractor within such Defect Correction Period regarding such Defect, Contractor shall, at its sole cost and expense, promptly and on an expedited basis (i) correct such Defective Work, whether by repair, replacement or otherwise, including any and all obligations in connection with such repair, replacement or otherwise, such as in and out costs and open and close costs, storage costs, labor, testing, Taxes, expediting costs, Texas Sales and Use Tax, transportation costs and any other costs necessary to fully correct the Work and (ii) any other physical loss or damage to any portions of the Train 3 Liquefaction 4 Facility RGLNG T4 – ▇▇▇▇▇▇▇ – Train 4 Amended and Restated EPC Agreement 96 Exhibit 10.1 damaged or affected by such Defective Work (“Corrective Work”), provided, however, with respect to item (ii), Contractor’s liability shall be limited to [***] U.S. Dollars (U.S.$[***]) per occurrence in accordance with Section 17.1F, with a cumulative per occurrence of [***] U.S. Dollars (U.S.$U.S. $[***]) under the Trains Phase 1 EPC Agreements, this Agreement, and 2 the Train 5 EPC Agreement and this Agreement. Any such notice from Owner shall state with reasonable specificity the date of occurrence or observation of the Defect and the reasons supporting Owner’s belief that Contractor is responsible for performing Corrective Work. After Substantial Completion, Owner shall provide Contractor with access on the Train 3 Liquefaction 4 Facility and the Trains Phase 1 and 2 Liquefaction Facility Facilities and de-energize and de-pressurize the applicable Equipment sufficient to perform the Corrective Work, so long as such access does not interfere with the operation of the Train 4 Facility or the construction or operation of the Train 3 Liquefaction Facility or the Trains Phase 1 and 2 Liquefaction Facility Facilities and subject to Owner’s permit to work system. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor as soon as possible following the utilization of such spare parts.. B.

Appears in 1 contract

Sources: Fixed Price Turnkey Agreement (NextDecade Corp)

Corrective Work. If, during the Defect Correction PeriodPeriod for either Train, any Work for such Train 3 is found to be Defective and Contractor is aware of such Defect or Owner provides written notice to Contractor within such Defect Correction Period regarding such Defect, Contractor shall, at its sole cost and expense, promptly and on an expedited basis (i) correct such Defective Work, whether by repair, replacement or otherwise, including any and all obligations in connection with such repair, replacement or otherwise, such as in and out costs and open and close costs, storage costs, labor, testing, Taxes, expediting costs, Texas Sales and Use Tax, transportation costs and any other costs necessary to fully correct the Work and (ii) any other physical loss or damage to any portions of the Train 3 Liquefaction Facility damaged or affected by such Defective Work (“Corrective Work”), provided, however, with respect to item (ii), Contractor’s liability shall be limited to [***] U.S. Dollars (U.S.$U.S. $[***]) per occurrence in accordance with Section 17.1F, with a cumulative per occurrence of [***] U.S. Dollars (U.S.$U.S. $[***]) under the Trains 1 and 2 Train 3 EPC Agreement and this Agreement. Any such notice from Owner shall state with reasonable specificity the date of occurrence or observation of the Defect and the reasons supporting Owner’s belief that Contractor is responsible for performing Corrective Work. After Substantial CompletionCompletion of the applicable Train, Owner shall provide Contractor with access on the Train 3 Liquefaction Facility and the Trains 1 and 2 Train 3 Liquefaction Facility and de-energize and de-pressurize the applicable Equipment sufficient to perform the Corrective Work, so long as such access does not interfere with the construction or operation of the Train 3 Liquefaction Facility or the Trains 1 and 2 Train 3 Liquefaction Facility and subject to Owner’s permit to work system. In the event Contractor utilizes spare parts owned by Owner in the course of performing the Corrective Work, Contractor shall supply Owner free of charge with new spare parts equivalent in quality and quantity to all such spare parts used by Contractor as soon as possible following the utilization of such spare parts.

Appears in 1 contract

Sources: Fixed Price Turnkey Agreement (NextDecade Corp.)