Delivery Dates. a) The table in Article 8.1 shall be deleted and replaced with the following: GTG unit 1 Not later than one (1) month after completion of the agreed Adjustments GTG unit 2 Not later than one (1) month after completion of the agreed Adjustments GTG unit 3 Not later than one (1) month after completion of the agreed Adjustments GTG unit 4 Not later than one (1) month after completion of the agreed Adjustments GTG unit 5 Not later than one (1) month after completion of the agreed Adjustments GTG unit 6 Not later than one (1) month after completion of the agreed Adjustments STG Not later than one (1) month after completion of the agreed Adjustments HRSG unit 1 Deemed delivered December 6th, 2023 HRSG unit 2 Deemed delivered December 6th, 2023 HRSG unit 3 Deemed delivered December 6th, 2023 HRSG unit 4 Deemed delivered December 6th, 2023 HRSG unit 5 Deemed delivered December 6th, 2023 HRSG unit 6 Deemed delivered December 6th, 2023 Restricted Siemens Energy is a trademark licensed by Siemens AG. 4 Deemed delivery of all HRSG units (units 1-6) has taken place December 6, 2023, whereupon risk and title to these HRSG units and related By Pass Stack units (collectively, the “Deemed Delivered Equipment”) have been transferred to the Customer and Siemens Energy has received payment in full for the Deemed Delivered Equipment by deduction of the full Contract price for the Deemed Delivered Equipment from the down payment and the progress payments received. b) The third paragraph in Article 8.1 shall remain unchanged and read as per Amendment no 4. c) Paragraph 8.2 shall be replaced in its entirety with the following paragraph: Save for any Deemed Delivered Equipment, and deviating from Clause 5.3 of Appendix 1, title to the Supplies shall transfer to the Customer upon delivery in accordance with the Agreed Incoterm and upon receipt by Siemens Energy of payment by the Customer in full for all outstanding payments of any nature due under the Contract from Customer to Siemens Energy. Siemens Energy shall in connection with each delivery under this Agreement and following receipt of payment in full for all amounts due under the Contract and, issue and deliver to the Customer a certificate, confirming that title to the Equipment is transferred to the Customer.
Appears in 1 contract
Sources: Contract (Fermi LLC)
Delivery Dates. (a) The table in Article 8.1 shall be deleted and replaced with the following: GTG unit 1 Not later than one (1) month after completion of the agreed Adjustments Jan 27th 2024 GTG unit 2 Not later than one (1) month after completion of the agreed Adjustments Jan 27th 2024 GTG unit 3 Not later than one (1) month after completion of the agreed Adjustments Feb 29th 2024 GTG unit 4 Not later than one (1) month after completion of the agreed Adjustments Feb 29th 2024 GTG unit 5 Not later than one (1) month after completion of the agreed Adjustments March 29th 2024 GTG unit 6 Not later than one (1) month after completion of the agreed Adjustments STG Not later than one (1) month after completion of the agreed Adjustments March 29th 2024 HRSG unit 1 Deemed delivered December 6th, November 30th 2023 HRSG unit 2 Deemed delivered December 6th, November 30th 2023 HRSG unit 3 Deemed delivered December 6th, November 30th 2023 HRSG unit 4 Deemed delivered December 6th, November 30th 2023 HRSG unit 5 Deemed delivered December 6th, November 30th 2023 HRSG unit 6 Deemed November 30th 2023 STG Jan 27th 2024
(b) The third paragraph in Article 8.1 shall be replaced with the following: “Customer is entitled to request a postponement in the Delivery Dates however, only for the GTG units and/or the STG, subject to Siemens Energy’s approval and against compensation for cost associated with storage, of up to a maximum of 60 calendar days following the Delivery Dates mentioned in table above, provided however that the Customer has provided that written request no later than 60 days prior to the originally planned Delivery Dates. Siemens Energy shall confirm such new Delivery dates without undue delay. If the Customer has not taken delivery of the HRSG units, or only taken partial delivery of the HRSG units, within the aforementioned last delivery date as per the table above or has not provided Siemens Energy with satisfactory detailed shipping information, including Customer’s designated point for taking delivery, such units, or part of units, the HRSG units shall be deemed delivered. In the event that the Customer has not paid the remaining contract price for the HRSG units as per Article 6.3 upon delivery or deemed delivery, the full Contract price for the HRSG shall be deducted from the Down payment and progress payments received. Any remaining amount from the payments received shall be allocated towards the remaining STG and GTG’s. Notwithstanding anything to the contrary in the Contract and its applicable amendments, upon delivery of each HRSG unit, that unit shall be deemed fully delivered December 6thand Provisional Acceptance shall be deemed to have occurred and Performance Warranties shall be deemed to have been achieved. For avoidance of doubt, 2023 transfer of title upon delivery as stated in Clause 8.2 of the Contract shall also apply to deemed delivery and the defects liability period shall start and end as per Clause 11.’’ Restricted Siemens Energy is a trademark licensed by Siemens AG. 4 Deemed delivery of all HRSG units (units 1-6) has taken place December 6, 2023, whereupon risk and title to these HRSG units and related By Pass Stack units (collectively, the “Deemed Delivered Equipment”) have been transferred to the Customer and Siemens Energy has received payment in full for the Deemed Delivered Equipment by deduction of the full Contract price for the Deemed Delivered Equipment from the down payment and the progress payments received.
b) The third paragraph in Article 8.1 shall remain unchanged and read as per Amendment no 4.
c) Paragraph 8.2 shall be replaced in its entirety with the following paragraph: Save for any Deemed Delivered Equipment, and deviating from Clause 5.3 of Appendix 1, title to the Supplies shall transfer to the Customer upon delivery in accordance with the Agreed Incoterm and upon receipt by Siemens Energy of payment by the Customer in full for all outstanding payments of any nature due under the Contract from Customer to Siemens Energy. Siemens Energy shall in connection with each delivery under this Agreement and following receipt of payment in full for all amounts due under the Contract and, issue and deliver to the Customer a certificate, confirming that title to the Equipment is transferred to the Customer.5
Appears in 1 contract
Sources: Contract (Fermi LLC)
Delivery Dates. a) The table in Article 8.1 shall be deleted and replaced with the following: Major Component Delivery Date GTG unit 1 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 GTG unit 2 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 GTG unit 3 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 GTG unit 4 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 GTG unit 5 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 GTG unit 6 Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 STG Not No later than one (1) month after completion of the agreed Adjustments October 31st 2025 HRSG unit 1 Deemed delivered December 6th, 6th 2023 HRSG unit 2 Deemed delivered December 6th, 6th 2023 HRSG unit 3 Deemed delivered December 6th, 6th 2023 HRSG unit 4 Deemed delivered December 6th, 6th 2023 HRSG unit 5 Deemed delivered December 6th, 6th 2023 HRSG unit 6 Deemed delivered December 6th, 6th 2023 Restricted Siemens Energy is a trademark licensed by Siemens AG. 4 Deemed delivery of all HRSG units (units 1-6) has taken place December 6, 2023, whereupon risk and title to these HRSG units and related By Pass Stack units (collectively, the “Deemed Delivered Equipment”) have has been transferred to the Customer and Siemens Energy has received payment in full for the Deemed Delivered Equipment these HRSG units by deduction of the full Contract price for the Deemed Delivered Equipment HRSG units from the down payment and the progress payments received.. Restricted Siemens Energy is a trademark licensed by Siemens AG. 5
b) The third paragraph in Article 8.1 shall remain unchanged and read as per Amendment no 4.
c) Paragraph 8.2 A new paragraph shall be replaced inserted under Article 8.1 that shall read as follows: The Customer shall notify Siemens Energy in its entirety with the following paragraph: Save for any Deemed Delivered Equipment, and deviating from Clause 5.3 of Appendix 1, title writing no later than 150 days prior to the Supplies shall transfer to date when the Customer upon delivery would like to pick up the respective Gas Turbine Power Generation Unit units and the Steam Turbine Power generation Unit, which shall under no circumstances be beyond the Delivery Dates set forth in accordance with the Agreed Incoterm Article 8.1 and upon receipt by provide Siemens Energy of payment by the Customer in full for all outstanding payments of any nature due under the Contract from Customer to Siemens Energy. Siemens Energy shall in connection with each delivery under this Agreement and following receipt of payment in full for all amounts due under the Contract and, issue and deliver to the Customer a certificate, confirming that title to the Equipment is transferred to the Customerdetailed shipping information.
Appears in 1 contract
Sources: Contract (Fermi LLC)
Delivery Dates. a) The table in Article 8.1 shall be deleted and replaced with the following: GTG unit 1 Not later than one (1) month after completion of the agreed Adjustments GTG unit 2 Not later than one (1) month after completion of the agreed Adjustments GTG unit 3 Not later than one (1) month after completion of the agreed Adjustments GTG unit 4 Not later than one (1) month after completion of the agreed Adjustments GTG unit 5 Not later than one (1) month after completion of the agreed Adjustments GTG unit 6 Not later than one (1) month after completion of the agreed Adjustments STG Not later than one (1) month after completion of the agreed Adjustments HRSG unit 1 Deemed delivered December 6th, November 30th 2023 HRSG unit 2 Deemed delivered December 6th, November 30th 2023 HRSG unit 3 Deemed delivered December 6th, November 30th 2023 HRSG unit 4 Deemed delivered December 6th, 2023 HRSG unit 5 Deemed delivered December 6th, 2023 HRSG unit 6 Deemed delivered December 6th, November 30th 2023 Restricted Siemens Energy is a trademark licensed by Siemens AG. 4 Deemed delivery of all HRSG units (units 1-6) has taken place December 6, 2023, whereupon risk and title to these HRSG units and related By Pass Stack units (collectively, the “Deemed Delivered Equipment”) have been transferred to the Customer and Siemens Energy has received payment in full for the Deemed Delivered Equipment by deduction of the full Contract price for the Deemed Delivered Equipment from the down payment and the progress payments received.3
b) The third paragraph in Article 8.1 shall remain unchanged and read as per Amendment no 4.
c) Paragraph 8.2 shall be replaced in its entirety with the following paragraphfollowing: Save “Customer is entitled to request a postponement in the Delivery Dates however, only for any Deemed Delivered Equipmentthe GTG units and/or the STG, and deviating from Clause 5.3 of Appendix 1, title to the Supplies shall transfer to the Customer upon delivery in accordance with the Agreed Incoterm and upon receipt by Siemens Energy of payment by the Customer in full for all outstanding payments of any nature due under the Contract from Customer subject to Siemens Energy’s approval and against compensation for cost associated with storage, of up to a maximum of 60 calendar days following the Delivery Dates mentioned in table above, provided however that the Customer has provided that written request no later than 60 days prior to the originally planned Delivery Dates. Siemens Energy shall confirm such new Delivery dates without undue delay. If the Customer has not taken delivery of the HRSG units, or only taken partial delivery of the HRSG units, within the aforementioned last delivery date as per the table above or has not provided Siemens Energy with satisfactory detailed shipping information, including Customer’s designated point for taking delivery, such units, or part of units, the HRSG units shall be deemed delivered. In the event that the Customer has not paid the remaining contract price for the HRSG units as per Article 6.3 upon delivery or deemed delivery, the full Contract price for the HRSG shall be deducted from the Down payment and progress payments received. Any remaining amount from the payments received shall be allocated towards the remaining STG and GTG’s. Notwithstanding anything to the contrary in connection with each delivery under this Agreement and following receipt of payment in full for all amounts due under the Contract andand its applicable amendments, issue upon delivery of each HRSG unit, that unit shall be deemed fully delivered and deliver Provisional Acceptance shall be deemed to have occurred and Performance Warranties shall be deemed to have been achieved, For avoidance of doubt, transfer of title upon delivery as stated in Clause 8.2 of the Customer a certificate, confirming that title Contract shall also apply to deemed delivery and the Equipment is transferred to the Customerdefects liability period shall start and end as per Clause 11.”
Appears in 1 contract
Sources: Contract (Fermi LLC)
Delivery Dates. a) The table in Article 8.1 shall be deleted and replaced with the following: GTG unit 1 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 GTG unit 2 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 GTG unit 3 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 GTG unit 4 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 GTG unit 5 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 GTG unit 6 Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 STG Not No later than one (1) month after completion of the agreed Adjustments January 31st 2025 HRSG unit 1 Deemed delivered December 6th, November 30th 2023 HRSG unit 2 Deemed delivered December 6th, November 30th 2023 HRSG unit 3 Deemed delivered December 6th, November 30th 2023 HRSG unit 4 Deemed delivered December 6th, November 30th 2023 HRSG unit 5 Deemed delivered December 6th, November 30th 2023 HRSG unit 6 Deemed delivered December 6th, November 30th 2023 Restricted Siemens Energy is a trademark licensed by Siemens AG. 4 5 Deemed delivery of all HRSG units (units 1-6) has taken place December 6, 2023, whereupon risk and title to these HRSG units and related By Pass Stack units (collectively, the “Deemed Delivered Equipment”) have has been transferred to the Customer and Siemens Energy has received payment in full for the Deemed Delivered Equipment these HRSG units by deduction of the full Contract price for the Deemed Delivered Equipment HRSG units from the down payment and the progress payments received.
b) The third paragraph in Article 8.1 shall remain unchanged and read as per Amendment no 4.
c) Paragraph 8.2 A new paragraph shall be replaced inserted under Article 8.1 that shall read as follows: The Customer shall notify Siemens Energy in its entirety with the following paragraph: Save for any Deemed Delivered Equipment, and deviating from Clause 5.3 of Appendix 1, title writing no later than 90 days prior to the Supplies shall transfer to date when the Customer upon delivery would like to pick up the respective GTG units and the ST, which shall under no circumstances be beyond the Delivery Dates set forth in accordance with the Agreed Incoterm Article 8.1 and upon receipt by provide Siemens Energy of payment by the Customer in full for all outstanding payments of any nature due under the Contract from Customer to Siemens Energy. Siemens Energy shall in connection with each delivery under this Agreement and following receipt of payment in full for all amounts due under the Contract and, issue and deliver to the Customer a certificate, confirming that title to the Equipment is transferred to the Customerdetailed shipping information.
Appears in 1 contract
Sources: Contract (Fermi LLC)