EPC Agreement. From the Execution Date to the Closing Date and after the Closing Date until achievement of Final Completion pursuant to Section 5.14.2, Seller shall administer its rights and obligations under the EPC Agreement in accordance with Prudent Operating Practices, including with respect to safety and security of the Project Site. Purchaser acknowledges that the EPC Contractor intends to have portions of the Work accomplished by Subcontractors qualified to perform such Work pursuant to written Subcontracts between the EPC Contractor and such Subcontractors. Purchaser acknowledges and agrees that it will not be entitled to be provided with a copy of, nor will it have any right to review, comment on, or approve, any such Subcontracts; provided, however, that Purchaser shall have the right to approve all Major Subcontractors, Major Equipment Suppliers, and all Major Subcontractor and Equipment Warranties that do not meet the Minimum Equipment Warranty Requirements (each as defined in the EPC Agreement) pursuant to Section 5.6.3.
EPC Agreement. The Seller has provided Purchaser with a fully executed EPC Agreement in the form of Exhibit E.
EPC Agreement. NGP and BE shall enter into an EPC agreement wherein BE will be granted the exclusive right to be the EPC services provider for 47 MW of NGP solar PV projects as long as the following considerations are met:
EPC Agreement. It is the intention of Ball Industrial Services and SIBE to execute a prime contract with a Guaranteed Maximum Price ("GMAX") for EPC and Project & Construction Management services. The rights and obligations of the parties with respect to the Facility will be set forth in the GMAX agreement to be executed by the parties (the "GMAX Agreement"). The completion of the GMAX Agreement is subject to and contingent upon the parties reaching agreement on the terms and conditions thereof. After this interim agreement is executed by the Company and returned to Ball industrial Services together with the down payment, the parties will enter into good faith negotiations for the preparation of the GMAX Agreement. Either party may terminate such negotiations at any time and for any reason. If this interim agreement is terminated by SIBE, Ball Industrial Services will refund the down payment paid less expenses incurred and fee earned by Ball Industrial Services as a result of this interim agreement. If this interim agreement is terminated by Ball Industrial Services, Ball Industrial Services will refund the down payment paid by SIBE. Ball Industrial GMAX pricing shall include GMAX pricing for Ball Industrial Services and all subs and primes plus an agreed to project contingency. GMAX pricing will be established by the time the Project Design and Development documents are 80% complete.
EPC Agreement. PART-2 : Volume 1.1- EPC Agreement
EPC Agreement. Novel Construction and such Project Company shall have entered into an EPC Agreement for the Project owned by such Project Company.
EPC Agreement. It is the intention of Ball Industrial Services and SIBE to execute a prime contract for EPC services with a Guaranteed Maximum Price ("GMAX"). The rights and obligations of the parties with respect to the Facility will be set forth in the GMAX agreement to be executed by the parties (the "GMAX Agreement"). The completion of the GMAX Agreement is subject to and contingent upon the parties reaching agreement on the terms and conditions thereof. After this interim agreement is executed by the Company and returned to Ball industrial Services together with the down payment, the parties will enter into good faith negotiations for the preparation of the GMAX Agreement. Either party may terminate such negotiations at any time and for any reason. If this interim agreement is terminated by SIBE, Ball Industrial Services will refund the down payment paid less expenses incurred and fee earned by Ball Industrial Services as a result of this interim agreement. If this interim agreement is terminated by Ball Industrial Services, Ball Industrial Services will refund the down payment paid by SIBE. Ball Industrial GMAX pricing shall include GMAX pricing for Ball Industrial Services and all subs and primes plus an agreed to project contingency. GMAX pricing will be established by the time the Project Design and Development documents are 80% complete. Fees Project Fee: Ball Industrial Services proposes a 10% cost of work fee on all subcontracts under Ball Industrial Services EPC agreement. Ball Industrial Services proposes a 10% cost of work fee for prime contracts managed by Ball Industrial Services. Shared Savings: Ball Industrial Services proposes a 60/40 split on all savings generalized by the prime contractors below the GMAX price. 60% for SIBE and 40% Ball Industrial Services which will be shared pro rate with the prime subs. Schedule Bonus: Prior to the GMAX Agreement being finalized, Ball Industrial Services proposes developing a schedule incentive plan with SIBE. If the performance guarantee is achieved on or before the expiration of the eighteenth month, this incentive shall be shared pro rata with each key subcontractor to ensure performance. In the event the parties agree to such a schedule incentive plan, Ball Industrial Services will also agree to pay liquidated damages in an identical amount for each day after eighteen months that the project is not complete.
EPC Agreement. Contractor shall have delivered or, concurrently with Purchaser’s deliveries under Section 4.1, shall deliver to Purchaser two (2) original counterparts to the EPC Agreement, each property executed by an authorized representative of Contractor, along with the guaranty to be provided by Guarantor pursuant to the terms of the EPC Agreement.
EPC Agreement. An engineering, procurement and construction contract for the purpose of constructing the Company's initial reprocessing facility shall have been fully-executed by all the parties thereto (the "EPC Condition").
EPC Agreement. PART-2 : Volume 1.1- EPC Agreement PART I - PRELIMINARY ENGINEERING, PROCUREMENT AND CONSTRUCTION AGREEMENT THIS AGREEMENT is entered into on this the………………… day of , 2020 BETWEEN M/s Cochin Smart Mission Limited (CSML), incorporated as a company under the provisions of the Indian Companies Act, 2013 and having its registered office at Xx.00/000 X/XXXX Xxxxxxxx, Xxxxxxxxxx Xxxx, Pachalam P.O, Kochi – 682012 (hereinafter referred as “CSML or Employer”, which the term shall unless otherwise repugnant to the context shall mean and include all its successors and permitted assigns) represented by Chief Executive Officer, on the FIRST PART AND M/s. means the selected bidder incorporated under Indian Companies Act, having its registered office at , (hereinafter referred to as the "Contractor" which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the Other Part.
