EPC Agreement Terms Modifications. The Parties agree that the below excerpts of Section 1.1 of the Phase 1 EPC Agreement are modified or added, as applicable, (blue text are additions and red text are deletions) as follows:
EPC Agreement Terms Modifications. The Parties agree that the value of any work or services performed under the Amended Technical Services Agreement prior to NTP of the Agreement shall be addressed outside of the EPC Agreement. Accordingly, the Parties agree that Section 21.1 of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “Entire Agreement. This Agreement, including the Attachments and Schedules attached to and incorporated into this Agreement, and together with the Chart Sublicense Agreement contain the entire understanding of the Parties with respect to the subject matter hereof and incorporates any and all prior agreements and commitments with respect thereto. There are no other oral understandings, terms or conditions, and neither Party has relied upon any representation, express or implied, not contained in this Agreement or the Chart Sublicense Agreement. General or special conditions included in any of Contractor’s price lists, Invoices, tickets, receipts or other such documents presented to Owner shall have no applicability to Owner with respect to this Agreement. To the extent that any work or services is performed under the Amended Technical Services Agreement after the Contract Date of this Agreement and Owner pays Contractor for such work or services under the Amended Technical Services Agreement, and to the extent such work or services is Work to be performed under this Agreement, Owner shall be entitled to a Change Order reducing the Contract Price for the value of such work or services, with the amount of such reduction to be agreed upon by Owner and Contractor. After issuance of NTP, this Agreement supersedes in its entirety the Amended Technical Services Agreement, and after the Contract Date of this Agreement, this Agreement and the Chart Sublicense Agreement supersede any other agreements between the Parties related to the Phase 1 Project with respect to the subject matter hereof.”
EPC Agreement Terms Modifications. The Parties agree to amend Section 21.5.A. of the Driftwood LNG Phase 4 EPC Agreement by changing the Owner’s Representative from [***] to [***]. Accordingly, the Parties agree that Section 21.5.A. of the Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “If delivered to Owner”. Driftwood LNG LLC 0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 Houston, Texas 77002 Email: [***] Attn: [***] with a copy to: Driftwood LNG LLC 0000 Xxxxxxxxx Xxxxxx, Xxxxx 0000 Houston, Texas 77002 Email: [***] Attn: [***] Adjustment to Contract Price The original Contract Price was USD 1,925,058,672 EUR 148,365,834 Net change by previously authorized Change Orders USD 0 EUR 0 The Contract Price prior to this Change Order was USD 1,925,058,672 EUR 148,365,834 The Contract Price will be (increased) (decreased) (unchanged) by this Change Order in the amount of USD 0 EUR 0 The new Contract Price including this Change Order will be USD 1,925,058,672 EUR 148,365,834 The Aggregate Provisional Sum prior to this Change Order was USD 127,877,840 EUR 0 The Aggregate Provisional Sum will be (increased) (decreased) (unchanged) by this Change Order in the amount of USD 0 EUR 0 The new Aggregate Provisional Sum including this Change Order will be USD 127,877,840 EUR 0 Adjustments to dates in Project Schedule: The following dates are modified: N/A Adjustment to other Changed Criteria: N/A Adjustment to Payment Schedule: N/A Adjustment to Provisional Sums: N/A Adjustment to Minimum Acceptance Criteria: N/A Adjustment to Performance Guarantees: N/A Adjustment to Design Basis: N/A Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A Select either A or B: [A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials: [***] Contractor [***] Owner [B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in...
EPC Agreement Terms Modifications. The Parties agree that the below excerpt of Section 2.2 (Marine Dredging Provisional Sum) of Attachment 31 of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: The Aggregate Provisional Sum contains a Provisional Sum of [***] U.S. Dollars (U.S.$[***]) for performance of the marine dredging, the transportation of the dredge material, and the placement of the dredge material in an offsite location (“Marine Dredging Provisional Sum”). This work is defined in the FEED documentation. The Marine Dredging Provisional Sum is based on an estimated 1,495,000 cubic yards of material to be dredged, transported, and placed. Dredging is to take place in the LNG berth area, materials offloading facility (MOF) area and pioneer dock areas. The Marine Dredging Provisional Sum includes materials from the dredge program that will either be placed in the beneficial use areas as provided by Owner (material from LNG berths) or placed on-shore for disposal by Contractor (MOF and pioneer dock areas). The Marine Dredging Provisional Sum includes contouring the berth slopes and all offshore work to excavate/contour the marine berths, and maintenance dredging on the operating marine basin to its design depth prior to handover of the marine facility if necessary. The Marine Dredge Provisional Sum also includes additional direct and indirect costs associated with the implementation, oversight, and tracking of the work contained within this provisional sum.
EPC Agreement Terms Modifications. The Parties agree that the below excerpt of Section 2.1 (Insurance Provisional Sum) of Attachment 31 of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “The Aggregate Provisional Sum contains a Provisional Sum of [***] U.S. Dollars (U.S.$ [***]) (“Insurance Provisional Sum”) for the cost of insurance premiums for the insurance required to be provided by Contractor in accordance with Attachment 15 (other than worker’s compensation, employer’s liability insurance and primary Commercial General Liability Insurance) (the “Project Insurances”). Such Insurance Provisional Sum shall be adjusted on an interim basis in accordance with Section 2.1(A) below. Subsequently, the Final Insurance Cost Adjustment outlined in Section 2.1(B) below will further adjust the Contract Price pursuant to a Change Order.”
EPC Agreement Terms Modifications. The Parties agree that Section 1.7 of Attachment 7 of the Phase 2 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows to the extent that it applies to the scope described in Xxxxxxx X Xxxxx 0 Xxxxx Xxxxx #X0-0000 [***]. “Contractor shall use those Subcontractors listed below for the specified items of Work. Any deviation from this list or requests to use other Subcontractors for the specified items of Work must be approved in writing in advance by Owner in accordance with Section 2.4 of the Agreement. [***].”
EPC Agreement Terms Modifications. The Parties agree that the below excerpt of Section 1.2 (HAZOP/LOPA Design Change Provisional Sum) of Attachment 31 of the Phase 2 EPC Agreement is deleted from the Agreement [***] (red text are additions and strikethrough text are deletions) as follows. “ The Aggregate Provisional Sum contains a Provisional Sum of [***] U.S. Dollars (U.S.$[***]) for changes to the Work in connection with execution of HAZOP/LOPA reviews (“HAZOP/LOPA Design Change Provisional Sum”). HAZOP/LOPA reviews typically result in additional costs to Contractor to design, implement, procure, deliver, install, supervise, inspect, preserve and turnover to Owner any additional Work outside of Contractor’s scope defined in the FEED documents. This provisional sum will also include any HAZOP/LOPA reviews for Subcontractor design documentation as applicable. Contractor will implement HAZOP/LOPA resolutions and notify Owner accordingly. If the actual amount of HAZOP/LOPA design changes implemented by Contractor is less than the HAZOP/LOPA Design Change Provisional Sum, Owner shall be entitled to a Change Order reducing the Contract Price by such difference and [***] ([***]%) of such difference. If the actual amount of HAZOP/LOPA design changes implemented by Contractor is greater than the HAZOP/LOPA Design Change Provisional Sum, Contractor shall be entitled to a Change Order increasing the Contract Price by such difference and [***] ([***]%) of such difference.”
EPC Agreement Terms Modifications. The Parties agree that Section 5.2 of Attachment 1 Schedule 1-1 of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows: “Sitework activities will suppress, but will not eliminate, all dust with water trucks. Contractor shall permanently place excess excavation spoils on Site in the Topsoil Placement Area, as shown in Attachment 25 as modified in Change Order number CO-006 to the Driftwood LNG Phase 1 EPC Agreement, and the lake on the Xxxxxx land. All excess excavation spoils that require offsite disposal will be transported by Contractor to licensed offsite disposal facilities as required. Contractor will notify Owner of proposed offsite licensed disposal facilities at least 14 days prior to transportation of the spoils to the disposal facility. Owner shall be responsible for providing any required notifications to regulatory authorities. Contractor assumes all excavation spoils will be composed of clean fill, in situ soils, or broken-up residual concrete.” The Parties agree that Section 5.18 of Attachment 1 Schedule 1-1 of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows. “Where grass is indicated on the design drawings, the grass will be an indigenous variety that will grow under the local conditions at Site. Where exclusion zones or ponds are specified, these areas will be left “as-is” and not improved. The lake on the Xxxxxx land and the Topsoil Placement Area, as shown in Attachment 25 as modified in Change Order number CO-006 to the Driftwood LNG Phase 1 EPC Agreement, will be filled with uncontaminated soils, and dredge materials/spoils, etc. as required during construction. All clearing material, grubbing material, stripping material, organics, etc. shall be mulched on Site to a suitable consistency before being used for such purposes. Otherwise no final grade or condition of either the lake or the Topsoil Placement Area is specified. No landscaping is included for the Site apart from the requirement that areas of raw earth are to be suitably revegetated as required. Security fencing will be used to secure access to the facility. Contractor’s Drawings and Specifications for placement of spoils in the Topsoil Placement Area shall be submitted for Owner approval in accordance with the Agreement. Any Defects with respect to Contractor’s Work with respect to the Topsoil Placement Area will be addressed in accordance with Article 12 ...
EPC Agreement Terms Modifications. The Parties agree that the value of any work or services performed under the Amended Technical Services Agreement prior to NTP of the Agreement shall be addressed outside of the EPC Agreement. Accordingly, the Parties agree that Section 21.1 of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows:
EPC Agreement Terms Modifications. The Parties agree that Section 1.7
