EPC Contract. On or before the Construction Start Date, a copy of the contractual documents covering the engineering, procurement and construction, including all schedules thereto, and complete plans and specifications for the construction of the Facility: provided, that the Company shall be permitted to delete from the Construction Contract delivered to BPDB all specific references to prices payable by the Company thereunder. The confidentiality provisions contained in this Agreement shall apply to BPDB with respect to the Construction Contract.
EPC Contract. In the event the Facility is undertaken pursuant to Section 3.01(a), the City shall use its best efforts to enter into an EPC Contract.
EPC Contract. The EPC Contract shall be in full force and effect.
EPC Contract. The City shall use its best efforts to enter into an EPC Contract. The City and the Authority may determine that the Authority should assist and support the City in the preparation, selection, negotiation, and execution of the EPC Contract.
EPC Contract each of the Phase 1 EPC Contract, Phase 2 EPC Contract, Phase 3 EPC Contract and Phase 4 EPC Contract; ETA: with respect to an LNG Tanker, the estimated time of arrival of such LNG Tanker at the PBS;
EPC Contract. Lxxxxx acknowledges that Lxxxxx has executed that certain EPC Contract as of the date hereof. Lessor shall promptly undertake and diligently pursue its rights and obligations under the EPC Contract in its commercially reasonable discretion; provided, that if Full Facility Completion has not occurred prior to the Outside Date, then Lessor may terminate this Lease Agreement, without prejudice to the other remedies hereunder, by giving to Lessee written notice of Lessor’s election to do so, in which event the Lease Term shall end, and all right, title and interest of Lessee hereunder shall expire on the date stated in such notice; provided, further, that if Lessor terminates the EPC Contract for convenience in accordance with the terms thereof, then either Party may terminate this Lease Agreement, without prejudice to the other remedies hereunder, by giving to the other Party written notice of such Party’s election to do so, in which event the Lease Term shall end, and all right, title and interest of the Parties hereunder shall expire on the date stated in such notice; and provided, further, that if the EPC Contract is terminated due to a Lessor default thereunder, then Lessee may terminate this Lease Agreement, without prejudice to the other remedies hereunder, by giving to Lessor written notice of Lxxxxx’s election to do so, in which event the Lease Term shall end, and all right, title and interest of the Parties hereunder shall expire on the date stated in such notice.
EPC Contract the engineering, procurement and construction contract to be entered into by the Buyer for the construction of the Plant; provided, that such engineering, procurement and construction contract may, at the Buyer’s sole discretion, be more than one contract and all such contracts shall, at the Buyer’s sole discretion, be deemed to constitute the same EPC Contract.
EPC Contract. Subject to the provisions of Section 7.1 hereunder, Construction Lender shall not, without the prior written consent of Cash Grant Bridge Lender (such consent not to be unreasonably withheld, delayed or conditioned), (i) cancel or terminate the EPC Contract except as provided in the EPC Contract, or consent to or accept any cancellation, termination or suspension thereof by Borrower, (ii) except as provided in the EPC Contract, suspend performance of its obligations thereunder, or (iii) except as provided in the EPC Contract, sell, assign or otherwise dispose (by operation of law or otherwise) of any part of its interest in the EPC Contract.
EPC Contract. Any “Owner Event of Default” as defined in the EPC Contract shall have occurred and be continuing.
EPC Contract. Buyer shall, and Seller shall cause the EPC Contractor to, use good faith efforts to negotiate the EPC Contract on or before July 14, 2011. Such EPC Contract shall have terms and conditions consistent with the terms and conditions set forth in the binding EPC Term Sheet attached as Exhibit C and shall provide that the aggregate fixed lump sum price, exclusive of the Rentech Scope Amounts, shall not be greater than the EPC Not to Exceed Price. Notwithstanding anything contained in this Agreement to the contrary, if Buyer and the EPC Contractor are unable to reach agreement with respect to the EPC Contract by the specified date, Buyer shall have the right, but not the obligation, to enter into good faith negotiations with an independent third-party contractor with respect an engineering, procurement and construction contract for the design and construction of the Project.
