Common use of Facility Construction Clause in Contracts

Facility Construction. IRRX acknowledges and agrees that the design, engineering, construction, operation, and repair of the Facility, including any required enhancements or additions thereto, to enable IRRX’s performance under this Agreement shall be at IRRX’s sole risk and cost. IRRX shall provide STUSCO with written notice of the anticipated date of Facility In-Service (the “Intended In-Service Date” which is anticipated to be in December 2026) at least one hundred and fifty (150) days prior to Intended In-Service Date, provided that, if such Intended In-Service Date is delayed for any reason, including but not limited to Force Majeure, IRRX shall provide STUSCO with prompt written notice of the delay, and the new Intended In-Service Date, if applicable. Any costs, expenses, and other liabilities incurred by STUSCO as a result of a delay in the declared Intended In-Service Date, except to the extent such delay is solely and exclusively caused by STUSCO’s material breach of the Agreement, shall be accounted for in the Arbitrage Adjustment. Notwithstanding the foregoing, in no event shall IRRX’s revised Intended In-Service Date result in an extension or modification of the In-Service Deadline, unless otherwise agreed in writing by the Parties. As soon as reasonably practicable, IRRX shall provide STUSCO with written notice of the actual In-Service Date. The In-Service Deadline will be extended (i) at STUSCO’s unilateral option or (ii) by any delay directly and exclusively caused by ▇▇▇▇▇▇’s actions.