Common use of Guaranteed Completion Dates Clause in Contracts

Guaranteed Completion Dates. Provided the Notice to Proceed is executed and received by Contractor on or before September 1, 2006 (but no earlier than the date that is sixty (60) days after the Limited Notice to Proceed is executed and received by Contractor), Contractor guarantees that (i) Provisional Acceptance will be achieved on or before the Guaranteed Provisional Acceptance Date, and (ii) Substantial Completion will be achieved on or before the Guaranteed Substantial Completion Date, (iii) Project Completion will be achieved on or before the Guaranteed Project Completion Date. In the event Notice to Proceed is received after September 1, 2006, but on or before November 1, 2006, the Guaranteed Completion Date and Contract Price shall be equitably adjusted in accordance with Section 12. In the event that Notice to Proceed is not issued on or before November 1, 2006, then Contractor may terminate this Agreement and Client shall pay Contractor such amount as is provided by the terms of Section 4.4.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (BioFuel Energy Corp.)

Guaranteed Completion Dates. Provided the Notice to Proceed is executed and received by Contractor on or before September after July 1, 2006 (but no earlier than the date that is sixty (60) days after the Limited Notice to Proceed is executed and received by Contractor)on or before July 31, 2006, Contractor guarantees that (i) Provisional Acceptance will be achieved on or before the Guaranteed Provisional Acceptance Date, and (ii) Substantial Completion will be achieved on or before the Guaranteed Substantial Completion Date, (iii) Project Completion will be achieved on or before the Guaranteed Project Completion Date. In the event Notice to Proceed is received after September 1July 31, 2006, but on or before November 1August 31, 2006, the Guaranteed Completion Date and Contract Price shall be equitably adjusted in accordance with Section 12. In the event that Notice to Proceed is not issued on or before November 1August 31, 2006, then Contractor may terminate this Agreement and Client shall pay Contractor such amount as is provided by the terms of Section 4.4.

Appears in 1 contract

Sources: Engineering, Procurement and Construction Agreement (BioFuel Energy Corp.)