Common use of Notice to Proceed; Commencement Clause in Contracts

Notice to Proceed; Commencement. Design-Builder shall commence the Work within five (5) Days of Design-Builder’s receipt of Owner’s written notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a Notice to Proceed cannot be given until: *****. Provided that Owner has fulfilled all of the requirements listed in (1) through (7) above to Design-Builder’s satisfaction, Design-Builder shall accept Notice to Proceed no later than [DATE]. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180) Days of the Effective Date; otherwise, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to terminate this Agreement pursuant to its right under the immediately preceding sentence, then Design-Builder shall have no further obligations hereunder.

Notice to Proceed; Commencement. Design-Builder The Work shall commence the Work within five (5) Days of Design-Builder’s receipt of Owner’s written valid notice to proceed (“Notice to Proceed”) unless the Parties mutually agree otherwise in writing. The Parties agree that a valid Owner’s Notice to Proceed cannot be given until: [*****. Provided that Owner has fulfilled all of the requirements listed in (1) through (7) above to Design-Builder’s satisfaction, Design-Builder shall accept Notice to Proceed no later than [DATE]. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set * Certain confidential information on this page has been omitted and filed separately with the Securities and Exchange Commission. forth in the Contract Documents. Design-Builder must receive a valid Owner’s Notice to Proceed within one hundred and eighty (180) Days of the Effective Date; otherwise, the Contract Price referred to in Section 9.1 is subject to a price increase. If Owner fails to deliver a valid Notice to Proceed on or before the date one hundred and eighty (180) Days after the Effective Date, this Agreement may be terminated, at Design-Builder’s sole option. If Design-Builder chooses to shall terminate this Agreement pursuant to its right under the immediately preceding sentence, then and Design-Builder shall have no further obligations hereunder.