Soils Preparation Provisional Sum Sample Clauses

Soils Preparation Provisional Sum. The Aggregate Provisional Sum contains a Provisional Sum of *** U.S. Dollars (U.S.$***) for performance of the soils preparation and rough grading Work (“Soils Preparation Provisional Sum”). This Work is defined in FEED Books, Volume 1, Section 2.4 Scope of Facilities, Section 6.0 Civil Site Work, Items 4, 5, & 16, FEED Books, Volume 16, Section 5.3 Civil Structural, Item 5.3.1 Site Preparation and Rough Grading Drawings, and FEED Books, Volume 6, Section 4.1.6 Site Plan Construction Facilities Stage 1 Laydown and Temporary Facilities. The Soils Preparation Provisional Sum is based on the following estimated quantities: 1,980,000 cubic yards for soil stabilization and 520,000 cubic yards for rough grading, including excavation, fill, grading, storm water drainage, geotextile fabric, fencing, rip rap, and Tank 6 West dike. If the actual cost incurred by Contractor for performance of the soils preparation and rough grading Work under this Agreement is less than the Soils Preparation Provisional Sum, Owner shall be entitled to a Change Order reducing the Contract Price by such difference and *** percent (***%) of such difference. If the actual cost incurred by Contractor to the soils for the performance of the soils preparation and rough grading Work under this Agreement is greater than the Soils Preparation Provisional Sum, Contractor shall be entitled to a Change Order increasing the Contract Price by such difference, plus *** percent (***%) of such difference. The Soils Preparation Provisional Sum, as of the Contract Date, is based on the Work description set forth in the Feed Documents referenced above and the quantities specified in this Section 2.1. In the event that the performance of the Work exceed such quantities or otherwise varies from the assumptions specified in this Section 2.1 and such variances adversely affect Contractor’s ability to perform the Work in accordance with the Project Schedule, Contractor shall be entitled to an extension to the applicable Target Substantial Completion Dates and Guaranteed Substantial Completion Dates in accordance with Section 6.9. Notwithstanding the foregoing, Owner may, at any time, instruct Contractor to undertake commercially and technically reasonable efforts to overcome such delay (through additional labor and Equipment crews, shifts, etc.).
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Soils Preparation Provisional Sum. The Aggregate Provisional Sum contains a Provisional Sum of *** U.S. Dollars (U.S. $***) for performance of the soils improvement, including clearing and grubbing (“Soils Preparation Provisional Sum”). This Work, including its respective assumptions and qualifications, is defined in (i) FEED Books, Volume 1, Section 2.4 Scope of Facilities, Section 6.0 Civil Site Work, Items 4, 8 and 11; (ii) FEED Books, Volume 20, Section 5.3 Civil Structural, Item 5.3.1 Site Preparation and Rough Grading Drawings; and (iii) FEED Books, Volume 10, Section 4.1.6 Site Plan Construction Facilities Stage 3 Laydown and Temporary Facilities; and (iv) 25936-100-G71-GAM-00001, “RECON Scope and Schedule” (collectively “Preliminary Soils Preparation Basis Documents”). The Soils Preparation Provisional Sum is based on the following estimated quantities: Activity Quantity UOM CLEARING AND GRUBBING Clearing & Grubbing (Including Disposal) 178 AC SOIL IMPROVEMENT WORK Soil Improvement to 3 ft. Depth Using a Mix Design with Lime 378,013 CY Soil Improvement to 5 ft. Depth Using a Mix Design with Lime 38,846 CY Soil Improvement to 6 ft. Depth Using a Mix Design with Lime 637,403 CY Soil Improvement to 7 ft. Depth Using a Mix Design with Lime 167,903 CY Soil Improvement to 8 ft. Depth Using a Mix Design with Lime 52,811 CY Soil Improvement to 9 ft. Depth Using a Mix Design with Lime 13,245 CY Soil Improvement to 10 ft. Depth Using a Mix Design with Lime 36,128 CY Soil Improvement to 11 ft. Depth Using a Mix Design with Lime 10,458 CY Soil Improvement to 12 ft. Depth Using a Mix Design with Lime 31,231 CY Soil Improvement to 13 ft. Depth Using a Mix Design with Lime 20,749 CY Soil Improvement to 16 ft. Depth Using a Mix Design with Lime 3,733 CY Soil Improvement to 18 ft. Depth Using a Mix Design with Lime 18,464 CY Soil Improvement to 23 ft. Depth Using a Mix Design with Lime 22,361 CY QC/QA Soil Improvement Test 7,085 EA
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Related to Soils Preparation Provisional Sum

  • Site Preparation Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

  • Financial Statements; Servicing Facilities In connection with marketing the Mortgage Loans or a proposed Reconstitution, the Owner shall make available to a prospective purchaser audited financial statements of the consolidated group that includes the Servicer for the most recently completed three fiscal years for which such statements are available, as well as a “Consolidated Statement of Condition” at the end of the last two fiscal years for which such statements are available covered by any “Consolidated Statement of Operations.” The Servicer also shall make available any comparable interim statements to the extent any such statements have been prepared by or on behalf of the corporate group that includes the Servicer (and are available upon request to the public at large). The Servicer shall furnish to the Owner or a prospective purchaser copies of the statements specified above. The Servicer shall make available to the Owner or any prospective purchaser a knowledgeable representative for the purpose of answering questions respecting recent developments affecting the Servicer or the financial statements of the corporate group that includes the Servicer, and to permit any prospective purchaser (upon reasonable notice) to inspect the Servicer’s servicing facilities (no more than 6 times per year unless mutually agreed to between the parties) for the purpose of satisfying such prospective purchaser that the Servicer has the ability to service the Mortgage Loans as provided in this Agreement provided that such access is necessary, reasonable, or appropriate with respect to the Owner or the purposes of this Agreement to the extent such access or information are readily accessible to the Servicer without undue expense.

  • Financial Statements; Servicing Facility In connection with marketing the Mortgage Loans, the Purchaser may make available to a prospective Purchaser a Consolidated Statement of Operations of the Company for the most recently completed two fiscal years for which such a statement is available, as well as a Consolidated Statement of Condition at the end of the last two fiscal years covered by such Consolidated Statement of Operations. The Company also shall make available any comparable interim statements to the extent any such statements have been prepared by or on behalf of the Company (and are available upon request to members or stockholders of the Company or to the public at large). The Company also shall make available to Purchaser or prospective Purchaser a knowledgeable financial or accounting officer for the purpose of answering questions respecting recent developments affecting the Company or the financial statements of the Company, and to permit any prospective Purchaser to inspect the Company's servicing facilities for the purpose of satisfying such prospective Purchaser that the Company has the ability to service the Mortgage Loans as provided in this Agreement.

  • Financial Statements; Borrowing Base and Other Information The Borrowers will furnish to the Administrative Agent and each Lender:

  • Preparation of Environmental Reports At the request of the Administrative Agent from time to time if the Administrative Agent reasonably suspects the presence of any Hazardous Materials on any property of the Borrower or its Subsidiaries, provide to the Administrative Agent within sixty (60) days after such request, at the expense of the Borrower, an environmental site assessment report for any Specified Real Estate described in such request, prepared by a nationally recognized environmental consulting firm (or other environmental consulting firm reasonably acceptable to the Administrative Agent), indicating the presence or absence of Hazardous Materials and the estimated cost of any compliance, removal or remedial action in connection with any Hazardous Materials on such properties; without limiting the generality of the foregoing, if the Administrative Agent determines at any time that a material risk exists that any such report will not be provided within the time referred to above, the Administrative Agent may retain an environmental consulting firm to prepare such report at the expense of the Borrower, and such Loan Party hereby grants and agrees to cause any Subsidiary that owns any property described in such request to grant at the time of such request to the Administrative Agent, such firm and any agents or representatives thereof an irrevocable non-exclusive license, subject to the rights of tenants, to enter onto their respective properties to undertake such an assessment.

  • Financial Statements, Reports, Certificates Deliver to Agent, with copies to each Lender (a) as soon as available, but in any event within 45 days after the end of each month during each of Borrower's fiscal years, a company prepared balance sheet and income statement, in each case, on a consolidated basis, covering Borrower's operations during such period; (b) as soon as available, but in any event within 45 days after the end of each quarter during Borrower's fiscal years, a company prepared balance sheet, income statement, and statement of cash flows, in each case on a consolidated basis, covering Borrower's operations during such period; and (c) as soon as available, but in any event within 90 days after the end of each of Borrower's fiscal years, financial statements of Borrower on a consolidated basis for each such fiscal year, audited by independent certified public accountants reasonably acceptable to Agent and certified, without any qualifications, by such accountants to have been prepared in accordance with GAAP, together with a certificate of such accountants addressed to Agent stating that such accountants do not have knowledge of the existence of any Default or Event of Default. Such audited financial statements shall include a balance sheet, profit and loss statement, and statement of cash flow and, if prepared, such accountants' letter to management. Together with the above, Borrower also shall deliver to Agent, with copies to each Lender, Borrower's Form 10-Q Quarterly Reports, Form 10-K Annual Reports, and Form 8-K Current Reports, and any other filings made by Borrower with the Securities and Exchange Commission, if any, as soon as the same are filed, or any other information that is provided by Borrower to its shareholders, and any other report reasonably requested by the Lender Group relating to the financial condition of Borrower. Each month, together with the financial statements provided pursuant to Section 6.3(a), Borrower shall deliver to Agent, with copies to each Lender a certificate signed by its chief financial officer to the effect that: (i) with respect to financial statements, all financial statements delivered or caused to be delivered to any one or more members of the Lender Group hereunder have been prepared in accordance with GAAP (except, in the case of unaudited financial statements, for the lack of footnotes and being subject to year-end audit adjustments, and in the case of monthly statements for months other than the last month of a fiscal quarter of Borrower, quarter-end adjustments, and provided, further, that, with respect to such monthly statements, such certificate may be qualified by the representation that such financial statements may not be fully in compliance with GAAP but are in the same form as is provided internally by Borrower to the senior management of Borrower) and fairly present the financial condition of Borrower, (ii) the representations and warranties of Borrower contained in this Agreement and the other Loan Documents are true and correct in all material respects on and as of the date of such certificate, as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date), (iii) Borrower is not in default with respect to any of its obligations to any Material Carrier under any Carrier Agreement, or, if Borrower is in such default, specifying the details 51 of each such default, (iv) for each month that also is the date on which a financial covenant in Section 7.20 or 7.21 is to be tested, a Compliance Certificate demonstrating in reasonable detail compliance at the end of such period with the applicable financial covenants contained in Section 7.20 or 7.21, and (v) on the date of delivery of such certificate to Agent there does not exist any condition or event that constitutes a Default or Event of Default (or, in the case of clauses (i), (ii), (iii), or (iv), to the extent of any non-compliance, describing such non-compliance as to which he or she may have knowledge and what action Borrower has taken, is taking, or proposes to take with respect thereto). Borrower shall issue, upon the request of Agent, written instructions to its independent certified public accountants authorizing them to communicate with Agent and to release to Agent such financial information concerning Borrower that Agent reasonably may request. Borrower hereby irrevocably authorizes all auditors, accountants, or other third parties to deliver to Agent, upon Agent's request, at Borrower's expense, copies of Borrower's financial statements, papers related thereto.

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