Turnkey Project. The Parties agree that this Agreement is a turnkey contract and Supplier’s obligation is to provide System Owner with a fully operational System meeting the Specifications (as defined below) for the Contract Price and completed in accordance with the terms of this Agreement. System Owner is relying upon the expertise of Supplier to furnish a completed System in accordance with the terms of this Agreement, and Supplier acknowledges System Owner’s reliance thereupon.
Turnkey Project. Contractor represents and warrants that it has reasonably determined that the Project can be built within the Site boundaries, and that the Site is large enough to permit Contractor to satisfy each [__________] Guarantee within such Site boundaries, as contemplated herein. Contractor acknowledges that this Agreement constitutes a fixed price obligation to engineer, design, procure, construct, test, and start-up a turnkey project (including the training of the Operating Personnel), complete in every detail, within the time and for the purpose designated herein. References to the obligations of Contractor under this Agreement as being “turnkey” and performing the Work on a “turnkey basis” means that Contractor is obligated to supply all of the Equipment, labor and design services and to supply and perform all of the Work, in each case as may reasonably be required, necessary, incidental, or appropriate to complete the Work such that the [_______] Tests are Successfully Run and demonstrate that the [__________] Guarantees are met and the Project otherwise satisfies the applicable terms, conditions and other requirements set forth in this Agreement, all for the Contract Price. Where the scope of the Work is ambiguous and is not specifically set forth in this Agreement, references to performance of the Work on a “turnkey basis” means that Contractor shall complete the Work in accordance with Industry Standards. Contractor further acknowledges that it may have miscalculated its and its Suppliers’ costs to perform the Work, and that the performance of the Work in accordance with this Agreement may result in Contractor (or its Suppliers) expending more resources than it or they estimated or budgeted or otherwise intend to expend. Similarly, Owner acknowledges that Contractor may have been conservative in its assumptions regarding the overall cost of the Work, and that the actual cost to Contractor to perform the Work may in fact be significantly less than the Contract Price. The fact that either Party may have so miscalculated the costs to perform the Work hereunder, or that either Party expended extra resources that it did not intend to spend as a result of such miscalculation, shall not form the basis for any Claim of relief hereunder, whether such Claim arises in contract or tort.]
Turnkey Project. Contractor acknowledges that this Contract constitutes a fixed price obligation to engineer, design in accordance with the requirements of this Contract, procure, construct, test and commission through Substantial Completion a turnkey Power Plant, complete in every detail, within the time and for the purpose designated herein. References to the obligations of Contractor under this Contract as being “turnkey” and performing the Work on a “turnkey basis” means that Contractor is obligated to supply all of the Equipment and Materials, labor and design services and to supply and perform all of the Work, in each case as may reasonably be required, necessary, incidental, or appropriate (whether or not specifically set forth in this Contract) to complete the Work such that the Power Plant satisfies the applicable terms, conditions, Performance Guarantees and other guarantees and requirements set forth in this Contract and Exhibit “I”, all for the Contract Price.
Turnkey Project. Contractor acknowledges that this Contract constitutes a fixed price obligation to engineer, design, procure, construct, test and start up through Final Completion a turnkey project as defined in Section 4.1 of this Contract.
