Common use of Unscheduled Activities Clause in Contracts

Unscheduled Activities. It is the Parties’ intent that except for the activities (if any) listed in Attachment X, the performance of the Work and Contractor’s other obligations under this Agreement will not interfere with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. During the performance of the Work, should a situation arise that Contractor reasonably believes has the potential of interfering with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, Contractor shall, except in an emergency endangering property or any Persons, give Owner written notice as soon as possible but no later than fourteen (14) Days prior to the time that Contractor plans to perform such Work, detailing a plan that is least disruptive, to the greatest extent reasonably possible, to operations of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or to the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. Emergency actions are governed by Section 3.11. Prior to performing such Work, Owner and Contractor shall mutually agree on a proposed plan for Contractor to execute such Work; provided that, if Owner fails to provide Contractor with access when and for the duration required by Contractor for the Work, other than for non-compliance with Section 3.25A(i)-(iii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Notwithstanding Owner’s agreement to the schedule and the plan for the performance of such Work, Owner may, in its sole discretion, subsequently prohibit the performance of such Work on such scheduled date, and Contractor shall work with Owner to develop a new plan and date for performing such Work in accordance with this Section 3.25C, and in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Unscheduled Activities. It is the Parties’ intent that that, except for the activities (if any) listed in Attachment X, the performance of the Work and Contractor’s other obligations under this Agreement will not interfere with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. During the performance of the Work, should a situation arise that Contractor reasonably believes has the potential of interfering with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause causes a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, Contractor shall, except in an emergency endangering property or any Persons, give Owner written notice as soon as possible but no later than fourteen (14) Days prior to the time that Contractor plans to perform such Work, detailing a plan that is least disruptive, to the greatest extent reasonably possible, to operations of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or to the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. Emergency actions are governed by Section 3.11. Prior to performing such Work, Owner and Contractor shall mutually agree on a proposed plan for Contractor to execute such Work; provided that, if Owner fails to provide Contractor with access when and for the duration required by Contractor for the Work, other than for non-compliance with Section 3.25A(i)-(iii3.25B(i)-(ii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Notwithstanding Owner’s agreement to the schedule and the plan for the performance of such Work, Owner may, in its sole discretion, subsequently prohibit the performance of such Work on such scheduled date, and Contractor shall work with Owner to develop a new plan and date for performing such Work in accordance with this Section 3.25C, and in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Unscheduled Activities. It is the Parties’ intent that except for the activities (if any) listed in Attachment X, the performance of the Work and Contractor’s other obligations under this Agreement will not interfere with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, or Subproject 3 or Subproject 4 after Substantial Completion substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, or Subproject 6 after substantial completion of Subproject 6 under the Stage 4 EPC Agreement, or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 4 EPC Agreement. During the performance of the Work, should a situation arise that Contractor reasonably believes has the potential of interfering with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, Subproject 3 or Subproject 3 4 after Substantial Completion substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, or Subproject 6 after substantial completion of Subproject 6 under the Stage 4 EPC Agreement, or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 4 EPC Agreement, Contractor shall, except in an emergency endangering property or any Persons, give Owner written notice as soon as possible but no later than fourteen (14) Days prior to the time that Contractor plans to perform such Work, detailing a plan that is least disruptive, to the greatest extent reasonably possible, to operations of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, or Subproject 3 or Subproject 4 after Substantial Completion substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, or Subproject 6 after substantial completion of Subproject 6 under the Stage 4 EPC Agreement, or to the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 4 EPC Agreement. Emergency actions are governed by Section 3.11. Prior to performing such Work, Owner and Contractor shall mutually agree on a proposed plan for Contractor to execute such Work; provided that, if Owner fails to provide Contractor with access when and for the duration required by Contractor for the Work, other than for non-compliance with Section 3.25A(i)-(iii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Notwithstanding Owner’s agreement to the schedule and the plan for the performance of such Work, Owner may, in its sole discretion, subsequently prohibit the performance of such Work on such scheduled date, and Contractor shall work with Owner to develop a new plan and date for performing such Work in accordance with this Section 3.25C, and in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Unscheduled Activities. It is the Parties’ intent that except for the activities (if any) listed in Attachment X, the performance of the Work and Contractor’s other obligations under this Agreement will not interfere with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. During the performance of the Work, should a situation arise that Contractor reasonably believes has the potential of interfering with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or cause causes a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, Contractor shall, except in an emergency endangering property or any Persons, give Owner written notice as soon as possible but no later than fourteen (14) Days prior to the time that Contractor plans to perform such Work, detailing a plan that is least disruptive, to the greatest extent reasonably possible, to operations of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or Subproject 3 after Substantial Completion of Subproject 3 or to the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. Emergency actions are governed by Section 3.11. Prior to performing such Work, Owner and Contractor shall mutually agree on a proposed plan for Contractor to execute such Work; provided that, if Owner fails to provide Contractor with access when and for the duration required by Contractor for the Work, other than for non-compliance with Section 3.25A(i)-(iii3.25B(i)-(iii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Notwithstanding Owner’s agreement to the schedule and the plan for the performance of such Work, Owner may, in its sole discretion, subsequently prohibit the performance of such Work on such scheduled date, and Contractor shall work with Owner to develop a new plan and date for performing such Work in accordance with this Section 3.25C, and in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Unscheduled Activities. It is the Parties’ intent that except for the activities (if any) listed in Attachment X, the performance of the Work and Contractor’s other obligations under this Agreement will not interfere with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, or Subproject 3 or Subproject 4 after substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, Subproject 5 after substantial completion of Subproject 5 under the Stage 3 EPC Agreement, or Subproject 6(a) or Subproject 6(b) after Substantial Completion of Subproject 3 6(a) or Subproject 6(b), or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 3 EPC Agreement. During the performance of the Work, should a situation arise that Contractor reasonably believes has the potential of interfering with the operation of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, Subproject 3 or Subproject 4 after substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, Subproject 5 after substantial completion of Subproject 5 under the Stage 3 EPC Agreement, or Subproject 6(a) or Subproject 6(b) after Substantial Completion of Subproject 3 6(a) or Subproject 6(b), or cause a delay in any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 3 EPC Agreement, Contractor shall, except in an emergency endangering property or any Persons, give Owner written notice as soon as possible but no later than fourteen (14) Days prior to the time that Contractor plans to perform such Work, detailing a plan that is least disruptive, to the greatest extent reasonably possible, to operations of the Existing Facility, Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement Agreement, or Subproject 3 or Subproject 4 after substantial completion of Subproject 3 or Subproject 4 (as applicable) under the Stage 2 EPC Agreement, Subproject 5 after substantial completion of Subproject 5 under the Stage 3 EPC Agreement, or Subproject 6(a) or Subproject 6(b) after Substantial Completion of Subproject 3 6(a) or Subproject 6(b), or to the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, the Stage 2 EPC Agreement or the Stage 3 EPC Agreement. Emergency actions are governed by Section 3.11. Prior to performing such Work, Owner and Contractor shall mutually agree on a proposed plan for Contractor to execute such Work; provided that, if Owner fails to provide Contractor with access when and for the duration required by Contractor for the Work, other than for non-compliance with Section 3.25A(i)-(iii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Notwithstanding Owner’s agreement to the schedule and the plan for the performance of such Work, Owner may, in its sole discretion, subsequently prohibit the performance of such Work on such scheduled date, and Contractor shall work with Owner to develop a new plan and date for performing such Work in accordance with this Section 3.25C, and in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.