EPC Contractor. Seller shall provide SCE with Notice of the name and address of Seller’s EPC Contractor on the later of the Effective Date or the fifth (5th) Business Day after Xxxxxx enters into a contract with an EPC Contractor.
EPC Contractor. The Seller shall deliver to AEDB a certificate of a duly authorized officer of the Seller setting out the name and nationality of the EPC Contractor and the country of manufacture of major pieces of equipment not later than fifteen (15) Business Days prior to execution of the EPC Contract, provided, if the Seller has executed the EPC Contract before the date of execution of this Agreement, the Seller shall furnish to AEDB the certificate aforesaid within fifteen (15) Business Days following the date of execution of this Agreement. AEDB shall then have the right, but not the obligation, to review the certificate, and it may without liability to the Seller notify the Seller that it objects to the EPC Contractor or the country of manufacture of major pieces of equipment in writing because, in its reasonable discretion (keeping national security considerations in due perspective), the appointment of the proposed EPC Contractor or the country of manufacture of major pieces of equipment would be adverse to the national security interests of Pakistan; provided, however, that, by not objecting to the EPC Contractor or any country of manufacture of major pieces of equipment, it shall not be construed as in any way of having relieved the Seller of its obligations under this Agreement or the Energy Purchase Agreement or any other Project Agreements. If the AEDB does not object to the certificate on or before the end of fifteen (15) Business Days following the delivery to AEDB of the aforesaid certificate AEDB shall be deemed not to object to the EPC Contractor or any country of manufacture of major pieces of equipment, and the EPC Contractor and the country of manufacture of major pieces of equipment shall be deemed to have been approved. Upon such deemed approval the Seller shall be relieved of any obligation under this Agreement and all other relevant Project Agreements to obtain any further approval of AEDB only to the extent of the EPC Contractor or the country of manufacture of major pieces of equipment. Thereafter, the Seller shall provide the AEDB with a certificate of a duly authorized officer of the Seller setting out details of (i) a change in the EPC Contractor, or (ii) a change in the country of manufacture of a major piece of equipment, (a “Proposed Material Amendment”), no later than fifteen (15) Business Days prior to execution of an amendment to the EPC Contract, setting forth the proposed changes. The AEDB shall then have the right, but not the oblig...
EPC Contractor. The Parties intend that Distributor will be the EPC Contractor for any Project for which it has exercised the ROFR. However, if Company provides its prior written consent regarding the third party chosen to serve as the EPC Contractor for such Project (a Project for which Distributor is not the EPC Contractor, a “Non-EPC Project”) and the terms of such relationship, then Distributor may nonetheless exercise the ROFR for such Project and the Parties may execute a Purchase Order for such Project. All activities of any EPC Contractor (including without limitation Distributor) shall be subject to the intellectual property provisions set forth in Section 3(a), and Company (and not Distributor or any third party) shall perform all activities which require opening a Bloom Energy Server, including without limitation in connection with the commissioning of each Project. For the avoidance of doubt, EPC Contractor pricing shall be taken into consideration by Distributor when Distributor determines whether to exercise a ROFR, and the pricing set forth in Section 5 shall not be subject to change arising out of costs and expenses related to the EPC Contractor of a Project.
EPC Contractor. (i) None of the EPC Contractor, Chicago Bridge & Iron Company N.V., Toshiba Corporation, The Xxxx Group, Inc. or any of their respective ultimate parent companies, or the successors or assigns of any such Person, is identified as a Prohibited Person on the lists set forth in clauses (i) and (ii) of the definition of Prohibited Person.
EPC Contractor. 2 Equipment......................................................................................................2
EPC Contractor. The Parties intend that Distributor will be the EPC Contractor for any Project for which it has exercised the ROFR. However, if Company provides its prior written consent regarding the third party chosen to serve as the EPC Contractor for such Project (a Project for which Distributor is not the EPC Contractor, a “Non-EPC Project”) and the terms of such relationship, then Distributor may nonetheless exercise the ROFR for such Project and the Parties may execute a Purchase Order for such Project. All activities of any EPC Contractor (including without limitation Distributor) shall be subject to the intellectual property provisions set forth in Section 3(a), and Company (and not Distributor or any third party) shall perform all activities which 9
EPC Contractor. “EPC Contractor” has the meaning set forth in Section 5.5.3.
EPC Contractor. Provided that SPI continues to own its Membership Interests in the Company, in the event that the Managers elect to build-out the Projects prior to sale, then Company shall contract with SPI to serve as the engineering, procurement and construction contractor (“EPC Contractor”), provided that such contract, on an overall basis, is fair and reasonable to the Company and is at least as favorable to the Company as similar contracts that are generally available from Persons capable of similarly performing such contracts. As EPC Contractor, SPI shall be the general contractor responsible for the build-out, commissioning and interconnection of the Projects.
EPC Contractor. Distributor may serve as EPC Contractor for any Project. Distributor shall obtain Company’s prior written consent regarding any third party chosen to serve as the EPC Contractor for a Project and the terms of such relationship. If such consent is granted, then the Parties may execute a Purchase Order for such Project. All activities of any EPC Contractor (including without limitation Distributor) shall be subject to the intellectual property provisions set forth in Section 3(a), and Company (and not Distributor or any third party) shall perform all activities which require opening a Bloom Energy Server, including without limitation in connection with the commissioning of each Project. For the avoidance of doubt, EPC Contractor pricing shall be taken into consideration by Distributor when Distributor determines whether to exercise a ROFR, and the pricing set forth in Section 5 shall not be subject to change arising out of costs and expenses related to the EPC Contractor of a Project.
EPC Contractor. (a) The Corporation shall promptly deliver to the Investor a written notice ("EPC Appointment Notice") containing all material information and requirements relating to the appointment of an EPC Contractor for the San Xxxxxx Development Plan (as defined below) on such date as may be determined by the Corporation to appoint an EPC Contractor and provided such date:
