Common use of Notwithstanding Section 5 Clause in Contracts

Notwithstanding Section 5. 1.3.1 above, (i) if Department determines that the NTP will not be issued on or before the date that is six (6) months following the NTP Delay Date (such date, the “Extended NTP Delay Date”), provided that Department may not make such determination more than ninety (90) days in advance of the Extended NTP Delay Date, or (ii) if the NTP is not issued by Department on or before the Extended NTP Delay Date, the Contract Price, the Substantial Completion Deadline, and the Final Completion Deadline shall be subject to good faith renegotiation, in accordance with the following protocol:

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

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Notwithstanding Section 5. 1.3.1 above, (i) if Department determines that the NTP will not be issued on or before the date that is six one hundred eighty (6180) months days following the NTP Delay Date (such date, the “Extended NTP Delay Date”), provided that Department may not make such determination more than ninety (90) days in advance of the Extended NTP Delay Date, or (ii) if the NTP is not issued by Department on or before the Extended NTP Delay Date, the Contract Price, the Substantial Completion Deadline, and the Final Completion Deadline shall be subject to good faith renegotiation, in accordance with the following protocol:

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

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