Common use of Scheduled Activities Clause in Contracts

Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may interfere with the operation of Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified in Attachment X or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, and (iii) at a minimum, address each of the activities identified in Attachment X and list (a) the component of the Stage 1 Liquefaction Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement that will be impacted by such activity, (b) how such component or work will be impacted, and (c) the duration of such impact. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations of Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 3.25B(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.

Appears in 4 contracts

Samples: Procurement and Construction Agreement (Cheniere Corpus Christi Holdings, LLC), Procurement and Construction Agreement (Cheniere Energy Inc), Procurement and Construction Agreement (Corpus Christi Pipeline GP, LLC)

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Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may 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 that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified in Attachment X or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference 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 and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, and (iii) at a minimum, address each of the activities identified in Attachment X and list (a) the component of the Existing Facility, the Stage 1 Liquefaction Facility or Subproject 3 or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement that will be impacted by such activity, (b) how such component or work will be impacted, and (c) and the duration of such impact. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the 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 the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii3.25A(i)-(iii), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 3.25B(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 6.93.

Appears in 4 contracts

Samples: Escrow Agreement, Escrow Agreement (Sabine Pass Liquefaction, LLC), Escrow Agreement (Cheniere Energy Partners LP Holdings, LLC)

Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may interfere with the operation of the Existing Facility or Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified in Attachment X or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of the Existing Facility or Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement1. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, and (iii) at a minimum, address each of the activities identified in Attachment X and list (a) the component of the Stage 1 Liquefaction Existing Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage Subproject 1 EPC Agreement that will be impacted by such activity, (b) how such component or work will be impacted, and (c) and the duration of such impact. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations of the Existing Facility or Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement1, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii3.25A(i)-(iii), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 3.25B(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 6.93.

Appears in 4 contracts

Samples: Escrow Agreement (Sabine Pass Liquefaction, LLC), Escrow Agreement (Cheniere Energy Partners LP Holdings, LLC), Escrow Agreement (Cheniere Energy Partners LP Holdings, LLC)

Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may interfere with the operation of Subproject 1 or Subproject 2 any other Project after substantial completion of Subproject 1 or Subproject 2 (as applicable) thereof under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 relevant EPC Agreement (whether specified in Attachment X 24 or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of Subproject 1 or Subproject 2 such other Project after substantial completion of Subproject 1 or Subproject 2 (as applicable) thereof under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 relevant EPC Agreement. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, (iii) be structured so as to reasonably minimize the total number of shut-downs of such other Project and the duration and impact of any other interference with the operation of such other Project, and (iiiiv) at a minimum, address each of the activities identified in Attachment X 24 and list (a) the component any components of the Stage 1 Liquefaction Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement such other Project that will be impacted by such activity, (b) how such component components or work will be impacted, and (c) the duration of such impactimpacts. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations operation of Subproject 1 or Subproject 2 such other Project after substantial completion of Subproject 1 or Subproject 2 (as applicable) thereof under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 relevant EPC Agreement, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii3.25B(i)-(iv), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii3.25B(i)-(iv). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case case, Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 the plan developed in this Section 3.25B(i)-(iii)3.25B, Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Appears in 3 contracts

Samples: Procurement and Construction Agreement (Tellurian Inc. /De/), Procurement and Construction Agreement (Tellurian Inc. /De/), Escrow Agreement (Tellurian Inc. /De/)

Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may interfere with the operation of Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified in Attachment X or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement1. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, and (iii) at a minimum, address each of the activities identified in Attachment X and list (a) the component of the Stage Subproject 1 Liquefaction Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement that will be impacted by such activity, (b) how such component or work will be impacted, and (c) the duration of such impact. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations of Subproject 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement1, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 3.25B(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.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy Inc)

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Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may has the potential to interfere with the CCL Liquefaction Facility or a Train after Substantial Completion of such Train, as described in Section 3.27A, Contractor shall notify Owner in writing that Contractor plans to perform such scheduled, interfering Work. No later than thirty (30) Days prior to performing any Work that has the potential to interfere with the operation of Subproject 1 the CCL Liquefaction Facility or Subproject 2 a Train after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (such Train, as applicable) under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified described in Attachment X or agreed by Owner Representative in writing)Section 3.27A, Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreementsuch interference. Such proposed plan shall (i) comply with the requirements of Section 3.25A, 3.27A; (ii) be scheduled so that it is not on the critical path, and ; (iii) at a minimum, address each include attention to safe work practices to ensure safety and reliability of the activities identified in Attachment X operating facilities and the safety of the construction and operational personnel; and (iv) list (a) the component of the Stage 1 CCL Liquefaction Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement a Train after Substantial Completion of such Train that will be impacted by such activity, (b) how such component or work will be impacted, and (c) the duration of such impact. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, does not meet all of the requirements specified in Attachment EE, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations CCL Liquefaction Facility or a Train after Substantial Completion of Subproject 1 or Subproject 2 after substantial completion of Subproject 1 or Subproject 2 (such Train as applicable) under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreementdescribed in Section 3.27A, then Owner may, not no later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If plan and Contractor shall modify such plan to meet such Owner’s instructions, provided that such instruction restricts the duration or extent of the Work covered may not require Contractor to comply with any requirements in the plan more than what is required by Section 3.25B(i)-(iii), then Contractor shall be entitled addition to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations those specified in subsections (i)-(iv) above of this Section 3.25B(i)-(iii). Notwithstanding Owner’s agreement (3.27B or failure to agree) to the schedule and the plan for the performance of such Work, in Attachment EE or any requirements made by Owner may, in its sole discretion, subsequently prohibit the performance of such Work occurring that are based on the scheduled date, but in such case Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 3.25B(i)-(iii), Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then, belief that the plan proposed by Contractor shall be entitled has not been developed to reasonably minimize the impact on the CCL Liquefaction Facility or a Change Order to the extent permitted under Train after Substantial Completion of such Train as described in Section 6.93.

Appears in 1 contract

Samples: Engineering, Procurement and Construction Agreement (Cheniere Energy, Inc.)

Scheduled Activities. No later than thirty (30) Days prior to performing any Work that may interfere with the operation of Subproject Project 1 or Subproject 2 after substantial completion Substantial Completion of Subproject Project 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or that may delay any of the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement (whether specified in Attachment X 24 or agreed by Owner Representative in writing), Contractor shall provide Owner with a written integration plan listing the scheduled, interfering Work and proposing in detail how Contractor intends that such Work will be performed to minimize, to the greatest extent reasonably possible, interference with the operation of Subproject Project 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement and delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC AgreementProject 1. Such proposed plan shall (i) comply with the requirements of Section 3.25A, (ii) be scheduled so that it is not on the critical path, (iii) be structured so as to reasonably minimize the total number of shut-downs of Project 1 and the duration and impact of any other interference with the operation of Project 1 and (iiiiv) at a minimum, address each of the activities identified in Attachment X 24 and list (a) the component any components of the Stage Project 1 Liquefaction Facility or the target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC Agreement that will be impacted by such activity, (b) how such component components or work will be impacted, and (c) the duration of such impactimpacts. If the plan proposed by Contractor does not meet any of the requirements in the immediately preceding sentence, or if Owner reasonably believes that the plan proposed by Contractor has not been developed to reasonably minimize the impact on the operations operation of Subproject Project 1 or Subproject 2 after substantial completion Substantial Completion of Subproject 1 or Subproject 2 (as applicable) under the Stage 1 EPC Agreement or the delay of any target substantial completion dates or guaranteed substantial completion dates under the Stage 1 EPC AgreementProject 1, then Owner may, not later than fourteen (14) Days following receipt of the proposed plan, instruct Contractor in writing to modify the proposed plan. If Owner’s instruction restricts the duration or extent of the Work covered in the plan more than what is required by Section 3.25B(i)-(iii3.25B(i)-(iv), then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. Contractor shall proceed to execute such Work in accordance with the mutually agreed plan; provided that, if Owner does not respond and comment upon the Contractor’s proposed plan within fourteen (14) Days following receipt of Contractor’s proposed plan, then Contractor shall proceed to execute such Work in accordance with Contractor’s proposed plan as long as it complies with the limitations specified in Section 3.25B(i)-(iii3.25B(i)-(iv). Notwithstanding Owner’s agreement (or failure to agree) 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 occurring on the scheduled date, but in such case case, Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9. 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 the plan developed in this Section 3.25B(i)-(iii)3.25B, Applicable Law, Owner Permits relating to safety, or Owner’s reasonable security requirements, then, then Contractor shall be entitled to a Change Order to the extent permitted under Section 6.9.

Appears in 1 contract

Samples: Procurement and Construction Agreement (Tellurian Inc. /De/)

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