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3-113 | EPC Template
under the Collateral Agreements, except as otherwise specifically provided herein and in
the Collateral Agreements.
16.14 No Partnership; Third Party Beneficiaries. The Parties hereby expressly disclaim
any intention to create a joint venture or partnership relation between the Parties. Except
as expressly stated in this Agreement, there are no third party beneficiaries to this
Agreement.
16.15 Further Documents and Actions. Each Party shall promptly execute and deliver
such further documents and assurances for and take such further actions reasonable
requested by the other Parties as may be reasonably necessary to carry out the intent and
purpose of this Agreement.
16.16 Time of the Essence; Cooperation to Control Costs. The Parties recognize that time
is of the essence in designing and completing construction of the Facility. The Parties
agree to use their good faith efforts to cooperate with each other and, where applicable,
with Subcontractors to keep the Project on schedule, to control Project costs and to
refrain from actions that drive up the Project costs or inject delay into the Project
Schedule.
16.17 State Right to Approve; Failure to Promptly Respond Deemed Approval. In all
instances in this Agreement where Owner has the right to provide feedback or approve of
the actions of Contractor with respect to the construction process, including without
limitation, the Owner’s feedback and approval rights under Article 4.2 (Subcontractors),
Article 4.2.5 (QA/QC Director), and Article 4.2.6 (Safety Director), Owner shall use its
best efforts to promptly respond, with due regard to the time sensitivity of the particular
situation. Unless expressly provided otherwise in this Agreement, in the event the Owner
fails to respond in any such situation within 10 Business Days of the delivery of the
information or notice that triggers the Owner’s right to approve or provide feedback, the
Parties agree that Owner shall be deemed to have approved the item in question or to
have waived its right to provide feedback, as the case may be.
16.18 Contingent On Issuance of CPCN and Other Authorizations. The Parties
obligations to continue to proceed in accordance with this Agreement are contingent upon
the issuance of the certificate of public convenience and necessity (“CPCN”) and any
other required Authorizations for the Facility. If the Utility Regulator has not issued the
CPCN for the Project by __[Insert Date]___, then Owner shall have the right to
terminate this Agreement by written notice to Contractor.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and
delivered by their duly authorized officers as of the date first set forth above.
CONTRACTOR