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3-120 | EPC Template

“Mechanical Completion Date Guarantee” shall have the meaning set forth in Section

11.4.

“Minimum Required Capacity” shall have the meaning assigned to it in Section 11.3.1.

“O & M Agreement” shall mean that certain Operation and Maintenance Agreement of

dated [date of separate O&M agreement, if Contractor is to perform as operator]

between contractor and Owner.

“Operator” shall mean Contractor and its successor(s) as operator of the Facility under

the separate O & M Agreement.

“Owner” shall mean [Legal name of project developer/owner] .

“Owner’s Event of Default” shall have the meaning assigned to it in Section 13.3.

“Parent Guarantee” shall have the meaning assigned to it in Section 4.21.

“Parties” shall mean Contractor and Owner when referred to collectively and “Party”

shall mean any one of the Parties referred to singly.

“Payment Due Date” shall have the meaning assigned to it in Section 9.1.2.

“Payment Milestones” shall mean those milestones set in Schedule IV.

“Payment Milestone Schedule” shall mean Schedule IV.

“Payment Period” shall have the meaning assigned to it in Section 9.1.1.1.

“Person” shall mean any individual, firm, company, association, general partnership,

limited partnership, limited liability company, trust, business trust, corporation, public

body, or other legal entity.

“PM/CM” shall have the meaning assigned to it in Section 4.2.2.

“PM/CM’s Contract” shall have the meaning assigned to it in Section 4.2.2.

“Prime Subcontractor” shall have the meaning assigned to it in Section 4.2.4.

“Prime Subcontractor Contracts” shall have the meaning assigned to it in Section

4.2.4.

“Progress Report” shall have the meaning assigned to it in Section 9.1.1.1.

“Project” shall mean the development of the Facility at the Site by the Contractor, and

shall include the Work.

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