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DOCUMENT TITLE:  ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACT PACIFICORP .
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Clause Heading
2.1.1 - Limited Notice to Proceed.
2.1.2 - Full Notice to Proceed.
2.2 - The Work.
2.2.1 - Work in General.
2.2.2 - Engineering, Design, Procurement and Construction.
2.3 - Hazardous Substances and Off-Site Impacts.
2.4 - Coordination With Regulators.
2.5 - Books and Records.
2.6 - Standards of Performance.
2.7 - Title.
2.8 - Facility Site Conditions.
2.9 - Nature of the Work.
2.10.1 - Acceptable Subcontractors.
2.10.2 - Supervise.
2.10.3 - No Privity with Owner.
2.10.4 - Purchase Orders and Subcontracts.
2.10.5 - Subcontractor Warranties.
2.10.6 - Assignment of Subcontracts.
2.10.7 - Subcontractor Insurance.
2.11 - Cooperation.
2.12 - Contractor Responsibilities with Respect to Owner Furnished Equipment.
2.13 - Permits.
2.14 - Coordination of Work.
3.1 - Facility Real Estate Rights and Access to Facility Site.
3.2 - Owner Furnished Equipment.
3.3 - Permits.
3.4 - Start-up Personnel.
3.5 - Start-Up and Testing Fuel Supply.
3.6 - Other.
4.1 - Schedule.
4.2 - Alterations to Schedule.
4.3 - Revision of Schedule.
5.1 - Owners Right to Attend Contractor Inspections.
5.2 - Inspection and Re-Performance.
5.2.1 - Cover.
5.3 - Owner Approval.
6.1 - Target Price.
6.2 - Direct Costs.
6.3 - Total Payments.
6.4.1 - Payment Schedule.
6.4.2 - Application for Monthly Payment.
6.4.3 - Emergency Payments.
6.4.4 - Payment for Direct Costs.
6.4.5 - Audit.
6.4.6 - Required Submittals.
6.4.7 - Form of Waivers and Releases.
6.4.10 - Application of Payments.
6.4.11 - Withholding to Protect Owner from Loss.
6.4.12 - Lien Bonds.
6.4.13 - Payment after Removal of Cause.
6.5.1 - Applications for Milestone Fee Payments.
6.6 - Payment Not Acceptance.
6.7.1 - Contractor Taxes.
6.7.2 - Project Taxes.
6.8.1 - Final Accounting and Adjustment.
6.8.2 - Reconciliation Payment.
6.9 - Late Payment / Non-Payment.
7.1 - Guaranteed Substantial Completion Dates.
7.2 - Substantial Completion.
7.3 - Notice and Report of Substantial Completion.
7.4 - Achievement of Substantial Completion.
7.6 - C Exclusive Nature of Liquidated Damages.
7.7 - Transfer of Possession and Control of the Facility to Owner.
7.8 - Creation of Punch-List.
7.9.1 - Criteria for Final Completion.
7.9.2 - Notice and Report of Final Completion.
7.9.3 - Achievement of Final Completion.
7.10 - Use Does Not Constitute Acceptance.
8.1 - Testing.
8.2 - Restoring of Facility.
8.3 - Output During Testing.
9.1 - Aggregate Liability.
9.1.2 - Compensatory Damages.
9.1.3 - Excess Costs.
9.1.4 - Aggregate Limitation on Liability.
9.1.5 - Excluded Obligations.
9.2 - Consequential Damages.
9.3 - Proof of Actual Damages if Liquidated Damages Held Unenforceable.
10.1 - Warranties.
10.2 - Warranty Period.
10.3 - Repair of Defects.
10.4.1 - Extension for Corrected Work.
10.4.2 - Extension for Total Shutdown.
10.5 - No Liens or Encumbrances.
10.6 - Subcontractor Warranties.
10.7 - Limitation of Warranty.
11.1 - Changes.
11.2.1 - Changes Initiated by Contractor.
11.2.2 - Changes Initiated by Owner.
11.2.3 - Required Change Orders.
(a) - Due to Change in Applicable Law/Permit or Site Condition.
(b) - Change Order Due to Suspension of Work by Owner.
(c) - Change Order Due to Non-Performance by Owner.
(i) - Delays Due to Suspension of Work.
(ii) - Costs and Delays Due to Removal Activities.
(e) - Owner Critical Schedule Milestones.
(f) - Phase 2 Works.
(g) - Other Changes.
11.3 - Continued Performance Pending Resolution of Disputes.
11.4 - Preservation of Schedule and Target Costs.
12.1 - Force Majeure Event.
12.2 - Excused Performance.
12.3 - Costs and Schedule.
13.1.1 - Indemnity.
13.1.2 - Notice and Legal Defense.
13.1.3 - Failure to Defend Action.
13.1.4 - Indemnity and Defense Costs.
13.1.5 - No Limitation to Workers Benefits.
13.2.1 - Indemnity.
13.2.2 - Notice and Legal Defense.
13.2.3 - No Limitation to Workers Benefits.
14.1 - Right to Suspend Work for Cause.
14.2 - Right to Suspend Work for Convenience.
14.3 - Termination for Convenience.
14.4 - Termination upon Contractors Material Breach.
14.4.1 - Contractor abandons the Work.
14.5 - Actions Upon Termination.
14.6 - Termination for Contractor Event of Default.
14.7 - Consequences of Termination.
14.8 - Surviving Obligations.
14.9 - Contractors Right to Suspend or Terminate.
15.1 - Contractor Parent Guarantee.
15.2 - Performance Security.
15.3 - Security by Owner.
16.1 - Representations and Warranties of Contractor.
16.1.1 - Due Organization of Contractor.
16.1.2 - Due Authorization of Contractor; Binding Obligation.
16.1.3 - Non-Contravention.
16.1.4 - Regulatory Approvals.
16.1.5 - Financial Filings and Statements.
16.1.6 - Material Adverse Change.
16.1.7 - Material Claims Awareness.
16.1.8 - Knowledge of Claims/Potential Grounds for Clarification or Revisions to Cost, Schedule and/or Scope of Work.
16.2 - Representation and Warranties of Owner.
16.2.1 - Due Organization of Owner.
16.2.2 - Due Authorization of Owner; Binding Obligation.
16.2.3 - Non-Contravention.
16.2.4 - Knowledge of Claims/Potential Grounds for Clarification or Revisions to Cost, Schedule and/or Scope of Work.
17.1 - Applicability of Resolution Procedures.
17.2 - Management Discussions.
17.3 - Mediation.
17.4 - Arbitration and Final Resolution.
17.5 - Adjudication.
17.5 - Obligations Continue.
17.5 - Injunctive Relief.
17.6 - Survival.
ARTICLE 18 - Labor and Personnel
ARTICLE 19 - Insurance
20.1 - Governing Documents.
(b) - Appendices A through V; and
20.2 - Authorized Representatives.
20.3 - Assignments.
20.4 - Governing Law.
20.5 - Time is a Material Element.
20.6 - Severability.
20.7 - Notices.
20.8 - Article and Section Headings.
20.9 - No Waiver of Rights.
20.10 - Duties and Remedies Limited.
20.11 - No Disclosure.
20.12 - Entire Agreement.
20.13 - Amendments.
20.14 - No Third Party Rights.
20.16 - Relationship of the Parties.
20.17 - Counterparts.
20.18 - Further Assurances.