Extract to table

The EPC Agreement must be closely coordinated with several related transaction documents

We recommend that Exhibit B to the EPC Agreement include a detailed budget breakdown confirming this allocation methodology, and that the parties agree that for purposes of LD calculations and retainage release, the even per-building allocation of $103,000,000 shall control, regardless of actual cost incurrence patterns

While the inclusion of a contingency is standard practice, we recommend that the EPC Agreement impose the following requirements with respect to the contingency: (i) Monthly reporting to Kestrel (as Owner's Representative) on all drawdowns against the contingency, including a description of the condition or event giving rise to the draw, the amount drawn, and the remaining contingency balance; (ii) Contingency draws must be supported by documentation (invoices, subcontractor claims, etc

The target date for substation energization is June 1, 2027, which must precede or coincide with the commissioning and testing of the electrical systems in Building A (Substantial Completion target: August 1, 2027)

Liquidated damages must represent a genuine pre-estimate of the Owner's anticipated damages from delay at the time of contracting, a requirement under Virginia law for enforceability

We recommend establishing a response timeline: Owner (through Kestrel) must respond to a change order proposal within fifteen (15) business days of receipt of a complete submission