Change Order CO-005, executed on December 17, 2019, to the Lump Sum Turnkey Agreement for the Engineering, Procurement and Construction of the Driftwood LNG Phase 1 Liquefaction Facility, dated as of November 10, 2017, by and between Driftwood LNG LLC and Bechtel Oil, Gas and Chemicals, Inc
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EX-10.5.5 6 ex-1055.htm EXHIBIT 10.5.5 Exhibit
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED. |
Exhibit 10.5.5
CHANGE ORDER FORM
PROJECT NAME: Driftwood LNG Phase 1 OWNER: Driftwood LNG LLC CONTRACTOR: Bechtel Oil, Gas and Chemicals, Inc. DATE OF AGREEMENT: 10 November 2017 | CHANGE ORDER NUMBER: CO-005 DATE OF CHANGE ORDER: December 13, 2019 |
The Agreement between the Parties listed above is changed as follows:
I. | SCHEDULE REDUCTION |
A. EPC Agreement Terms Modifications
The Parties agree that Attachment 5 (Project Schedule) of the Phase 1 EPC Agreement is modified (red text are additions and strikethrough text are deletions) as follows:
Notice to Proceed | Day Zero |
Project 1 Ready for Start Up | [***] Days following Owner’s issuance of Notice to Proceed |
Project 1Target Substantial Completion Date | [***] Days from Owner’s issuance of Notice to Proceed |
Project 1 Guaranteed Substantial Completion Date | [***] Days from Owner’s issuance of Notice to Proceed |
Project 2 Ready for Start Up | [***] Days following Owner’s issuance of Notice to Proceed |
Project 2 Target Substantial Completion Date | [***] Days from Owner’s issuance of Notice to Proceed |
Project 2 Guaranteed Substantial Completion Date | [***] Days from Owner’s issuance of Notice to Proceed |
Phase 1 Final Completion | [***] Days after Project 2 Guaranteed Substantial Completion Date |
The Parties agree that Article 13.2 (Schedule bonus) of the Phase 1 EPC Agreement remains unchanged and the Schedule Bonus Date for P1 and the Schedule Bonus Date for P2 remain unchanged at [***] Days and [***] Days respectively.
Adjustment to Contract Price | ||
The original Contract Price was | USD 7,240,314,232 | EUR 375,344,119 |
Net change by previously authorized Change Orders | USD 159,940,740 | EUR 0 |
The Contract Price prior to this Change Order was | USD 7,400,254,972 | EUR 375,344,119 |
The Contract Price will be (increased) (decreased) (unchanged) | ||
by this Change Order in the amount of | USD 0 | EUR 0 |
The new Contract Price including this Change Order will be | USD 7,400,254,972 | EUR 375,344,119 |
The Aggregate Provisional Sum prior to this Change Order was | USD 502,857,704 | EUR 0 |
The Aggregate Provisional Sum will be unchanged | ||
by this Change Order in the amount of | USD 0 | EUR 0 |
The new Aggregate Provisional Sum | ||
including this Change Order will be | USD 502,857,704 | EUR 0 |
Adjustments to dates in Project Schedule:
The following dates are modified: N/A
Adjustment to other Changed Criteria: N/A
Adjustment to Payment Schedule: N/A
Adjustment to Provisional Sums: N/A
Adjustment to Minimum Acceptance Criteria: N/A
Adjustment to Performance Guarantees: N/A
Adjustment to Design Basis: N/A
Other adjustments to liability or obligation of Contractor or Owner under the Agreement: N/A
Select either A or B:
[A] This Change Order shall constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall be deemed to compensate Contractor fully for such change. Initials: [***] Contractor [***] Owner
[B] This Change Order shall not constitute a full and final settlement and accord and satisfaction of all effects of the change reflected in this Change Order upon the Changed Criteria and shall not be deemed to compensate Contractor fully for such change. Initials: ____ Contractor ____ Owner
Upon execution of this Change Order by Owner and Contractor, the above-referenced change shall become a valid and binding part of the original Agreement without exception or qualification, unless noted in this Change Order. Except as modified by this and any previously issued Change Orders, all other terms and conditions of the Agreement shall remain in full force and effect. This Change Order is executed by each of the Parties’ duly authorized representatives.
/s/ [***] | /s/ [***] | |
Owner | Contractor | |
[***] | [***] | |
Name | Name | |
[***] | [***] | |
Title | Title | |
17 Dec 2019 | 13 Dec 2019 | |
Date of Signing | Date of Signing |