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SEC Filings

10-Q
ATHENEX, INC. filed this Form 10-Q on 05/09/2019
Entire Document
 

 

 

 

3)

The parties agrees that the existing §14.1.11 shall be DELETED in its entirety and REPLACED with the following:

“§ 14.1.11  In order to recover liquidated damages, the Owner is under no obligation to prove the actual damages sustained by the Owner due to the Design-Builder’s delay in performance.   The parties agree that liquidated damages shall be computed as follows for each and every day that completion of the Work shall be delayed beyond the date of the Date of Substantial Completion (as may have been adjusted during the course of the Project by Change Order).  For the first thirty (30) days after the Date of Substantial Completion, Design Builder shall owe the Owner no liquidated damages for every day past the Date of Substantial Completion for the Project (as it may have been adjusted by Change Order). Design Builder shall owe the Owner liquidated damages in the amount of $2,500 per day for every day the Design-Builder fails to achieve Substantial Completion per the schedule for Project (as it may have been adjusted by Change Order)for the thirty-first (31st) through ninetieth (90th) day of said failure.   The Design-Builder shall owe the Owner liquidated damages in the amount of $5,000 per day for failure to achieve Substantial Completion within ninety-one (91) to one hundred fifty (150) days of the contractually required date of Substantial Completion (as it may have been adjusted by Change Order).   Any failure of the Design-Builder to achieve Substantial Completion (as it may have been adjusted by Change Order) pursuant to the Project schedule after one hundred fifty (150) days shall result in liquidated damages of $7,500 per day.”

 

4)

The parties agree that the conditional dates listed in §1.1.7.4 b), c), d) and e) shall be modified to read as follows:

Ҥ1.1.7.4 b) placement of Electrical Switchgear Equipment order by 30 July, 2018;

  §1.1.7.4 c) delivery of Electrical Switchgear Equipment at the site by 22 March, 2019;

  §1.1.7.4 d) Letter of Intent for structural steel mill pricing - Issued by 19 March, 2018;

  §1.1.7.4 e) Commencement of the Phase III site work by 16 April, 2018.”

Failure to achieve any or all of the dates listed at no fault of Design Builder, the parties therein shall also further extend the agreed-to Substantial Completion Date on the stated day-for-day basis. Additional new dates shall trigger further extension of Substantial Completion Dates.

 

5)

The parties agrees that the existing §1.1.6.3 and §1.1.6.4 shall be DELETED in their entirety:

and REPLACED with the following:

 

1.1.6.3

Phase III A of the Work consists of; (amount of fund committed to by Owner and agreed to between the parties as of the Effective Date of this Amendment #1) and become part of the committed costs of the Original Agreement via this Amendment #1. Thus the total current committed cost to date by the Owner is as indicated in #7 below, which includes:

 

 

a)

Owner Committed Funding that shall be compensated on a Cost of Work + Indirects (“CWI”) Basis up to a Not-To-Exceed (NTE) amount currently set as shown and described for the portion of the Work defined as Phase III A in AMND#1- Exhibit – 1.

 

 

b)

Minimum Owed Design-Builder’s Fee @ 2.5% of the Cost of Work ;

 

 

c)

Services shall be progress-invoiced for payment on a monthly basis;

 

1.1.6.4

Phase III B of the Work consists of the remainder of the Work described in the Design-Builder’s BOD Report for the remaining amount of the total amount of ($238,607,321), the GMP, (described in the Design-Builder’s letter dated 26 March, 2018 from Mr. Werner Greyling to Mr. Rich Nassar; including the savings and sharing described therein) but which additional scope is not identified in detail in AMND#1- Exhibit – 1 as part of Phase III A; The parties agree this final portion (i.e. Phase III B) of the scope, the schedule and the GMP for the Project shall be memorialized and agreed-to in Exhibit A (the Amendment) as originally planned.”

 

 

“1.1.6.5

Qualification and Validation is not included in Design-Builder’s estimated GMP.”

 

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