Common use of Alternative Cash Payment Clause in Contracts

Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is: (i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and (ii) sufficient to allow SFV to undertake: (A) the Social Licence Commitment that LTES Operator has failed to comply with; or (B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d). (b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.

Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is: (i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and (ii) sufficient to allow SFV to undertake: (A) the Social Licence Commitment that LTES Operator has failed to comply with; or (B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d). (b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.

Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is: (i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and (ii) sufficient to allow SFV to undertake: (A) the Social Licence Commitment that LTES Operator has failed to comply with; or (B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d). (b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.

Alternative Cash Payment. (a) At SFV’s absolute discretion, SFV may agree to accept a cash payment from LTES Operator proposed under clause 14.5(b)(iii) (“Cure”) that is: (i) commensurate with the value of the relevant Social Licence Commitment to SFV and any other person that would have benefitted from that Social Licence Commitment; and (ii) sufficient to allow SFV to undertake: (A) the Social Licence Commitment that LTES Operator has failed to comply with; or (B) an alternative to the Social Licence Commitment that LTES Operator has failed to comply with, which SFV determines (acting reasonably) is of equivalent or greater merit than that Social Licence Commitment under clauses 14.5(b)(iii) and 14.5(d). (b) If LTES Operator pays SFV an amount agreed under paragraph (a) in respect of a Social Licence Commitment, then LTES Operator is not required to perform that Social Licence Commitment.. DRAFT