Common use of AMENDMENTS TO AGREEMENT; WAIVERS Clause in Contracts

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereof. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. By official action of the District’s Board of Trustees, this Agreement may only be amended according to the following: i. Applicant shall submit to District and Comptroller: a. a written request to amend the Application and this Agreement which shall specify the changes Applicant requests; b. any changes to the information that was provided in the Application that was approved by District and considered by Comptroller; c. and any additional information requested by District or Comptroller necessary to evaluate the amendment or modification; and ii. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the Texas Tax Code; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and iii. define minimum eligibility requirements for the recipient of limited value. D. This Agreement may not be amended to extend the value limitation time period beyond its ten year statutory term.

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereof. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. By official action of the District’s Board of Trustees, this Agreement may only be amended according to the following: i. Applicant shall submit to District and District, with notice to the Comptroller: a. a written request to amend the Application and this Agreement which shall specify the changes Applicant requests; b. any changes to the information that was provided in the Application that was approved by District and considered by Comptroller;; and, c. and any additional information requested by District or Comptroller necessary for it to evaluate the amendment Amendment or modification; and ii. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment Amendment of the Agreement adding additional to add or replacement replace Qualified Property pursuant to this Section 10.2 11.2 of this Agreement shall: i. require that all property added by amendment an Amendment be eligible property as defined by Section 313.024 of the Texas Tax Code;TEXAS TAX CODE; and, ii. clearly identify the property, investment, and employment information added by amendment an Amendment from the property, investment, and employment information in the original Agreement; and iii. define minimum eligibility requirements for the recipient of limited value. D. This Agreement may not be amended to extend the value limitation time period beyond its ten year statutory term.

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereof. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. By official action of the District’s Board of Trustees, this Agreement may only be amended according to the following: i. Applicant shall submit to District and Comptroller: a. a written request to amend the Application and this Agreement which shall specify the changes Applicant requests; b. any changes to the information that was provided in the Application that was approved by District and considered by Comptroller; c. and any additional information requested by District or Comptroller necessary to evaluate the amendment or modification; and ii. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 10.3 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the Texas Tax CodeTEXAS TAX CODE; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and iii. define minimum eligibility requirements for the recipient of limited value. D. This Agreement may not be amended to extend the value limitation time period beyond its ten year statutory term.

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereofParties. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. . By official action of the District’s Board of Trustees, this Agreement may only be amended according to include, in the Applicant’s Qualified Investment and/or Applicant’s Qualified Property, additional or replacement Qualified Property not specified in EXHIBIT 3, provided that the Applicant reports to the following: i. Applicant shall submit to District District, the Comptroller, and Comptroller: a. a written request to amend the Application Appraisal District, in the same format, style, and this Agreement which shall specify presentation as the changes Applicant requests; b. any changes Application, all relevant investment, value, and employment information that is related to the information that was provided in the Application that was approved by District and considered by Comptroller; c. and any additional information requested by District or Comptroller necessary to evaluate the amendment or modification; and iireplacement property. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the this Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement 8.3 shall: i. , (i) require that all property added by amendment be eligible property as defined by Section 313.024 of the Texas Tax Code; , §313.024; (ii. ) clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and and (iii. ) define minimum eligibility requirements for the recipient of limited value. D. . This Agreement may not be amended to extend the value limitation time period beyond its ten eight year statutory term. The District understands that the schedule of anticipated investment set forth in the Application may be impacted by the Applicant’s entrance into acceptable commercial arrangements, receipt of regulatory authorization from the Federal Energy Regulatory Commission to construct and operate the liquefaction assets, securing of pipeline transportation of natural gas to the Corpus Christi liquefaction project, and obtaining adequate financing to construct the facility. As such, the District agrees to expeditiously consider any amendments of this Agreement or the Application requested by Applicant. The Parties intend that following any such amendments to the Agreement or Application, the Agreement and the Application will continue to be governed by the Act as it existed on the Completed Application Date, in the absence of any statutory change to the contrary.

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereof. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. By official action of the District’s Board of Trustees, this Agreement may only be amended according to the following: i. Applicant shall submit to District and District, with notice to the Comptroller: a. a written request to amend the Application and this Agreement which shall specify the changes Applicant requests; b. any changes to the information that was provided in the Application that was approved by District and considered by Comptroller;; and, c. and any additional information requested by District or Comptroller necessary for it to evaluate the amendment Amendment or modification; and ii. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment Amendment of the Agreement adding additional to add or replacement replace Qualified Property pursuant to this Section 10.2 11.2 of this Agreement shall: i. require that all property added by amendment an Amendment be eligible property as defined by Section § 313.024 of the Texas Tax Code;TEXAS TAX CODE; and, ii. clearly identify the property, investment, and employment information added by amendment an Amendment from the property, investment, and employment information in the original Agreement; and iii. define minimum eligibility requirements for the recipient of limited value. D. This Agreement may not be amended to extend the value limitation time period beyond its ten year statutory term.

AMENDMENTS TO AGREEMENT; WAIVERS. A. This Agreement may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties and after completing the requirements of subsection B hereof. Waiver of any term, condition or provision of this Agreement by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this Agreement. B. By official action of the District’s Board of Trustees, this Agreement may only be amended according to the following: i. Applicant shall submit to District and Comptroller: a. a written request to amend the Application and this Agreement which shall specify the changes Applicant requests; b. any changes to the information that was provided in the Application that was approved by District and considered by Comptroller; c. and any additional information requested by District or Comptroller necessary to evaluate the amendment or modification; and ii. Comptroller shall review the request and any additional information and provide a revised Comptroller certificate for a limitation within 90 days of receiving the revised Application and, if the request to amend the Application has not been approved by Comptroller by the end of the 90 day period, the request is denied; iii. If Comptroller has not denied the request, District’s Board of Trustees shall approve or disapprove the request before the expiration of 150 days after the request is filed. C. Any amendment of the Agreement adding additional or replacement Qualified Property pursuant to this Section 10.2 of this Agreement shall: i. require that all property added by amendment be eligible property as defined by Section 313.024 of the Texas Tax Code; ii. clearly identify the property, investment, and employment information added by amendment from the property, investment, and employment information in the original Agreement; and iii. define minimum eligibility requirements for the recipient of limited value. D. This Agreement may not be amended to extend the value limitation time period beyond its ten year statutory term.