Common use of Amount of Annual GBRA Payment Clause in Contracts

Amount of Annual GBRA Payment. A. Commencing with the Initial Annual Payment Period and then thereafter for so long as this Contract remains in force and effect, the Annual GBRA Payment shall be an amount not less than one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year. Further, in the fiscal year next following the construction and GBRA’s acceptance of the Initial Improvements but only for as long as (1) any Bonds that are issued to fund the Initial Improvements remain outstanding, and (2) the Debt Service Requirement on such Bonds remains in effect, the Annual GBRA Payment shall be an amount equal to one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year but such amount shall not be less than $400,000 (the “GBRA Minimum Payment”), except as provided in Section 5.2(D), (E) and (F) below. In the event the Hydro Revenues, received by GBRA during any Fiscal Year during which the above enumerated GBRA Minimum Payment requirements exist, are less than the GBRA Minimum Payment, then GBRA shall supplement the Hydro Revenues from other monies lawfully available to GBRA so as to ensure that the amount of the Annual GBRA Payment is not less than the GBRA Minimum Payment except as otherwise provided in Section 5.2(D), (E) and (F) below (the “GBRA DS Payment”). Such GBRA DS Payment, if any, shall be combined with GBRA’s monthly Hydro Revenues payment to the WCID that is remitted in the month of August of each Fiscal Year. B. Subject to the provisions of this Section 5.2, while this Contract is in force and effect but while (1) no Bonds to fund the Initial Improvements are outstanding, and (2) no related Debt Service Requirement is in effect, GBRA shall remit to the WCID an Annual GBRA Payment equal to all Hydro Revenues received in that Fiscal Year. However, the GBRA Minimum Payment shall be zero dollars ($0.00). C. To the extent that in any Fiscal Year, GBRA must supplement Hydro Revenues with a GBRA DS Payment to yield the GBRA Minimum Payment, thereafter, the WCID shall be required to reimburse GBRA the amount of the GBRA DS Payment, together with interest calculated from the respective date of payment of the GBRA DS Payment to the WCID to the date of reimbursement at an annual interest rate equal to the net effective interest rate on the Bonds but not less than a 1.00% annual percentage rate. GBRA may invoice the WCID for repayment of the GBRA DS Payment or may recover such costs as the Repayment Requirement; provided, however, except as otherwise agreed by the WCID, the WCID’s obligation to repay the GBRA DS Payment shall be limited in all cases to monies on deposit in the Hydro Fund in excess of $150,000. GBRA agrees to provide written notification to the WCID of the total outstanding amount of the GBRA DS Payment, together with accrued interest thereon, as set forth in Section 6.8 and upon receipt of a written request from time to time by the WCID. D. Notwithstanding the provisions of Section 5.2(A) and (C) above, to the extent that the Hydro Revenues for any Fiscal Year, while Bonds to fund the Initial Improvements are outstanding and the related Debt Service Requirement is in effect, are less than the GBRA Minimum Payment required to be made by GBRA to the WCID and the WCID has monies on deposit in the Hydro Fund in excess of $150,000, then GBRA shall have no obligation to supplement the Hydro Revenues to the extent it notifies the WCID that it elects for the WCID to fund the difference between the Hydro Revenues and the GBRA Minimum Payment with all monies on deposit in the Hydro Fund. E. Notwithstanding any provision in this Contract to the contrary, to the extent that sufficient funds are not available in the CRR Fund or the Hydro Fund to pay Non-Budgeted CRR Costs for the Dam Facilities and Hydro Facilities and the Parties do not otherwise reach agreement concerning the payment of such costs, and GBRA subsequently elects to not proceed with the repair or replacement of the Dam and/or Hydro Facilities and the result of such lack of repair or replacement reduces the Hydro Revenues received by GBRA, then GBRA shall continue to remit all Hydro Revenues received but shall be excused from its obligation to fund the GBRA Minimum Payment until and unless the repair is completed and the generation of Hydro Revenues is restored to levels prior to the need for the repair or replacement. F. Subject to GBRA’s obligations set forth in Section 5.1(A), the WCID acknowledges and agrees that: (1) in the event of termination of the Hydroelectric Sales Agreement and for so long as a replacement Hydroelectric Sales Agreement is not in effect, then GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. (2) In the event that the Hydroelectric Sales Agreement is amended by its own terms or otherwise, such that the capacity payment or fixed charge payment of the Hydroelectric Sales Agreement is reduced below the level set forth in Exhibit “B,” then the WCID shall continue to receive all hydro revenues from GBRA, but GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. The Parties shall work to establish, based on the adjusted payment amount, an updated GBRA Minimum Payment and updated flow of funds into the Hydro Fund and CRR Fund (set forth in Sections 5.5 and 5.6). G. Coincident with any termination of this Contract, all monies in the Hydro Fund and CRR Reserve Fund shall be the property of the WCID.

Appears in 1 contract

Samples: Contract for Financing and Operation

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Amount of Annual GBRA Payment. A. Commencing with the Initial Annual Payment Period and then thereafter for so long as this Contract remains in force and effect, the Annual GBRA Payment shall be an amount not less than one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year. Further, in the fiscal year next following the construction and GBRA’s acceptance of the Initial Improvements but only for as long as (1) any Bonds that are issued to fund the Initial Improvements remain outstanding, and (2) the Debt Service Requirement on such Bonds remains in effect, the Annual GBRA Payment shall be an amount equal to one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year but such amount shall not be less than $400,000 (the “GBRA Minimum Payment”), except as provided in Section 5.2(D), (E) and (F) below. In the event the Hydro Revenues, received by GBRA during any Fiscal Year during which the above enumerated GBRA Minimum Payment requirements exist, are less than the GBRA Minimum Payment, then GBRA shall supplement the Hydro Revenues from other monies lawfully available to GBRA so as to ensure that the amount of the Annual GBRA Payment is not less than the GBRA Minimum Payment except as otherwise provided in Section 5.2(D), (E) and (F) below (the “GBRA DS Payment”). Such GBRA DS Payment, if any, shall be combined with GBRA’s monthly Hydro Revenues payment to the WCID that is remitted in the month of August of each Fiscal Year. B. Subject to the provisions of this Section 5.2, while this Contract is in force and effect but while (1) no Bonds to fund the Initial Improvements are outstanding, and (2) no related Debt Service Requirement is in effect, GBRA shall remit to the WCID an Annual GBRA Payment equal to all Hydro Revenues received in that Fiscal Year. However, the GBRA Minimum Payment shall be zero dollars ($0.00). C. To the extent that in any Fiscal Year, GBRA must supplement Hydro Revenues with a GBRA DS Payment to yield the GBRA Minimum Payment, thereafter, the WCID shall be required to reimburse GBRA the amount of the GBRA DS Payment, together with interest calculated from the respective date of payment of the GBRA DS Payment to the WCID to the date of reimbursement at an annual interest rate equal to the net effective interest rate on the Bonds but not less than a 1.00% annual percentage rate. GBRA may invoice the WCID for repayment of the GBRA DS Payment or may recover such costs as the Repayment Requirement; provided, however, except as otherwise agreed by the WCID, the WCID’s obligation to repay the GBRA DS Payment shall be limited in all cases to monies on deposit in the Hydro Fund in excess of $150,000. GBRA agrees to provide written notification to the WCID of the total outstanding amount of the GBRA DS Payment, together with accrued interest thereon, as set forth in Section 6.8 and upon receipt of a written request from time to time by the WCID. D. Notwithstanding the provisions of Section 5.2(A) and (C) above, to the extent that the Hydro Revenues for any Fiscal Year, while Bonds to fund the Initial Improvements are outstanding and the related Debt Service Requirement is in effect, are less than the GBRA Minimum Payment required to be made by GBRA to the WCID and the WCID has monies on deposit in the Hydro Fund in excess of $150,000, then GBRA shall have no obligation to supplement the Hydro Revenues to the extent it notifies the WCID that it elects for the WCID to fund the difference between the Hydro Revenues and the GBRA Minimum Payment with all monies on deposit in the Hydro Fund. E. Notwithstanding any provision in this Contract to the contrary, to the extent that sufficient funds are not available in the CRR Fund or the Hydro Fund to pay Non-Budgeted CRR Costs for the Dam Facilities and Hydro Facilities and the Parties do not otherwise reach agreement concerning the payment of such costs, and GBRA subsequently elects to not proceed with the repair or replacement of the Dam and/or Hydro Facilities and the result of such lack of repair or replacement reduces the Hydro Revenues received by GBRA, then GBRA shall continue to remit all Hydro Revenues received but shall be excused from its obligation to fund the GBRA Minimum Payment until and unless the repair is completed and the generation of Hydro Revenues is restored to levels prior to the need for the repair or replacement. F. Subject to GBRA’s obligations set forth in Section 5.1(A), the WCID acknowledges and agrees that: (1) in the event of termination of the Hydroelectric Sales Agreement and for so long as a replacement Hydroelectric Sales Agreement is not in effect, then GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. (2) In the event that the Hydroelectric Sales Agreement is amended by its own terms or otherwise, such that the capacity payment or fixed charge payment of the Hydroelectric Sales Agreement is reduced below the level set forth in Exhibit “B,” ”, then the WCID shall continue to receive all hydro revenues from GBRA, but GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. The Parties shall work to establish, based on the adjusted payment amount, an updated GBRA Minimum Payment and updated flow of funds into the Hydro Fund and CRR Fund (set forth in Sections 5.5 and 5.6). G. Coincident with any termination of this Contract, all monies in the Hydro Fund and CRR Reserve Fund shall be the property of the WCID.

Appears in 1 contract

Samples: Contract for Financing and Operation

Amount of Annual GBRA Payment. A. Commencing with the Initial Annual Payment Period and then thereafter for so long as this Contract remains in force and effect, the Annual GBRA Payment shall be an amount not less than one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year. Further, in the fiscal year next following the construction and GBRA’s acceptance of the Initial Improvements but only for as long as (1) any Bonds that are issued to fund the Initial Improvements remain outstanding, and (2) the Debt Service Requirement on such Bonds remains in effect, the Annual GBRA Payment shall be an amount equal to one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year but such amount shall not be less than $400,000 (the “GBRA Minimum Payment”), except as provided in Section 5.2(D), (E) and (F) below. In the event the Hydro Revenues, received by GBRA during any Fiscal Year during which the above enumerated GBRA Minimum Payment requirements exist, are less than the GBRA Minimum Payment, then GBRA shall supplement the Hydro Revenues from other monies lawfully available to GBRA so as to ensure that the amount of the Annual GBRA Payment is not less than the GBRA Minimum Payment except as otherwise provided in Section 5.2(D), (E) and (F) below (the “GBRA DS Payment”). Such GBRA DS Payment, if any, shall be combined with GBRA’s monthly Hydro Revenues payment to the WCID that is remitted in the month of August of each Fiscal Year. B. Subject to the provisions of this Section 5.2, while this Contract is in force and effect but while (1) no Bonds to fund the Initial Improvements are outstanding, and (2) no related Debt Service Requirement is in effect, GBRA shall remit to the WCID an Annual GBRA Payment equal to all Hydro Revenues received in that Fiscal Year. However, the GBRA Minimum Payment shall be zero dollars ($0.00). C. To the extent that in any Fiscal Year, GBRA must supplement Hydro Revenues with a GBRA DS Payment to yield the GBRA Minimum Payment, thereafter, the WCID shall be required to reimburse GBRA the amount of the GBRA DS Payment, together with interest calculated from the respective date of payment of the GBRA DS Payment to the WCID to the date of reimbursement at an annual interest rate equal to the net effective interest rate on the Bonds but not less than a 1.00% annual percentage rate. GBRA may invoice the WCID for repayment of the GBRA DS Payment or may recover such costs as the Repayment Requirement; provided, however, except as otherwise agreed by the WCID, the WCID’s obligation to repay the GBRA DS Payment shall be limited in all cases to monies on deposit in the Hydro Fund in excess of $150,000. GBRA agrees to provide written notification to the WCID of the total outstanding amount of the GBRA DS Payment, together with accrued interest thereon, as set forth in Section 6.8 and upon receipt of a written request from time to time by the WCID. D. Notwithstanding the provisions of Section 5.2(A) and (C) above, to the extent that the Hydro Revenues for any Fiscal Year, while Bonds to fund the Initial Improvements are outstanding and the related Debt Service Requirement is in effect, are less than the GBRA Minimum Payment required to be made by GBRA to the WCID and the WCID has monies on deposit in the Hydro Fund in excess of $150,000, then GBRA shall have no obligation to supplement the Hydro Revenues to the extent it notifies the WCID that it elects for the WCID to fund the difference between the Hydro Revenues and the GBRA Minimum Payment with all monies on deposit in the Hydro Fund. E. Notwithstanding any provision in this Contract to the contrary, to the extent that sufficient funds are not available in the CRR Fund or the Hydro Fund to pay Non-Budgeted CRR Costs for the Dam Facilities and Hydro Facilities and the Parties do not otherwise reach agreement concerning the payment of such costs, and GBRA subsequently elects to not proceed with the repair or replacement of the Dam and/or Hydro Facilities and the result of such lack of repair or replacement reduces the Hydro Revenues received by GBRA, then GBRA shall continue to remit all Hydro Revenues received but shall be excused from its obligation to fund the GBRA Minimum Payment until and unless the repair is completed and the generation of Hydro Revenues is restored to levels prior to the need for the repair or replacement. F. Subject to GBRA’s obligations set forth in Section 5.1(A), the WCID acknowledges and agrees that: (1) in the event of termination of the Hydroelectric Sales Agreement and for so long as a replacement Hydroelectric Sales Agreement is not in effect, then GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. (2) In the event that the Hydroelectric Sales Agreement is amended by its own terms or otherwise, such that the capacity payment or fixed charge payment of the Hydroelectric Sales Agreement is reduced below the level set forth in Exhibit “B,” ”, then the WCID shall continue to receive all hydro revenues from GBRA, but GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. The Parties shall work to establish, based on the adjusted payment amount, an updated GBRA Minimum Payment and updated flow of funds into the Hydro Fund and CRR Fund (set forth in Sections 5.5 and 5.6).[●].1 G. Coincident with any termination of this Contract, all monies in the Hydro Fund and CRR Reserve Fund shall be the property of the WCID.

Appears in 1 contract

Samples: Contract for Financing and Operation of Lake McQueeney Dam and Hydroelectric Facilities

Amount of Annual GBRA Payment. A. Commencing with the Initial Annual Payment Period and then thereafter for so long as this Contract remains in force and effect, the Annual GBRA Payment shall be an amount not less than one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year. Further, in the fiscal year next following the construction and GBRA’s acceptance of the Initial Improvements but only for as long as (1) any Bonds that are issued to fund the Initial Improvements remain outstanding, and (2) the Debt Service Requirement on such Bonds remains in effect, the Annual GBRA Payment shall be an amount equal to one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year but such amount shall not be less than $400,000 350,000 (the “GBRA Minimum Payment”), except as provided in Section 5.2(D), (E) and (F) below. In the event the Hydro Revenues, received by GBRA during any Fiscal Year during which the above enumerated GBRA Minimum Payment requirements exist, are less than the GBRA Minimum Payment, then GBRA shall supplement the Hydro Revenues from other monies lawfully available to GBRA so as to ensure that the amount of the Annual GBRA Payment is not less than the GBRA Minimum Payment except as otherwise provided in Section 5.2(D), (E) and (F) below (the “GBRA DS Payment”). Such GBRA DS Payment, if any, shall be combined with GBRA’s monthly Hydro Revenues payment to the WCID that is remitted in the month of August of each Fiscal Year. B. Subject to the provisions of this Section 5.2, while this Contract is in force and effect but while (1) no Bonds to fund the Initial Improvements are outstanding, and (2) no related Debt Service Requirement is in effect, GBRA shall remit to the WCID an Annual GBRA Payment equal to all Hydro Revenues received in that Fiscal Year. However, the GBRA Minimum Payment shall be zero dollars ($0.00). C. To the extent that in any Fiscal Year, GBRA must supplement Hydro Revenues with a GBRA DS Payment to yield the GBRA Minimum Payment, thereafter, the WCID shall be required to reimburse GBRA the amount of the GBRA DS Payment, together with interest calculated from the respective date of payment of the GBRA DS Payment to the WCID to the date of reimbursement at an annual interest rate equal to the net effective interest rate on the Bonds but not less than a 1.00% annual percentage rate. GBRA may invoice the WCID for repayment of the GBRA DS Payment or may recover such costs as the Repayment Requirement; provided, however, except as otherwise agreed by the WCID, the WCID’s obligation to repay the GBRA DS Payment shall be limited in all cases to monies on deposit in the Hydro Fund in excess of $150,000100,000. GBRA agrees to provide written notification to the WCID of the total outstanding amount of the GBRA DS Payment, together with accrued interest thereon, as set forth in Section 6.8 and upon receipt of a written request from time to time by the WCID. D. Notwithstanding the provisions of Section 5.2(A) and (C) above, to the extent that the Hydro Revenues for any Fiscal Year, while Bonds to fund the Initial Improvements are outstanding and the related Debt Service Requirement is in effect, are less than the GBRA Minimum Payment required to be made by GBRA to the WCID and the WCID has monies on deposit in the Hydro Fund in excess of $150,000100,000, then GBRA shall have no obligation to supplement the Hydro Revenues to the extent it notifies the WCID that it elects for the WCID to fund the difference between the Hydro Revenues and the GBRA Minimum Payment with all monies on deposit in the Hydro Fund. E. Notwithstanding any provision in this Contract to the contrary, to the extent that sufficient funds are not available in the CRR Fund or the Hydro Fund to pay Non-Budgeted CRR Costs for the Dam Facilities and Hydro Facilities and the Parties do not otherwise reach agreement concerning the payment of such costs, and GBRA subsequently elects to not proceed with the repair or replacement of the Dam and/or Hydro Facilities and the result of such lack of repair or replacement reduces the Hydro Revenues received by GBRA, then GBRA shall continue to remit all Hydro Revenues received but shall be excused from its obligation to fund the GBRA Minimum Payment until and unless the repair is completed and the generation of Hydro Revenues is restored to levels prior to the need for the repair or replacement. F. Subject to GBRA’s obligations set forth in Section 5.1(A), the WCID acknowledges and agrees that: (1) in In the event of termination of the Hydroelectric Sales Agreement and for so long as a replacement Hydroelectric Sales Agreement is not in effect, then GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties.; (2) In the event that the Hydroelectric Sales Agreement is amended by its own terms or otherwise, such that the capacity payment or fixed charge payment of the Hydroelectric Sales Agreement is reduced below the level set forth in Exhibit B,” then the WCID shall continue to receive all hydro revenues from GBRA, but GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. The Parties shall work to establish, based on the adjusted payment amount, an updated GBRA Minimum Payment and updated flow of funds into the Hydro Fund and CRR Fund (set forth in Sections 5.5 and 5.6).then.1 G. Coincident with any termination of this Contract, all monies in the Hydro Fund and CRR Reserve Fund shall be the property of the WCID.

Appears in 1 contract

Samples: Contract for Financing and Operation

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Amount of Annual GBRA Payment. A. Commencing with the Initial Annual Payment Period and then thereafter for so long as this Contract remains in force and effect, the Annual GBRA Payment shall be an amount not less than one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year. Further, in the fiscal year next following the construction and GBRA’s acceptance of the Initial Improvements but only for as long as (1) any Bonds that are issued to fund the Initial Improvements remain outstanding, and (2) the Debt Service Requirement on such Bonds remains in effect, the Annual GBRA Payment shall be an amount equal to one hundred percent (100%) of the Hydro Revenues received by GBRA during the then current Fiscal Year but such amount shall not be less than $400,000 350,000 (the “GBRA Minimum Payment”), except as provided in Section 5.2(D), (E) and (F) below. In the event the Hydro Revenues, received by GBRA during any Fiscal Year during which the above enumerated GBRA Minimum Payment requirements exist, are less than the GBRA Minimum Payment, then GBRA shall supplement the Hydro Revenues from other monies lawfully available to GBRA so as to ensure that the amount of the Annual GBRA Payment is not less than the GBRA Minimum Payment except as otherwise provided in Section 5.2(D), (E) and (F) below (the “GBRA DS Payment”). Such GBRA DS Payment, if any, shall be combined with GBRA’s monthly Hydro Revenues payment to the WCID that is remitted in the month of August of each Fiscal Year. B. Subject to the provisions of this Section 5.2, while this Contract is in force and effect but while (1) no Bonds to fund the Initial Improvements are outstanding, and (2) no related Debt Service Requirement is in effect, GBRA shall remit to the WCID an Annual GBRA Payment equal to all Hydro Revenues received in that Fiscal Year. However, the GBRA Minimum Payment shall be zero dollars ($0.00). C. To the extent that in any Fiscal Year, GBRA must supplement Hydro Revenues with a GBRA DS Payment to yield the GBRA Minimum Payment, thereafter, the WCID shall be required to reimburse GBRA the amount of the GBRA DS Payment, together with interest calculated from the respective date of payment of the GBRA DS Payment to the WCID to the date of reimbursement at an annual interest rate equal to the net effective interest rate on the Bonds but not less than a 1.00% annual percentage rate. GBRA may invoice the WCID for repayment of the GBRA DS Payment or may recover such costs as the Repayment Requirement; provided, however, except as otherwise agreed by the WCID, the WCID’s obligation to repay the GBRA DS Payment shall be limited in all cases to monies on deposit in the Hydro Fund in excess of $150,000100,000. GBRA agrees to provide written notification to the WCID of the total outstanding amount of the GBRA DS Payment, together with accrued interest thereon, as set forth in Section 6.8 and upon receipt of a written request from time to time by the WCID. D. Notwithstanding the provisions of Section 5.2(A) and (C) above, to the extent that the Hydro Revenues for any Fiscal Year, while Bonds to fund the Initial Improvements are outstanding and the related Debt Service Requirement is in effect, are less than the GBRA Minimum Payment required to be made by GBRA to the WCID and the WCID has monies on deposit in the Hydro Fund in excess of $150,000100,000, then GBRA shall have no obligation to supplement the Hydro Revenues to the extent it notifies the WCID that it elects for the WCID to fund the difference between the Hydro Revenues and the GBRA Minimum Payment with all monies on deposit in the Hydro Fund. E. Notwithstanding any provision in this Contract to the contrary, to the extent that sufficient funds are not available in the CRR Fund or the Hydro Fund to pay Non-Budgeted CRR Costs for the Dam Facilities and Hydro Facilities and the Parties do not otherwise reach agreement concerning the payment of such costs, and GBRA subsequently elects to not proceed with the repair or replacement of the Dam and/or Hydro Facilities and the result of such lack of repair or replacement reduces the Hydro Revenues received by GBRA, then GBRA shall continue to remit all Hydro Revenues received but shall be excused from its obligation to fund the GBRA Minimum Payment until and unless the repair is completed and the generation of Hydro Revenues is restored to levels prior to the need for the repair or replacement. F. Subject to GBRA’s obligations set forth in Section 5.1(A), the WCID acknowledges and agrees that: (1) in In the event of termination of the Hydroelectric Sales Agreement and for so long as a replacement Hydroelectric Sales Agreement is not in effect, then GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. (2) In the event that the Hydroelectric Sales Agreement is amended by its own terms or otherwise, such that the capacity payment or fixed charge payment of the Hydroelectric Sales Agreement is reduced below the level set forth in Exhibit “B,” then the WCID shall continue to receive all hydro revenues from GBRA, but GBRA shall have no obligation to make the GBRA Minimum Payment (including any GBRA DS Payment) except as otherwise agreed by the Parties. The Parties shall work to establish, based on the adjusted payment amount, an updated GBRA Minimum Payment and updated flow of funds into the Hydro Fund and CRR Fund (set forth in Sections 5.5 and 5.6). G. Coincident with any termination of this Contract, all monies in the Hydro Fund and CRR Reserve Fund shall be the property of the WCID.

Appears in 1 contract

Samples: Contract for Financing and Operation of Lake Placid Dam and Hydroelectric Facilities

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