Common use of Appointment of the Engineer Clause in Contracts

Appointment of the Engineer. (a) Not later than two hundred and seventy (270) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.

Appointment of the Engineer. (a) Not No later than two one hundred and seventy twenty (270120) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Seller shall appoint the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, who shall select the Engineer from a panel of up to three (3) engineers to be proposed by the Seller (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the PurchaserPurchaser and such consent shall not to be unreasonably withheld. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement Agreement, and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.

Appointment of the Engineer. (a) Not later than two one hundred and seventy eighty (270180) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the SellerCompany, with after securing approval from the approval of the PurchaserPower Purchaser and NTDC, (and shall by such date the Engineer shall be available to perform the duties of the Engineer provided herein and shall thereafter keep remain appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to ). The Engineer shall carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller Company, the Power Purchaser and to the PurchaserNTDC. The Seller Company shall not replace any Person appointed as the Engineer without the prior written consent of NTDC and the Power Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the SellerCompany.

Appointment of the Engineer. (a) Not later than two one hundred and seventy eighty (270180) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, Purchaser who shall select the Engineer from a panel of up to three (3) engineers provided by the Seller (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.

Appointment of the Engineer. (a) Not later than two one hundred and seventy eighty (270180) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, with the approval of the Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.

Appointment of the Engineer. (a) Not later than two hundred and seventy (270) Days prior to the then-then- prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the SellerCompany, with the approval of the Power Purchaser, (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller Company and to the Power Purchaser. The Seller Company shall not replace any Person appointed as the Engineer without the prior written consent of the Power Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the SellerCompany.

Appointment of the Engineer. (a) Not No later than two one hundred and seventy twenty (270120) Days prior to the then-prevailing Scheduled Commercial Operations Date, the Engineer shall have been appointed by the Seller, Seller with the approval of the Purchaser, Purchaser who shall select the Engineer from a panel of up to three (3) engineers provided by the Seller (and shall by such date be available to perform the duties of the Engineer provided herein and shall thereafter keep appointed and available for as long as may be necessary to discharge the duties of the Engineer under this Agreement) to carry out the duties of the Engineer specified in this Agreement in accordance with the highest professional standards and duty of care, both to the Seller and to the Purchaser. The Seller shall not replace any Person appointed as the Engineer without the prior written consent of the Purchaser. (b) The terms and conditions of appointment of the Engineer shall oblige the Engineer to act independently and impartially, on the basis of his expertise, experience and knowledge in relation to all matters referred to him pursuant to this Agreement Agreement, and in carrying out his other duties ascribed to him under this Agreement. The costs and remuneration to which the Engineer is entitled under his terms and conditions of appointment shall be borne by the Seller.