Common use of Assurance Against Discriminatory Action Clause in Contracts

Assurance Against Discriminatory Action. Neither the GOP nor any Public Sector Entity shall take any discriminatory action (as described in Section 12.4) which materially and adversely affects the Project or the performance of the Company’s obligations, or the enjoyment of its rights or the interests of the Investors or Lenders under the Project Agreements. Nothing in the foregoing or in Section 12.2 shall apply to any actions taken by the GOP or the Power Purchaser pursuant to their respective rights and obligations arising under this Agreement and the Power Purchase Agreement.

Assurance Against Discriminatory Action. Neither the GOP nor any Public Sector Federal Entity shall take any discriminatory action (as described in Section 12.412.4 (Non-Discriminatory)) which materially and adversely affects the Project or the performance of the CompanySeller’s obligations, or the enjoyment of its rights or the interests of the Investors or Lenders under the Project Agreements. Nothing in the foregoing or in Section 12.2 shall apply to any actions taken by the GOP or the Power Purchaser pursuant to their respective rights and obligations arising under this Agreement and the Power Purchase Agreement.Section