Change Orders; Suspension Clause Samples

Change Orders; Suspension. Notwithstanding anything to the contrary contained in subsection 7.11, Issuer shall not permit NGP I to enter into or approve any Change Order under a Project Document without the approval of Agent (acting in consultation with the Independent Engineer) if (i) the net cost of such Change Order is in excess of $500,000 or (ii) the net cost of such Change Order, together with all prior Change Orders that have not been approved by Agent, would equal or exceed $1,000,000. Notwithstanding anything to the contrary contained in subsection 7.11, Issuer shall not permit NGP I to enter into or approve any Change Order under a Project Document without the approval of Required Holders (acting in consultation with the Independent Engineer) if (a) the net cost of such Change Order, together with all prior Change Orders that have not been approved by Required Holders, would equal or exceed $1,500,000, (b) such Change Order would cause the available contingency reserve to be reduced to zero, (c) such Change Order could reasonably be expected to delay EPC Substantial Completion beyond the Guaranteed EPC Date of Substantial Completion; unless (1) the remaining amounts in the line item entitled “Contingency” in the Construction Budget which are not reasonably expected to be applied to other Project Costs exceed the amount of (I) lost net revenue projected to accrue during the period of delay under the Projections delivered to Agent on the Closing Date plus (II) all liquidated damages which may be payable under the Power Purchase Agreement, and amounts drawn under such line item in the amount of such lost net revenue and liquidated damages are deposited in the Construction Account and (2) the Power Purchase Agreement is not subject to termination as a result of the expected delay, (d) such Change Order will alter in any material respect any guaranty, liquidated damages provision or the standards for any of the Performance Tests, (e) such Change Order could reasonably be expected to permit or result in any materially adverse modification or impair the enforceability of any warranty under the EPC Contract and the Operation and Maintenance Agreement, (f) such Change Order could reasonably be expected to materially impair or reduce the maximum capacity, value, efficiency, utility, output, performance, reliability, durability or availability of the Project, or materially increase Operation and Maintenance Expenses associated with the Project, or materially decrease Cash Flow, (g) s...