Compensation Events. (a) If, as a direct result of the occurrence of a Compensation Event, the Development Entity becomes aware that the Compensation Event has caused or is likely to cause the Development Entity to: (i) fail to achieve CNG Readiness in respect of any Project Site by the applicable CNG Readiness Deadline or (following the applicable CNG Readiness Deadline) suffer further delay in the achievement of CNG Readiness at such Project Site; and/or (ii) fail to achieve Site Completion in respect of any of the Project Sites by the Site Completion Deadline; and/or (iii) fail to comply with its obligations under this PPA; and/or (iv) incur costs or lose revenue, then the Development Entity is entitled to claim: (A) an extension to the CNG Readiness Deadline in respect of such Project Site and/or (following the occurrence of the applicable CNG Readiness Deadline) the applicable Long Stop Deadline and/or the Site Completion Deadline (as relevant); and/or (B) relief from compliance with its obligations under this PPA; and/or (C) compensation for any Change in Costs that the Development Entity will incur or suffer (as relevant) as a direct result of such Compensation Event; and/or (D) following the achievement of CNG Readiness in respect of the first Project Site, compensation for Infrastructure Fees that would have been payable in respect of such Project Site but for the failure to achieve CNG Readiness or Site Completion in respect of the applicable Project Site as a direct result of such Compensation Event; in each case in accordance with this Article 12 (Supervening Events).
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Samples: Public Private Transportation Partnership Agreement, Public Private Transportation Partnership Agreement
Compensation Events. (a) If, as a direct result of the occurrence of a Compensation Event, the Development Entity becomes aware that the Compensation Event has caused or is likely to cause the Development Entity to:
(i) fail to achieve CNG Readiness in respect of any Project Site commence the Construction Work by the applicable CNG Readiness Construction Commencement Deadline or (following the applicable CNG Readiness Construction Commencement Deadline) suffer further delay in the commencement of the Construction Work; and/or
(ii) fail to achieve Substantial Project Completion by the Substantial Project Completion Deadline or (following the Substantial Project Completion Deadline) suffer further delay in the achievement of CNG Readiness at such Substantial Project Site; and/or
(ii) fail to achieve Site Completion in respect of any of the Project Sites by the Site Completion DeadlineCompletion; and/or
(iii) fail to comply with its obligations under this PPA; and/or
(iv) incur costs or lose revenue, then the Development Entity is entitled to claim:
(A) an extension to the CNG Readiness Construction Commencement Deadline in respect of such and/or the Substantial Project Site Completion Deadline and/or (following the occurrence of the applicable CNG Readiness Substantial Project Completion Deadline) the applicable Long Stop Deadline and/or the Site Completion Deadline (as relevant); and/or
(B) relief from compliance with its obligations under this PPA; and/or
(C) compensation for any Change in Costs that the Development Entity will incur or suffer (as relevant) as a direct result of such Compensation Event; and/or
(D) following the achievement of CNG Readiness in respect of the first Project Site, compensation for Infrastructure Fees that would have been payable in respect of such Project Site but for the failure to achieve CNG Readiness or Site Completion in respect of the applicable Project Site as a direct result of such Compensation Event; in each case in accordance with this Article 12 (Supervening Events); and/or
(D) compensation for any additional financing costs that the Development Entity will incur as a direct result of Milestone Payments and/or Availability Payments being received later than they otherwise would have been had it not been for the occurrence of such Compensation Event.
Appears in 1 contract
Samples: Public Private Transportation Partnership Agreement
Compensation Events. (a) If, as a direct result of the occurrence of a Compensation Event, the Development Entity becomes aware that the Compensation Event has caused or is likely to cause the Development Entity to:
(i) fail to achieve CNG Readiness in respect of any Project Site by the applicable CNG Readiness Deadline or (following the applicable CNG Readiness Deadline) suffer further delay in the achievement of CNG Readiness at such Project Site; and/or
(ii) fail to achieve Site Completion in respect of any of the Project Sites by the Site Completion Deadline; and/or
(iii) fail to comply with its obligations under this PPA; and/or
(iv) incur costs or lose revenue, then the Development Entity is entitled to claim:
(A) an extension to the CNG Readiness Deadline in respect of such Project Site and/or (following the occurrence of the applicable CNG Readiness Deadline) the applicable Long Stop Deadline and/or the Site Completion Deadline (as relevant); and/or
(B) relief from compliance with its obligations under this PPA; and/or
(C) compensation for any Change in Costs that the Development Entity will incur or suffer (as relevant) as a direct result of such Compensation Event; and/or
(D) following the achievement of CNG Readiness in respect of the first Project Site, compensation for Infrastructure Fees that would have been payable in respect of such Project Site but for the failure to achieve CNG Readiness or Site Completion in respect of the applicable Project Site as a direct result of such Compensation Event; in each case in accordance with this Article 12 (Supervening Events).;
Appears in 1 contract
Samples: CNG Fueling for Transit Agencies Partnership Project Public Private Transportation Partnership