Common use of Consent of Trustee Clause in Contracts

Consent of Trustee. (a) Within five Business Days after the date of the meeting referred to in clause 10.5(a), the Trustee must notify the Project Manager whether or not it consents to the variation(s) proposed in the Acceleration Variation Notice. (b) If the Trustee does not notify the Project Manager under, and within the time required by, clause 10.6(a), and the report (if any) given by the Independent Engineer under clause 10.4: (i) recommends a variation proposed in the Acceleration Variation Notice, the Trustee will be deemed to have consented to the relevant variation proposed in the Acceleration Variation Notice; or (ii) does not recommend or conditionally recommends a variation proposed in the Acceleration Variation Notice or contains no recommendation in respect of the variation, the Trustee will be deemed not to have consented to the relevant variation proposed in the Acceleration Variation Notice. (c) If the Trustee consents (or is deemed to have consented) to a variation to the Target Available Date and, if applicable, the Target Cost for a Segment proposed in an Acceleration Variation Notice given under clause 10.2, the Target Available Date and, if applicable, the Target Cost for the Segment will be taken to be varied as proposed in the Acceleration Variation Notice on the date on which such consent is obtained or deemed to be obtained. (d) If the Trustee does not consent (or is deemed to have not consented) to a variation to the Target Available Date and, if applicable, the Target Cost for the Segment proposed in the Acceleration Variation Notice given under clause 10.2, the Target Available Date and, if applicable, the Target Cost for the Segment will not be varied and the Project Manager will not give effect to the proposed Acceleration.

Appears in 1 contract

Samples: Project Management Agreement

AutoNDA by SimpleDocs

Consent of Trustee. (a) Within five Business Days after the date of the meeting referred to in clause 10.5(a)13.5, the Trustee must notify the Project Manager whether or not it consents to the variation(s) proposed in the Acceleration Variation Notice. (b) If the Trustee does not notify the Project Manager under, and within the time required by, clause 10.6(a13.6(a), and the report (if any) given by the Independent Engineer under clause 10.413.4: (i) recommends a variation proposed in the Acceleration Variation Notice, the Trustee will be deemed to have consented to the relevant variation proposed in the Acceleration Variation Notice; or (ii) does not recommend or conditionally recommends a variation proposed in the Acceleration Variation Notice or contains no recommendation in respect of the variation, the Trustee will be deemed not to have consented to the relevant variation proposed in the Acceleration Variation Notice. (c) If the Trustee consents (or is deemed to have consented) to a variation to the Target Available Date and, if applicable, the Target Cost Scope of Works for a Segment proposed in an Acceleration a Variation Notice given under clause 10.2Notice, the Target Available Date and, if applicable, the Target Cost Scope of Works for the Segment will be taken to be varied as proposed in the Acceleration that Variation Notice on the date on which such consent is obtained or deemed to be obtained. (d) If clause 13.6(c) applies and the Trustee also consents (or is deemed to have consented) to a variation to the Target Available Date and/or Target Cost (as applicable) for the Segment proposed in the Variation Notice, the Target Available Date and/or Target Cost (as applicable) for the Segment will be taken to be varied as proposed in the Variation Notice on the date on which such consent is obtained or deemed to be obtained. (e) If the Trustee does not consent (or is deemed to have not consented) to a variation to the Target Available Date and, if applicable, the Target Cost Scope of Works for the a Segment proposed in the Acceleration a Variation Notice given under clause 10.213.1, the Scope of Works, Target Cost and Target Available Date and, if applicable, the Target Cost for the Segment will not be varied and the Project Manager will not give effect to the proposed Accelerationvaried.

Appears in 1 contract

Samples: Project Management Agreement

Consent of Trustee. (a) Within five Business Days after the date of the meeting referred to in clause 10.5(a14.5(a), the Trustee must notify the Project Manager whether or not it consents to the variation(s) proposed in the Acceleration Variation Notice. (b) If the Trustee does not notify the Project Manager under, and within the time required by, clause 10.6(a14.6(a), and the report (if any) given by the Independent Engineer under clause 10.414.4: (i) recommends a variation proposed in the Acceleration Variation Notice, the Trustee will be deemed to have consented to the relevant variation proposed in the Acceleration Variation Notice; or (ii) does not recommend or conditionally recommends a variation proposed in the Acceleration Variation Notice or contains no recommendation in respect of the variation, the Trustee will be deemed not to have consented to the relevant variation proposed in the Acceleration Variation Notice. (c) If the Trustee consents (or is deemed to have consented) to a variation to the Target Available Date and, if applicable, the Target Cost for a Segment proposed in an Acceleration Variation Notice given under clause 10.214.2, the Target Available Date and, if applicable, the Target Cost for the Segment will be taken to be varied as proposed in the Acceleration Variation Notice on the date on which such consent is obtained or deemed to be obtained. (d) If the Trustee does not consent (or is deemed to have not consented) to a variation to the Target Available Date and, if applicable, the Target Cost for the Segment proposed in the Acceleration Variation Notice given under clause 10.214.2, the Target Available Date and, if applicable, the Target Cost for the Segment will not be varied and the Project Manager will not give effect to the proposed Acceleration.

Appears in 1 contract

Samples: Project Management Agreement

AutoNDA by SimpleDocs

Consent of Trustee. (a) Within five Business Days after the date of the meeting referred to in clause 10.5(a)9.5, the Trustee must notify the Project Manager whether or not it consents to the variation(s) proposed in the Acceleration Variation Notice. (b) If the Trustee does not notify the Project Manager under, and within the time required by, clause 10.6(a9.6(a), and the report (if any) given by the Independent Engineer under clause 10.49.4: (i) recommends a variation proposed in the Acceleration Variation Notice, the Trustee will be deemed to have consented to the relevant variation proposed in the Acceleration Variation Notice; or (ii) does not recommend or conditionally recommends a variation proposed in the Acceleration Variation Notice or contains no recommendation in respect of the variation, the Trustee will be deemed not to have consented to the relevant variation proposed in the Acceleration Variation Notice. (c) If the Trustee consents (or is deemed to have consented) to a variation to the Target Available Date and, if applicable, the Target Cost Scope of Works for a Segment proposed in an Acceleration a Variation Notice given under clause 10.2Notice, the Target Available Date and, if applicable, the Target Cost Scope of Works for the Segment will be taken to be varied as proposed in the Acceleration that Variation Notice on the date on which such consent is obtained or deemed to be obtained. (d) If clause 9.6(c) applies and the Trustee also consents (or is deemed to have consented) to a variation to the Target Available Date and/or Target Cost (as applicable) for the Segment proposed in the Variation Notice, the Target Available Date and/or Target Cost (as applicable) for the Segment will be taken to be varied as proposed in the Variation Notice on the date on which such consent is obtained or deemed to be obtained. (e) If the Trustee does not consent (or is deemed to have not consented) to a variation to the Target Available Date and, if applicable, the Target Cost Scope of Works for the a Segment proposed in the Acceleration a Variation Notice given under clause 10.29.1, the Scope of Works, Target Cost and Target Available Date and, if applicable, the Target Cost for the Segment will not be varied and the Project Manager will not give effect to the proposed Accelerationvaried.

Appears in 1 contract

Samples: Project Management Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!