Consultation and Agreement. Immediately following the notification referred to in Clause 9.1 (Market Disruption), the Borrower and the Facility Agent, in consultation with the Lenders, shall negotiate in good faith with a view to agreeing upon a substitute basis for funding an Advance or the Loan, as the case may be, and determining the applicable interest rate. If a substitute basis is agreed in writing within 30 days after such notification or such longer period for discussion as the Borrower and the Facility Agent acting on the instructions of the Lenders may agree, that substitute basis shall take effect in accordance with its terms.
Consultation and Agreement. 21.1 The Corporation will consult with Government and HKITP on the establishment of reasonable operating, safety and maintenance standards for the Penny’s Bay Rail Link, including the operating hours of the Penny’s Bay Rail Link which, subject to the provisions of the Operating Agreement (as may be amended from time to time), will normally be between 0610 and 0045.
21.2 Three utility crossings of the Penny’s Bay Rail Link, one of which shall be located at the West Resort Road Bridge, another of which shall be located approximately 300 metres south of the southern portal of the Xxx Xxx Xxxx tunnel, and the other of which shall be located at the VEPA, shall be constructed by Government. Government will consult with, and wherever applicable incorporate the suggestions of, HKITP and the Corporation regarding the design and construction of such utility crossings.
21.3 Without prejudice to the Deed of Restrictive Covenant, the Corporation shall not, without the prior written consent of Government and HKITP:
21.3.1 grant any interest or grant any consent or approval or do any similar thing in respect of the land in the Height Control Zone which has the effect of granting the right to carry out Building Works or permitting or approving Building Works in the Height Control Zone; or
21.3.2 carry out any Building Works in the Height Control Zone; which exceed the height limits imposed in Clause 4 of the Deed of Restrictive Covenant.
21.4 Without prejudice to the Deed of Restrictive Covenant, the Corporation shall not, without the prior written consent of Government and HKITP:
21.4.1 grant any interest or grant any consent or approval or do any similar thing in respect of the land in the Visual Buffer Zone which has the effect of granting the right to carry out Building Works or permitting or approving Building Works in the Visual Buffer Zone;
21.4.2 carry out any Building Works in the Visual Buffer Zone;
21.4.3 set off or permit the setting off of any fireworks or pyrotechnics displays in the Visual Buffer Zone or project any skyward laser beams or search lights on or from the Visual Buffer Zone; or
21.4.4 direct or permit the direction of exterior artificial light sources in the Visual Buffer Zone other than to the ground and it shall shield or procure the shielding of individual light sources from view by opaque xxxxxxx so that such light sources are not visible from the Disney Park.
21.5 The Corporation shall not, without the prior written consent of Government an...
Consultation and Agreement. Immediately following the notification referred to in Clause 9.1, the Borrower and the Lender shall negotiate in good faith with a view to agreeing upon a substitute basis for determining the applicable interest rate. If a substitute basis is agreed within a period of 30 days after such notification or such longer period for discussion as the Borrower and the Lender may agree, that substitute basis shall take effect in respect of such Interest Period in accordance with its terms.
Consultation and Agreement. Immediately following the notification referred to in clause 9.1 (Market Disruption), the Borrower and the Lender shall negotiate in good faith with a view to agreeing upon a substitute basis for funding the Loan and determining the applicable interest rate. If a substitute basis is agreed within a period of 30 days after such notification or such longer period for discussion as the Borrower and the Lender may agree, that substitute basis shall take effect in accordance with its terms. 12 The convention is 360 days for US Dollars and Euro and 365 days for Sterling. Check compatibility of day count with Xxxxxx's systems. 13 Substitute basis is relevant only where the Lender is required to determine LIBOR pursuant to independent sources. If the Lender has its own definition of LIBOR, clause 9 in its entirety can be deleted.
Consultation and Agreement. This Agreement is to provide the restructuring process necessary to develop the Brisbane operations of Parmalat to a level of international competitiveness. Implementation of change will only come about through consultation with the employees concerned.
Consultation and Agreement. Following the notification, both parties shall consult with each other in good faith and attempt to agree on appropriate terms to mitigate the effects of the Force Majeure Event and to facilitate the continued performance of the Agreement.
