Common use of Costs and Liabilities Clause in Contracts

Costs and Liabilities. incur any costs or liabilities in connection with the operation of the Project and the carrying out of its rights and obligations under the DBFO Contract otherwise than: (i) as contemplated in the Project Budget most recently delivered by the Borrower to the Lenders pursuant to clause 12 (Project Budgets) as the same may be agreed pursuant to clause 12.3 (Agreement of Project Budget); or (ii) as required to comply with its obligations under any Project Document provided that, if the incurring of such liability would result in the aggregate of costs and liabilities incurred and forecast to be incurred in the financial year covered by the Project Budget being in excess of the amount stated in the Project Budget, the payment of such excess can be funded from: (A) funds made available pursuant to the DBFO Contract (other than funds which are or will be required on (or on the Payment Date next following) receipt thereof to be applied under the terms and conditions of the agreement(s) evidencing the relevant indebtedness in accordance with clause 12.3 of the Intercreditor Agreement); and/or (B) the (pound)100,000 balance that is to stand to the credit of the Operating Account; and/or (C) the proceeds of any share subscription or subordinated loans permitted hereunder which have been received or have been

Costs and Liabilities. incur Incur any costs or liabilities in connection with the operation of the Project and the carrying out of its rights and obligations under the DBFO Contract otherwise than: (i) as contemplated in the Project Budget most recently delivered by the Borrower to the Lenders Agent pursuant to clause 12 Clause 16 (Project Budgets) as the same may be agreed pursuant to clause 12.3 Clause 16.3 (Agreement of Project Budget); or (ii) as required to comply with its obligations under any Project Document provided that, if the incurring of such liability would result in the aggregate of costs and liabilities incurred and forecast to be incurred in the financial year covered by the Project Budget being in excess of the amount stated in the Project Budget, the payment of such excess can be funded from: (Aa) funds made available pursuant to the DBFO Contract (other than funds which are or will be required on (or on the Payment Repayment Date next following) receipt thereof to be applied under the terms and conditions of the agreement(sagreements(s) evidencing the relevant indebtedness in accordance with clause Clause 12.3 of the Intercreditor Agreement); and/or (Bb) the (pound)100,000 balance that is to stand to the credit of the Operating AccountAmount; and/or (Cc) the proceeds of any share subscription or subordinated loans permitted hereunder which have been received or have beenbeen unconditionally committed (but, if committed, the commitment must be given by counterparties and in form and substance satisfactory to the Majority Banks);