Common use of Delivery of Step-In Undertaking Clause in Contracts

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 5 contracts

Samples: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement

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Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 3 contracts

Samples: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in In Date, the Authority may deliver to the Material Project Contractor Design-Builder a written undertaking to the Material Project Contractor Design-Builder (the "Step-in In Undertaking") undertaking to the Material Project Contractor Design-Builder to: (a) pay or procure the payment to the Material Project ContractorDesign-Builder, within 15 Business Days of demand by the Material Project ContractorDesign-Builder, of any sum due and payable or accruing due and payable but unpaid by Project Operations Co to the Material Project Contractor Design-Builder under the Material Contract Design- Build Agreement before the Step-in Date In Date, provided that the Design-Builder has notified the Authority of such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Operations Co under the Material Contract which Design- Build Agreement that will have fallen due for performance or discharge before the Step-in In Date and of which have the Authority has been notified by the Material Project Contractor to the Authority Design-Builder in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Operations Co under the Material Contract Design-Build Agreement as a result of either any work or services performed during the Step-in In Period or any act or omission occurring during the Step-in In Period which arises from any act or omission occurring after the Step-in In Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Operations Co under the Material Contract Design-Build Agreement as a result of any act or omission occurring during the Step-in In Period which that arises from any act or omission occurring after the Step-in In Date.

Appears in 2 contracts

Samples: Lenders’ Remedies Agreement, Assignment of Master Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, Date the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date.

Appears in 2 contracts

Samples: Material Project Contractor Collateral Agreement, Material Project Contractor Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, Date the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-Step- in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Material Project Contractor Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority Owner may deliver to the Material Project Contractor Design-Builder a written undertaking to the Material Project Contractor Design-Builder (the "Step-in Undertaking") undertaking to the Material Project Contractor Design-Builder to: (a) pay or procure the payment to the Material Project ContractorDesign-Builder, within 15 Business Days of demand by the Material Project ContractorDesign-Builder, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor Design-Builder under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor Design-Builder to the Authority Owner in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor Design-Builder to the Authority Owner in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-Step- in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Design Builder Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, Date the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 3.2 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 3.2 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises arise from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Material Project Contractor Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority City may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Project Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority City in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Project Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority City in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Project Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Project Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Project Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in In Date, the Authority may deliver to the Material Project Contractor Service Provider a written undertaking to the Material Project Contractor Service Provider (the "Step-in In Undertaking") undertaking to the Material Project Contractor Service Provider to: (a) pay or procure the payment to the Material Project ContractorService Provider, within 15 Business Days of demand by the Material Project ContractorService Provider, of any sum due and payable or accruing due and payable but unpaid by Project Operations Co to the Material Project Contractor Service Provider under the Material Services Contract before the Step-in Date In Date, provided that the Service Provider has notified the Authority of such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Operations Co under the Material Services Contract which that will have fallen due for performance or discharge before the Step-in In Date and of which have the Authority has been notified by the Material Project Contractor to the Authority Service Provider in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Operations Co under the Material Services Contract as a result of either any work or services performed during the Step-in In Period or any act or omission occurring during the Step-in In Period which arises from any act or omission occurring after the Step-in In Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Operations Co under the Material Services Contract as a result of any act or omission occurring during the Step-in In Period which that arises from any act or omission occurring after the Step-in In Date.

Appears in 1 contract

Samples: Assignment of Master Agreement

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Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Material Project Contractor Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority City may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in “Step‑in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Project Contract before the Step-Step- in Date provided such amounts sums have been notified by the Material Project Contractor to the Authority City in accordance with Sections 3.3 [Notice of Obligations and 3.4Step-In Undertaking] and 3.4 [Update of Obligations]; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Project Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority City in accordance with Sections 3.3 [Notice of Obligations and 3.4Step-In Undertaking] and 3.4 [Update of Obligations]; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Project Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Project Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Project Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority may deliver to the Material Project Contractor Contract Party a written undertaking to the Material Project Contractor Contract Party (the "Step-in Undertaking") undertaking to the Material Project Contractor Contract Party to: (a) pay or procure the payment to the Material Project ContractorContract Party, within 15 Business Days of demand by the Material Project ContractorContract Party, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor Contract Party under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor Contract Party to the Authority in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor Contract Party to the Authority in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Material Contract Party Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority may deliver to the Material Project Contractor a written undertaking to the Material Project Contractor (the "Step-in Undertaking") undertaking to the Material Project Contractor to: (a) pay or procure the payment to the Material Project Contractor, within 15 Business Days of demand by the Material Project Contractor, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 [Notice of Obligations and 3.4Step-In Undertaking] and 3.4 [Update of Obligations]; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor to the Authority in accordance with Sections 3.3 [Notice of Obligations and 3.4Step-In Undertaking] and 3.4 [Update of Obligations]; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Collateral Agreement

Delivery of Step-In Undertaking. On or before the Proposed Step-in Date, the Authority Province may deliver to the Material Project Contractor Contract Party a written undertaking to the Material Project Contractor Contract Party (the "Step-in Undertaking") undertaking to the Material Project Contractor Contract Party to: (a) pay or procure the payment to the Material Project ContractorContract Party, within 15 Business Days of demand by the Material Project ContractorContract Party, of any sum due and payable or accruing due and payable but unpaid by Project Co to the Material Project Contractor Contract Party under the Material Contract before the Step-in Date provided such amounts have been notified by the Material Project Contractor Contract Party to the Authority Province in accordance with Sections 3.3 and 3.4; (b) perform or discharge or procure the performance or discharge of any unperformed or undischarged obligations of Project Co under the Material Contract which will have fallen due for performance or discharge before the Step-in Date and which have been notified by the Material Project Contractor Contract Party to the Authority Province in accordance with Sections 3.3 and 3.4; (c) pay or procure the payment of any sum due and payable by Project Co under the Material Contract as a result of either any work or services performed during the Step-in Period or any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date; and (d) perform or discharge or procure the performance or discharge of any obligations of Project Co under the Material Contract as a result of any act or omission occurring during the Step-in Period which arises from any act or omission occurring after the Step-in Date.

Appears in 1 contract

Samples: Material Contract Party Collateral Agreement

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