Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to Section 2.3, Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement, any settlement or waiver in writing: (i) by the Purchaser of any dispute or breach under the Energy Purchase Agreement; or (ii) by the AEDB (after taking into consideration any requisite settlement or waiver under the Master Lease) of any dispute or breach under the Site Sub-lease, shall be binding on the GOP with respect to an issue or claim, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP.
Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to [Section 2.3, Article XII, Article XIV, and Article XVI]5 of the Energy Purchase Agreement: (A) any settlement or waiver in writing (i) by the Purchaser of any dispute or breach under the Energy Purchase Agreement, or (ii) by the [Provincial Government] / [GOAJ&K] or the Seller of any dispute or breach under the Site Lease to the extent such settlement or waiver (1) does not alter or increase the obligations of the GOP under this Agreement, or (2) does not cause the GOP to be in breach of or default under this Agreement, [including a GOP Event of Default under Sections 14.1(b)(iv) or (v)]; (B) provided that the GOP was given reasonable and timely notice of and the opportunity to participate in any proceedings (initiated by the Seller or the Purchaser) concerning any dispute or breach of the Energy Purchase Agreement, any final, non-appealable order or award issued or given in any such proceedings, shall be binding on the GOP with respect to an issue or claim been settled or waived, or award been issued, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any Dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP. The GOP hereby consents, at the request of the Seller, to be timely joined in any proceedings (initiated by the Seller or the Purchaser) concerning any claim of any breach of or other dispute related to the Energy Purchase Agreement if and to the extent the 5 To be reconfirmed in execution versions. Seller’s rights or obligations under this Agreement or under the Guarantee may be affected by such proceedings.
Double Jeopardy under Certain Project Agreements. (a) Except Disputes or breaches related to Section 2.3, Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement, any settlement or waiver in writing: (i) by the Purchaser of any dispute or breach under the Energy Purchase Agreement; or (ii) by the AEDB of any dispute or breach under the Site Sub- lease, shall be binding on the GOP with respect to an issue or claim, as the case may be, based on the same facts or acts or omissions by the Seller. Settlement or waiver of any dispute or breach related to Section 2.3, and Article XII, Article XIV, and Article XVI of the Energy Purchase Agreement shall be effective only if agreed to, in writing, by both the Purchaser and the GOP. Settlement or waiver of any dispute or breach related of the Site Sub-lease shall be effective only if agreed to, in writing, by the Provincial Government.
