Economic Viability Clause Samples
The Economic Viability clause defines the conditions under which a party may assess whether continuing with a contract or project remains financially feasible. Typically, this clause allows a party to review economic factors such as costs, revenues, or market changes, and to terminate or renegotiate the agreement if the project is no longer profitable or sustainable. Its core function is to protect parties from being bound to obligations that have become economically impractical, thereby allocating risk and ensuring that commitments remain reasonable in changing financial circumstances.
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Economic Viability. 4.1. This agreement is subject to the resolutive condition that if the seller decides, based on the response which it is to receive to its marketing campaign and the number of sales which it may conclude in respect of ▇▇▇▇▇ falling within the development, that the development is not commercially viable, it may resile from this agreement.
4.2. The seller shall have until 31 January 2012 to resile from this agreement if it is not satisfied with the economic viability of the development. If the seller elects to resile from this agreement, written notification thereof shall be given to the purchaser, in which event this agreement shall have no further force and effect.
Economic Viability. According to ▇▇▇▇▇ (2014: 27), there are four main methods used for economic viability evaluation, namely: payback period, net present value, discounted payback period, and internal rate of return methods. However, new probabilistic and statistical methods were developed because of partnering projects’ long lead time and long operation period with various uncertainties, which bring risk into capital investment evaluation decisions. Economic viability depends on different factors, such as: • long term demand for the service offered by the project; • sufficient profitability of the project to attract lenders, and • limited competition from other projects (Zatar 2014: 27). While the economic viability of partnering is essential for the success of partnering arrangements, assessment of a partnership formation needs to take cognisance of the imbalances and inconsistencies that may arise when assessing potential partners from different economic backgrounds and scale. Economic viability of a partnership is based on the understanding and adoption of shared goals and vision between the potential partnering parties (Zatar 2014: 28).
Economic Viability. Section 15.6 of the Development Agreement is hereby deleted in its entirety and replaced with the following:
Economic Viability. Buyer must have determined, on or before the Contingency Date, in its sole and absolute discretion, that it intends to move forward with construction of the Delano Ice Park Project. The “Contingency Date” is January 9, 2024. If any of the foregoing contingencies have not been satisfied on or before the stated date, then this Agreement may be terminated, at Buyer’s option, by written notice from Buyer to Seller. Such notice of termination may be given at any time on or before the Closing Date. Upon such termination (a) Buyer and ▇▇▇▇▇▇ will execute a recordable written termination of this Agreement, which will include ▇▇▇▇▇’s quit claim of any interest in and to the Property, and (b) upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies set forth in this Agreement are specifically stated and agreed to be for the sole and exclusive benefit of the Buyer and the Buyer will have the right to unilaterally waive any contingency by written notice to Seller.
Economic Viability. If any of the following apply:
(a) sales of Generic Products in the Territory result in an erosion of 60% or more of the price of Products in the Territory from the price at First Commercial Sale;
(b) fluctuations in the exchange rate between the South Korean won and US dollar for a continuous period of more than two (2) months, resulting in a differential of higher than twenty per cent (20%) in comparison to the exchange rate in force on the date of signature of this Agreement; or
(c) the official Korean reimbursement price for a Product as determined from time to time by the respective governmental authority shows dramatic change (that is to say, at the end of any two month period there has been a more than 10% aggregate increase or decrease), the Parties shall meet together either face to face or by telephone conference to discuss how to proceed, including without limitation adjusting NHIP with the consent of both Parties..
Economic Viability. This element includes a review and projection of the economic viability of the community based on existing and projected commercial/ industrial activities and employment included in the comprehensive/master plan and their impacts on the other elements of the plan.
Economic Viability. Purchaser's determination, in its sole and absolute discretion, of the economic viability of this purchase of the Property for Purchaser's intended use prior to the expiration of the Conditions Period.
Economic Viability. The economic viabilities of project beneficiaries with a multiplier effect: awareness, leadership, training and capacity-Generating Activities Revenues should allow parents to eventually have sufficient income to enable them not only to provide schooling and basic needs of their children, but also other family members who are experiencing the same problems of education and access to basic health care.
Economic Viability. For the purpose of this Lease, “economic”, “economic viability”, or “economically viable” shall be based on conditions that are reasonable and generally accepted by the mining industry and may be determined by reference to the Exploration Area or Production Lease Area taken as a whole or to the interest of the Lessee or, if the Lessee is comprised of more than one person, the interest of each such person and a reasonable debt/equity structure. In addition, if the Exploration Area or Production Lease Area hosts only part of a Mineral Resource, the rest of which is located on lands administered under the NTNMR, reference may be made to the total of the Mineral Resource and the mineral resources on the lands administered under the NTNMR.
Economic Viability. Company shall not be obligated to offer or to continue to offer a Variable Annuity Product if the Company concludes, in its sole discretion, that the economics of the Product do not meet any reasonable profitability standards established by the Company for similar products; provided, however, that the Company continues to provide sufficient resources to fulfill such product support and service level standards with respect to any in-force Variable Annuity Product, if any, as has been mutually agreed to by the parties in writing.
