Financing Parties Requirements. The Vendor acknowledges that the Owner represents that attainment of financing for construction of the Nationwide Network may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to execute promptly any reasonable amendment to or modification or assignment of this Contract required by such providers (including, without limitation, any pertinent industrial development authority or other similar governmental agency issuing bonds for financing of the System) which do not materially modify the scope of the Vendor's Work in order to obtain such financing. In the event that any such amendment or modification materially increases the Vendor's risk or costs hereunder, the Owner and the Vendor will negotiate in good faith to adjust the Contract Price, and to equitably adjust such other provisions of this Contract, if any, which may be affected thereby, to the extent necessary to reflect such increased risk or costs. In no event will the Vendor be required to accept any modification or amendment pursuant to this subsection 27.16 which places material increased risk on the Vendor or otherwise materially modifies the scope of the Vendor's Work, if, in the Vendor's reasonable opinion, such materially increased risk or material modification in the Work is not otherwise adequately addressed by the Owner or otherwise. The Vendor will be responsible for and pay all costs as a result of the Vendor's unreasonable refusal to promptly comply with the request for any such modification or amendment made by any provider of financing described in this subsection 27.16.
Financing Parties Requirements. The Vendor acknowledges that Reliance represents that attainment of financing for construction of the Broadband Access Reliance Network may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor shall execute promptly any reasonable amendment to or modification of the Documents required by such providers (including, without limitation, any pertinent industrial development authority or other similar governmental agency issuing bonds for financing of any portion of the Broadband Access Reliance Network) in order to obtain such financing, 101 and Reliance shall reimburse the Vendor for related reasonable actual out-of-pocket costs incurred by the Vendor. The Vendor shall be responsible for and pay all costs as a result of the Vendor’s or its Subcontractors’ failure to promptly comply with the request for any such modification or amendment made by any provider of financing described in this Section 24.13.
Financing Parties Requirements. Contractor acknowledges that FPL may borrow certain funds from the Financing Parties for the construction of the Plant and that, as a condition to making loans to FPL, the Financing Parties may from time to time require certain documents from, and agreements by, Contractor and its Subcontractors and Vendors. In connection therewith, Contractor agrees to furnish to the Financing Parties, and to cause its Subcontractors and Vendors to furnish to the Financing Parties, such written information, certificates, copies of invoices and receipts, lien waivers (upon payment), affidavits, consents to assignment of the Contract Documents and other like documents as the Financing Parties may reasonably request. In addition, Contractor agrees to accept all revisions or amendments to the Contract Documents which are reasonably requested by the Financing Parties in order to facilitate Financial Closing, provided that such revisions or amendments are of a nature typically obtained by financing parties in non-recourse financing. Upon the request of the Financing Parties, as a condition precedent to Financial Closing, Contractor shall state in writing whether or not it is satisfied with FPL’s performance to that date.
Financing Parties Requirements. The Vendor acknowledges that the ------------------------------ Owner represents that attainment of financing for construction of the Nationwide Network may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to execute promptly any reasonable amendment to or modification of this Contract required by such providers (including, without limitation, any pertinent industrial development authority or other similar governmental agency issuing bonds for financing of the System) in order to obtain such financing. In the event that any such amendment or modification materially increases the Vendor's risk or costs hereunder, the Owner and the Vendor will negotiate in good faith to adjust the Contract Price, and to equitably adjust such other provisions of this Contract, if any, which may be affected thereby, to the extent necessary to reflect such increased risk or costs. Amendments or modifications not materially increasing the Vendor's risk or costs will be made without charge by the Vendor. The Vendor will be responsible for and pay all costs as a result of the Vendor's or its Subcontractors' failure to promptly comply with the request for any such modification or amendment made by any provider of financing described in this subsection.
Financing Parties Requirements. 92 16.13 Owner Review, Comment and Approval............................93 16.14 Discretion....................................................93 16.15 Time is of the Essence........................................93 16.16 Conditions Precedent to Effective Date; Notice to Proceed.....93 16.17
Financing Parties Requirements. Contractor acknowledges that ------------------------------ Owner represents that attainment of financing for construction of the Xxxxx Complex may be subject to conditions that are customary and appropriate for the Financing Parties. Therefore, Contractor agrees to execute promptly any reasonable amendment to or modification or assignment of this Contract required by such Financing Parties (including, without limitation, any pertinent industrial development authority or other similar governmental agency issuing bonds for financing of the Xxxxx Project) or other entities providing financing for the Work in order to obtain such financing. In the event that any such amendment or modification materially increases Contractor's risk or costs hereunder, Owner and Contractor will negotiate in good faith to adjust the Contract Amount, and to equitably adjust such other provisions of this Contract, if any, which may be affected thereby, to the extent necessary to reflect such increased risk or cost. Amendments or modifications not materially increasing Contractor's risks or costs shall be made without charge by Contractor. Contractor shall be responsible for and pay all taxes and costs as a result of Contractor's or its Subcontractors' failure to promptly comply with the Financing Parties' request for any such modification or amendment.
Financing Parties Requirements. Contractor acknowledges that Owner or an Affiliate thereof may borrow certain funds from the Financing Parties for the construction of the Plant and that, as a condition to making loans to Owner or such Affiliate, the Financing Parties may from time to time require certain documents from, and agreements by, Contractor and its Subcontractors and Vendors. In connection therewith, Contractor agrees to furnish to the Financing Parties, and to cause its Subcontractors and Vendors to furnish to the Financing Parties, such written information, certificates, copies of invoices and receipts, lien waivers (upon payment), affidavits, consents to assignment of the Contract Documents and other like documents as the Financing Parties may reasonably request. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURES APPEAR ON FOLLOWING PAGE.]
