Common use of FINANCING REQUIREMENTS Clause in Contracts

FINANCING REQUIREMENTS. The Vendor acknowledges that the attainment of financing for construction of the System may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider 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 shall negotiate in good faith to adjust pricing matters, 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 shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide it has a commercially reasonable basis for such refusal.

FINANCING REQUIREMENTS. The Vendor acknowledges that the attainment of ---------------------- financing for construction of the System may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider 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 shall negotiate in good faith to adjust pricing matters, 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 shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide provided it has a commercially reasonable basis for such refusal.

FINANCING REQUIREMENTS. The Vendor acknowledges that the ---------------------- attainment of financing for construction of the System may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider 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 shall negotiate in good faith to adjust pricing matters, 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 shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide it subsection, providing Vendor has a commercially reasonable basis for such refusal.

FINANCING REQUIREMENTS. The Vendor acknowledges that the attainment of financing for construction of the System Systems may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider any reasonable amendment to or modification or assignment of this Contract Agreement 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 ’s Work in order for any Company to obtain such financing. In the event that any such amendment or modification materially increases the Vendor's ’s risk or costs hereunder, the Owner Cricket and the Vendor shall negotiate in good faith to adjust pricing matters, and to equitably adjust such other provisions of this ContractAgreement, if any, which may be affected thereby, to the extent necessary to reflect such increased risk or costs. In no event shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide provided it has a commercially reasonable basis for such refusal.

FINANCING REQUIREMENTS. The Vendor acknowledges that the attainment of financing for construction of the System Expansion may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider 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 SystemExpansion) 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 shall negotiate in good faith to adjust pricing matters, 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 shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide provided it has a commercially reasonable basis for such refusal.

FINANCING REQUIREMENTS. The Vendor acknowledges that the ---------------------- attainment of financing for construction of the System may be subject to conditions that are customary and appropriate for the providers of such financing. Therefore, the Vendor agrees to promptly consider 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 shall negotiate in good faith to adjust pricing matters, 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 shall the Vendor be required to accept any modification or amendment pursuant to this subsection provide it has a commercially reasonable basis for such refusal.