Implementation of Novation Sample Clauses

Implementation of Novation. If the Material Project Contractor consents or is deemed to have consented to a novation pursuant to a Proposed Novation Notice, then on the Proposed Novation Date: (a) the Proposed Substitute will become a party to the Material Contract in place of Project Co and, thereafter, will be treated as if it was and had always been named as a party to the Material Contract in place of Project Co; and (b) the Material Project Contractor, Project Co and the Proposed Substitute will enter into a novation agreement (the "Novation Agreement") and any other requisite agreements, in form and substance satisfactory to the Material Project Contractor, acting reasonably, pursuant to which: (1) the Proposed Substitute will be granted all of the rights of Project Co under the Material Contract; and (2) the Proposed Substitute will assume all of the obligations and liabilities of Project Co under the Material Contract.
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Implementation of Novation. If the Province consents to a novation pursuant to a Proposed Novation Notice, then on the Proposed Novation Date: 5.5.1 the Proposed Substitute Concessionaire will become a party to the Concession Agreement (in such capacity, the “Suitable Substitute Concessionaire”) in place of the Concessionaire and thereafter will be treated as if it was named as a party thereto in place of the Concessionaire; 5.5.2 subject to Section 43 [Effect of Termination] of the Concession Agreement, the Province and BCTFA will be released from all of their obligations to the Concessionaire under the Concession Agreement and all rights of the Concessionaire against the Province and BCTFA under the Concession Agreement will be cancelled and terminate; 5.5.3 the Province, BCTFA, the Concessionaire and the Suitable Substitute Concessionaire will enter into a novation agreement and any other requisite agreements in form and substance satisfactory to the Province, acting reasonably, pursuant to which the Suitable Substitute Concessionaire will be granted all of the rights and assume all of the obligations and liabilities of the Concessionaire under the Concession Agreement (whether actual, accrued, contingent or otherwise and whether arising on, before or after the Novation Effective Date) and the Concessionaire will be released from any obligations or liabilities under or in connection with the Concession Agreement which arise from and after the date of the novation agreement, provided that the Province and BCTFA will not be in breach of any of their obligations hereunder if the Suitable Substitute Concessionaire or the Concessionaire fails to enter into such agreements; 5.5.4 the Province and BCTFA will owe their respective obligations under the Concession Agreement arising on and after the Novation Effective Date to the Suitable Substitute Concessionaire and the receipt, acknowledgement or acquiescence of the Suitable Substitute Concessionaire will be a good discharge; 5.5.5 the Province and BCTFA will enter into a direct agreement with the senior funders or the agent acting on behalf of the senior funders lending to the Suitable Substitute Concessionaire on substantially the same terms as this Agreement; 5.5.6 any Availability/Performance Deductions and Warning Notices that arose or were given prior to the Proposed Novation Date will be cancelled; and 5.5.7 any then subsisting grounds for termination of the Concession Agreement by the Province will be deemed to have no effect and ...
Sample 1
Implementation of Novation. If the Construction Contractor consents to a novation pursuant to a Proposed Novation Notice (or is deemed to have given such consent pursuant to Clause 4.4.2) then on the Effective Novation Date: 4.6.1 the Proposed Substitute shall become a party to the Construction Contract (in such capacity, the “Substitute”) in place of the Contractor and thereafter shall be treated as if it were named as a party to the Construction Contract in place of the Contractor; 4.6.2 the Contractor and the Substitute shall enter into a novation agreement and any other requisite agreements pursuant to which the Substitute shall be granted all of the rights and assume all of the obligations and liabilities of the Contractor under the Construction Contract (whether actual, accrued, contingent or otherwise and whether arising on, before or after the Effective Novation Date); [and] 4.6.3 the Construction Contractor shall release the Lead Authority from any Step-In Undertaking given by it to the extent that the obligations of the Lead Authority under the Step-In Undertaking which have accrued up to the Effective Novation Date shall have been discharged; [and] 4.6.4 [the Contractor shall assign, novate or otherwise transfer to the Substitute, on terms reasonably requested by the Substitute, the Construction Contract Parent Company Guarantee and the Contractor and the Guarantor irrevocably confirm their consent to any such assignment, novation or other transfer and their agreement to the provisions of such guarantee applying mutatis mutandis to the Construction Contract as assigned, novated or otherwise transferred under this Agreement.]
Sample 1

Related to Implementation of Novation

  • Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.

  • Implementation of Changes If Tenant: (i) approves in writing the cost or savings and the estimated extension in the time for completion of Landlord’s Work, if any, and (ii) deposits with Landlord any Excess TI Costs required in connection with such Change, Landlord shall cause the approved Change to be instituted. Notwithstanding any approval or disapproval by Tenant of any estimate of the delay caused by such proposed Change, the TI Architect’s determination of the amount of Tenant Delay in connection with such Change shall be final and binding on Landlord and Tenant.

  • Implementation of the Agreement Regulations of this Agreement relating to investments who investors of one Contracting Party realized before or after the entry into force of this Agreement, with what shall apply from the moment of its entry into force, provided that such investments conducted in accordance with the laws of that Party Contracting.

  • Implementation and Review The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Chapter and consider other matters of mutual interest affecting trade in services. (10) 10 Such consultations will be addressed under Article 170 (Free Trade Commission) of Chapter 14 (Administration of the Agreement).

  • Implementation Plan The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.9.

  • Implementation of the Report 1. The Panel report shall be final and binding on the disputing Parties. 2. If the report issued by the Panel determines that a Party has not conformed with its obligations under this Agreement, the Party complained against shall eliminate the non- conformity. 3. The Party complained against shall comply with the recommendation of the Panel promptly or, if not practicable, within a reasonable period of time. The Parties shall agree on reasonable period of time within 30 days of the notification of the report of the Panel. In any case, such reasonable period of time shall not exceed 300 calendar days after the release of the report.

  • Implementation i) Where the job/time sharing arrangement arises out of the filling of a vacant full-time position, the full-time position will be posted first and in the event that there are no successful applicants, then both job/time sharing positions will be posted and selection will be based on the criteria set out in the Collective Agreement. ii) An incumbent full-time employee wishing to share her or his position may do so without having her or his half of the position posted. The other half of the job/time sharing position will be posted and selection will be made on the criteria set out in the Collective Agreement. iii) It is understood and agreed that the arrangement is for a trial period of six (6) months for the full-time employee originating the request. Once the trial period is over, the employee cannot revert to her former position except under (v) below. iv) Where two (2) full-time employees wish to job/time share one (1) position, neither half will be posted providing this would create one (1) full-time position to be posted and filled according to the collective agreement. v) If one of the job/time sharers leaves the arrangement, her or his position will be posted. If there is no successful applicant to the position, the remaining employee will revert to her or his former status. If the remaining employee was previously full-time, the shared position will become her/his position. If the remaining employee was previously part-time and there is no part-time position available, she or he shall exercise her or his layoff bumping rights to obtain a part-time position. The shared position would then revert to a full-time position and be posted according to the Collective Agreement.

  • Implementation of Corrective Action Plan After the Corrective Action Plan is finalized, the Purchasers shall use reasonable best efforts to implement the finalized Corrective Action Plan on the timeline set forth therein and provide periodic reports (as provided for therein) to the Sellers on the status of their implementation of the Corrective Action Plan.

  • Implementation Report Within 150 days after the Effective Date, Ensign Group shall submit a written report to OIG summarizing the status of its implementation of the requirements of this CIA (Implementation Report). The Implementation Report shall, at a minimum, include: 1. the name, address, phone number, and position description of the Compliance Officer required by Section III.A, and a summary of other noncompliance job responsibilities the Compliance Officer may have; 2. the names and positions of the members of the Compliance Committee required by Section III.A; 3. the names and positions of the members of the Board of Directors who are responsible for satisfying the Board of Directors compliance obligations described in Section III.A.3; 4. a copy of Ensign Group’s Code of Conduct required by Section III.B.1; 5. the number of individuals required to complete the Code of Conduct certification required by Section III.B.1, the percentage of individuals who have completed such certification, and an explanation of any exceptions (the documentation supporting this information shall be available to OIG upon request); 6. a summary of all Policies and Procedures required by Section III.B (copies of the Policies and Procedures shall be made available to OIG upon request); 7. the following information regarding each type of training required by Section III.C: a. a description of such training, including a summary of the topics covered, the length of sessions, and a schedule of training sessions; b. the number of individuals required to be trained, percentage of individuals actually trained, and an explanation of any exceptions. A copy of all training materials and the documentation supporting this information shall be made available to OIG upon request. 8. a description of the Disclosure Program required by Section III.E; 9. the following information regarding the IRO(s): (a) identity, address, and phone number; (b) a copy of the engagement letter; (c) information to demonstrate that the IRO has the qualifications outlined in Appendix A to this CIA; (d) a summary and description of any and all current and prior engagements and agreements between Ensign Group and the IRO; and (e) a certification from the IRO regarding its professional independence and objectivity with respect to Ensign Group; 10. a description of the process by which Ensign Group fulfills the requirements of Section III.F regarding Ineligible Persons; 11. a list of all of Ensign Group’s locations (including locations and mailing addresses); the corresponding name under which each location is doing business; the corresponding phone numbers and fax numbers; each location’s Medicare and state Medicaid program provider number and/or supplier number(s); and the name and address of each Medicare and state Medicaid program contractor to which Ensign Group currently submits claims; 12. a description of Ensign Group’s corporate structure, including identification of any parent and sister companies, subsidiaries, and their respective lines of business; and

  • Construction of Agreement The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.

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