Common use of INDEPENDENT ENGINEER'S REPORT; CERTIFICATE Clause in Contracts

INDEPENDENT ENGINEER'S REPORT; CERTIFICATE. The Administrative Agent shall have received, with a copy for each Lender, a report of the Independent Engineer dated not more than ten (10) days prior to the date of such Equity Withdrawal, reasonably satisfactory in form and substance to the Administrative Agent, to the effect that construction of the Project is proceeding satisfactorily in accordance with the Construction Contract, the Backhaul Agreements and within the overall Project Budget, and each of the Critical Timetable Events set forth in the Project Timetable to be completed by such date have been completed. The Independent Engineer's report pursuant to this clause (c) shall also disclose any events or changes that have occurred since the date of the last report delivered to the Lenders that has had or could have a Material Adverse Effect. On the date of such Equity Withdrawal, the Administrative Agent shall have received, with a copy for each Lender, a certificate from the Independent Engineer, dated such date and stating that in its reasonable judgment (based upon Contractor performance to date in achieving scheduled milestones and upon industry-wide performance and taking into account any changes in resource allocation and in the overall construction program), the Contractor will achieve the next Critical Timetable Event (and similar milestones will accordingly be achieved pursuant to the Backhaul Agreements), on or before the time required in the Project Timetable and the next Acceptance (if any) can be expected to occur prior to the relevant Required Applicable Acceptance Date.

INDEPENDENT ENGINEER'S REPORT; CERTIFICATE. The Except in relation to an initial borrowing made within one month of the Closing Date, the Administrative Agent shall have received, with a copy for each Lender, a report of the Independent Engineer dated not more than ten within five (105) days prior to of the date Independent Engineer's receipt of such Equity Withdrawala Construction Progress Report, reasonably satisfactory in form and substance to the Administrative Agent, to the effect that construction of the Project is proceeding satisfactorily in accordance with the Construction Contract, the Backhaul Agreements and within the overall Project Budget, and each of the Critical Timetable Events set forth in the Project Timetable to be completed by such date have been completed. The Independent Engineer's report pursuant to this clause (c) shall also disclose any events or changes that have occurred since the date of the last report delivered to the Lenders that has have had or could have a Material Adverse Effect. On the date of such Equity WithdrawalConstruction Loan, the Administrative Agent shall have received, with a copy for each Lender, a certificate from the Independent Engineer, dated such date and stating that in its reasonable judgment (based upon Contractor performance to date in achieving scheduled milestones and upon industry-wide performance and taking into account any changes in resource allocation and in the overall construction program), the Contractor will achieve the next Critical Timetable Event (and similar milestones will accordingly be achieved pursuant to the Backhaul Agreements), ) on or before the time required in the Project Timetable and the next Acceptance (if any) can be expected to occur prior to the relevant Required Applicable Acceptance Date, and the Independent Engineer has received the Construction Progress Report(s) delivered since the preceding Borrowing Date, which shall be true and correct in all material respects, and, in the reasonable judgment of the Independent Engineer, payments made pursuant to the Backhaul Agreements have been made in accordance with the provisions of such agreements and payments made to the Contractor have been made in accordance with the provisions of the Construction Contract.