Interaction with Project Agreement Clause Samples

Interaction with Project Agreement. (a) Notwithstanding any other provision of this Project Implementation Agreement, to the extent that Project Co is or becomes obligated under the Project Agreement to take any action, do anything or perform any obligation in connection with the Project (other than the Excluded Obligations), Operations Co agrees that, except as otherwise specified herein, it will be obligated to take any such action, do any such thing or perform any such obligation under this Project Implementation Agreement in the manner and to the standard specified herein or, in the absence of any such standard, any standard specified in the Project Agreement. (b) Where the Authority has the right to exercise any discretion, grant or refuse to grant an approval, accept or refuse to accept a request or submission, make any determination or confirm its satisfaction under the Project Agreement in respect of any matter, and Project Co has a corresponding right to exercise any discretion, grant or refuse to grant an approval, accept or refuse to accept a 34985-2017 25902380.4 Amended and Restated Project Implementation Agreement NG-KIH Project request or submission, make any determination or confirm its satisfaction pursuant to the terms of this Project Implementation Agreement in respect of the same or substantially the same or similar matter, and the Authority has exercised its rights in a particular manner, Project Co will exercise its discretion, grant or refuse to grant an approval, accept or refuse to accept a request or submission or make the relevant determination in a manner that is consistent with the discretion exercised, approval granted or refused, request or submission accepted or refused or determination made or level of satisfaction confirmed by the Authority under the Project Agreement, subject to any limitations on Project Co’s discretion under the terms of the Senior Financing Agreements. (c) Where the Authority asserts or exercises any right against Project Co in accordance with the Project Agreement in regard to any matter associated with the Project or Operations Co, including reductions in or retentions from payments under the Project Agreement, claims for indemnification and claims for damages for breach of the Project Agreement (such assertion or exercise of rights by the Authority being referred to as an “Authority Claim”), any determination made or reached under the Project Agreement as to the amount, nature and extent of Project Co’s liability in relation to any Au...