Common use of Key Contracts Contractor Qualifications Clause in Contracts

Key Contracts Contractor Qualifications. ‌ 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Design-Build Contractor(s), the Lead Engineering Firm(s), and Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA’s prior written approval in its good faith discretion, which approval shall be based on compliance with the requirements for such contracts contained in Section 7.3.2. 7.3.1.2 Amendment of any Key Contract with respect to a matter set forth in Section 7.3.2 shall be subject to IFA’s prior written approval in its good faith discretion. Amendment in any other material respect of the Key Contract with the Design-Build Contractor(s), the Lead Engineering Firm(s), or Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA prior written approval in its good faith discretion. 7.3.1.3 Developer shall retain, employ and utilize the firms and organizations specifically listed in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of any Key Contractor, except in the case of material default by the Key Contractor or with IFA’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to IFA’s prior written approval in its good faith discretion. 7.3.1.4 Developer shall not terminate or permit termination of a Key Contract except: a. In the case of material uncured default by the Key Contractor; b. Termination of this Agreement and IFA’s election not to assume the Key c. If there occurs any suspension, debarment, disqualification or removal (distinguished from ineligibility due to lack of financial qualifications) of the Contractor, or there goes into effect an agreement for voluntary exclusion of the Contractor, from bidding, proposing or contracting with any federal, State or local department or agency; or d. With IFA’s prior written approval in its good faith discretion.‌

Key Contracts Contractor Qualifications. ‌ 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Design-Build Contractor(s), the Lead Engineering Firm(s), and Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA’s prior written approval in its good faith discretion, which approval shall be based on compliance with the requirements for such contracts contained in Section 7.3.2. 7.3.1.2 Amendment of any Key Contract with respect to a matter set forth in Section 7.3.2 shall be subject to IFA’s prior written approval in its good faith discretion. Amendment in any other material respect of the Key Contract with the Design-Build Contractor(s), the Lead Engineering Firm(s), or Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA prior written approval in its good faith discretion. 7.3.1.3 Developer shall retain, employ and utilize the firms and organizations specifically listed in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of any Key Contractor, except in the case of material default by the Key Contractor or with IFA’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to IFA’s prior written approval in its good faith discretion. 7.3.1.4 Developer shall not terminate or permit termination of a Key Contract except: a. In the case of material uncured default by the Key Contractor; b. Termination of this Agreement and IFA’s election not to assume the KeyKey Contract; c. If there occurs any suspension, debarment, disqualification or removal (distinguished from ineligibility due to lack of financial qualifications) of the Contractor, or there goes into effect an agreement for voluntary exclusion of the Contractor, from bidding, proposing or contracting with any federal, State or local department or agency; or d. With IFA’s prior written approval in its good faith discretion.‌discretion.

Key Contracts Contractor Qualifications. ‌ 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Design-Build Contractor(s), the Lead Engineering Firm(s), and Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA’s prior written approval in its good faith discretion, which approval shall be based on compliance with the requirements for such contracts contained in Section 7.3.2. 7.3.1.2 Amendment of any Key Contract with respect to a matter set forth in Section 7.3.2 shall be subject to IFA’s prior written approval in its good faith discretion. Amendment in any other material respect of the Key Contract with the Design-Build Contractor(s), the Lead Engineering Firm(s), or Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA prior written approval in its good faith discretion. 7.3.1.3 Developer shall retain, employ and utilize the firms and organizations specifically listed in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of any Key Contractor, except in the case of material default by the Key Contractor or with IFA’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to IFA’s prior written approval in its good faith discretion.. except: Contract; 7.3.1.4 Developer shall not terminate or permit termination of a Key Contract except:Contract a. In the case of material uncured default by the Key Contractor; b. Termination of this Agreement and IFA’s election not to assume the Key c. If there occurs any suspension, debarment, disqualification or removal (distinguished from ineligibility due to lack of financial qualifications) of the Contractor, or there goes into effect an agreement for voluntary exclusion of the Contractor, from bidding, proposing or contracting with any federal, State or local department or agency; or d. With IFA’s prior written approval in its good faith discretion.‌discretion.

Key Contracts Contractor Qualifications. ‌ 7.3.1 Key Contract Approvals, Amendments and Termination; Use of and Change in Key Contractors‌ 7.3.1.1 The Key Contract with each of the Design-Build Contractor(s), the Lead Engineering Firm(s), and Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA’s prior written approval in its good faith discretion, which approval shall be based on compliance with the requirements for such contracts contained in Section 7.3.2. 7.3.1.2 Amendment of any Key Contract with respect to a matter set forth in Section 7.3.2 shall be subject to IFA’s prior written approval in its good faith discretion. Amendment in any other material respect of the Key Contract with the Design-Build Contractor(s), the Lead Engineering Firm(s), or Lead Operations and Maintenance Contractor (if applicable) shall be subject to IFA prior written approval in its good faith discretion. 7.3.1.3 Developer shall retain, employ and utilize the firms and organizations specifically listed in Exhibit 2-H (Equity Members, Contractors and Key Personnel Commitments) to fill the corresponding Key Contractor positions listed therein. Developer shall not terminate any Key Contract, or permit or suffer any substitution or replacement (by way of assignment of the Key Contract, transfer to another of any material portion of the scope of work, or otherwise) of any Key Contractor, except in the case of material default by the Key Contractor or with IFA’s prior written approval in its good faith discretion. For Key Contractors not known as of the Effective Date, Developer’s selection thereof shall be subject to IFA’s prior written approval in its good faith discretion. 7.3.1.4 Developer shall not terminate or permit termination of a Key Contract except:Contract a. In the case of material uncured default by the Key Contractor; b. Termination of this Agreement and IFA’s election not to assume the Key c. If there occurs any suspension, debarment, disqualification or removal (distinguished from ineligibility due to lack of financial qualifications) of the Contractor, or there goes into effect an agreement for voluntary exclusion of the Contractor, from bidding, proposing or contracting with any federal, State or local department or agency; or d. With IFA’s prior written approval in its good faith discretion.‌discretion.