NON-PERFORMANCE EVENTS. Failure by Project Co to comply with the obligations set forth in this Schedule may constitute Non- Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism]. APPENDIX 26A KEY INDIVIDUALS SPECIFIC MANDATORY REQUIREMENTS
NON-PERFORMANCE EVENTS. Failure by Project Co to comply with the obligations set forth in this Schedule 11 [Construction Safety Requirements] may constitute Non-Performance Events and may result in adjustments to the Payments, as more particularly provided in Schedule 16 [Payment Mechanism]. APPENDIX 11A PRIME CONTRACTOR DESIGNATION Table 1 - Prime Contractor responsibility Prime Contractor Date From Date To Worksite Project Co Occupancy of a Site in accordance with a Notice of Occupancy The later of: (A) when Project Co vacates the Site; and Site specified in a Notice of Occupancy (B) the planned vacate date/time noted in the Notice of Occupancy, but in any event not later than the Construction Completion Date Project Co January 31, 2022 Phase 1 Construction Completion Date Xxxxx Xxxxxx OMF Building B Project Co Effective Date Construction Completion Date On all Elevated Guideway Project Co Effective Date Construction Completion Date All Wayside Equipment Enclosures Project Co Effective Date Construction Completion Date All Utility Complexes Project Co Effective Date Construction Completion Date All Stops City Effective Date Construction Completion Date All City Lands not otherwise described as Project Co’s Prime Contractor responsibility in this Table 1
NON-PERFORMANCE EVENTS. Notwithstanding anything to the contrary contained herein, if at any time (i) an Event of Default described in Section 6.01(e) occurs, (ii) an Event of Default described in Section 6.01(f) occurs in connection with (A) the Guarantor's failure to comply with Section 5.05 of the Senior Credit Facility or (B) an Event of Default (as defined in the Senior Credit Facility) under Section 6.01(l) of the Senior Credit Facility and, in the case of (i) and (ii) such event is premised upon a Material Adverse Effect standard, or (iii) any other Event of Default in any Operative Document that is specifically premised upon a Material Adverse Effect or materiality standard occurs, then any occurrence with respect thereto shall not constitute a Default or an Event of Default but shall be deemed a "Non-Performance Event" and the provisions of Section 6.03(b) shall control; provided, however, if by applying a commercially reasonable standard, the Agent, the Trustee or any Holder determines that any Event of Default listed above in this Section 6.03(a) shall have occurred, then the occurrence thereof shall not constitute a Non-Performance Event but shall constitute an Event of Default with the provisions of Section 6.02
NON-PERFORMANCE EVENTS. Notwithstanding anything to the contrary contained herein, if at any time any Event of Default described in (i) Sections 6.01(b) or 6.01(d) occurs and, in each case, such event is specifically premised upon a Material Adverse Effect standard or a "materiality" or "material" standard, or in (ii) Section 6.01(i), (j), (k), (l) or (q) occurs and, in each case, such event does not relate solely to the Guarantor or Lessee, then any occurrence with respect thereto shall not constitute a Default or an Event of Default but shall be deemed a "Non-Performance Event" and the provisions of Sections 6.03(b) and 6.03(c) shall control mutatis mutandis as though an Unwind Event shall have occurred.
