Common use of Non-Satisfaction of Conditions Clause in Contracts

Non-Satisfaction of Conditions. In the event that the Disbursement Agent determines that any conditions of SECTION 4.2.2 described above has not been satisfied in respect of any Construction Disbursement Request and so long as such conditions are not satisfied, the Disbursement Agent shall not authorize any disbursement of funds from the Construction Disbursement Account pursuant to a Construction Disbursement Request; PROVIDED, HOWEVER, the following payments may be made by the Disbursement Agent: 30 (a) if all other conditions in SECTION 4.1 and SECTION 4.2.2 hereof are met (except for SECTION 4.2.2(i), payments for work completed or materials purchased on or prior to the date that the Disbursement Agent determined that condition (i) of SECTION 4.2.2 was not satisfied and has so notified the Issuer in writing; (b) payments not to exceed $5,000,000 in the aggregate to prevent the condition of the Facility from deteriorating or to preserve any work completed as certified to be reasonably necessary or advisable by the Issuer (in writing); and (c) if such condition continues for a period of three consecutive months or more, at the request of the Issuer, Retainage Amounts for the portion of the Facility completed; provided that the Issuer certifies that the conditions for paying such amounts (other than completion of the Facility) are met.

Non-Satisfaction of Conditions. In the event that the Disbursement Agent determines that any conditions condition (f) of SECTION Section 4.2.2 described above has is not been satisfied in respect of any Construction Disbursement Request and so long as such conditions are condition is not satisfied, the Disbursement Agent shall not authorize any disbursement of funds from the Construction Disbursement Account pursuant to a Construction Disbursement Request; PROVIDEDprovided, HOWEVERhowever, the following payments may be made by the Disbursement Agent: 30: (a) if all other conditions in SECTION Section 4.1 and SECTION Section 4.2.2 hereof are met (except for SECTION 4.2.2(i)met, payments for work completed or materials purchased on or prior to the date that the Disbursement Agent determined that condition (if) of SECTION Section 4.2.2 was not satisfied and has so notified the Issuer Authority and the Manager in writing; (b) payments not to exceed $5,000,000 2,500,000 in the aggregate to prevent the condition of the Facility from deteriorating or to preserve any work completed as certified to be reasonably necessary or advisable by the Issuer Manager and the Authority (in writing); and (c) if such condition continues for a period of three consecutive months or more, at the request of the IssuerAuthority, Retainage Amounts for the portion of the Facility completed; provided that the Issuer Authority and the Manager each certifies that the conditions for paying such amounts (other than completion of the Facility) are met.

Non-Satisfaction of Conditions. In the event that the USB Disbursement Agent determines that any conditions condition (f) of SECTION Section 4.2.2 described above has is not been satisfied in respect of any Construction Disbursement Request and so long as such conditions are condition is not satisfied, the USB Disbursement Agent shall not authorize any disbursement of funds from the Construction Disbursement Account pursuant to a Construction Disbursement Request; PROVIDEDprovided, HOWEVERhowever, that the following payments may be made by the USB Disbursement Agent: 30: (a) if all other conditions in SECTION Section 4.1 and SECTION Section 4.2.2 hereof are met (except for SECTION 4.2.2(i)met, payments for work completed or materials purchased on or prior to the date that the USB Disbursement Agent determined that condition (if) of SECTION Section 4.2.2 was not satisfied and has so notified the Issuer Authority in writing; (b) payments not to exceed $5,000,000 1,000,000 in the aggregate to prevent the condition of the Facility Project from deteriorating or to preserve any work completed as certified to be reasonably necessary or advisable by the Issuer (in writing)Independent Construction Consultant and the Authority; and (c) if such condition continues for a period of three consecutive months or more, at the request of the IssuerAuthority, Retainage Amounts for the portion of the Facility Project completed; provided provided, however, that the Issuer certifies Authority and the Independent Construction Consultant certify that the conditions for paying such amounts (other than completion of the FacilityProject) are met.

Non-Satisfaction of Conditions. In the event that the USB Disbursement Agent determines that any conditions condition (e) of SECTION 4.2.2 Section 4.3.2 described above has is not been satisfied in respect of any Construction Land Development Disbursement Request and so long as such conditions are condition is not satisfied, the USB Disbursement Agent shall not authorize any disbursement of funds from the Construction Land Development Disbursement Account pursuant to a Construction Land Development Disbursement Request; PROVIDEDprovided, HOWEVERhowever, that the following payments may be made by the USB Disbursement Agent: 30: (a) if all other conditions in SECTION Section 4.1 and SECTION 4.2.2 Section 4.3.2 hereof are met (except for SECTION 4.2.2(i)met, payments for work completed or materials purchased on or prior to the date that the USB Disbursement Agent determined that condition (ie) of SECTION 4.2.2 Section 4.3.2 was not satisfied and has so notified the Issuer Authority in writing; (b) payments Payments not to exceed $5,000,000 100,000 in the aggregate to prevent the condition of the Facility access road from deteriorating or to preserve any work completed as certified to be reasonably necessary or advisable by the Issuer (in writing)Authority; and (c) if such condition continues for a period of three consecutive months or more, at the request of the IssuerAuthority, Retainage Amounts for the portion of the Facility access road completed; provided provided, however, that the Issuer Authority certifies that the conditions for paying such amounts (other than completion of the Facilityaccess road) are met.