Common use of Notice; Mitigation Efforts Clause in Contracts

Notice; Mitigation Efforts. Following the delivery of any notice to terminate this Agreement under Section 31.6, TxDOT and Developer shall engage in good faith negotiations for up to 30 days as to means of proceeding to Financial Close in light of the adverse circumstances giving rise to the termination right. As appropriate, the Parties shall consider alternative financing sources, including an alternative project debt competition. With respect to an Unaffordability Determination, the Parties shall also consider sharing or incorporating some or all of the net change contemplated by Sections 3.6.1 and

Notice; Mitigation Efforts. Following the delivery of any notice to terminate this Agreement under Section 31.6, TxDOT and Developer shall engage in good faith negotiations for up to 30 days as to means of proceeding to Financial Close in light of the adverse circumstances giving rise to the termination right. As , including (as appropriate, the Parties shall consider ) alternative financing sources, including an alternative project a debt competition. With , and (with respect to an Unaffordability Determination, the Parties shall also consider sharing or incorporating circumstances described in Section 3.4.2(f)) incorporation of some or all of the net change contemplated by Sections 3.6.1 and3.6.1