Possible Separate Agreement for Phase B if Necessary for Financing Purposes Sample Clauses

Possible Separate Agreement for Phase B if Necessary for Financing Purposes. Given the differing obligations on and circumstances surrounding the two phases of Generating Facility, North Gila’s financing of Phase B may necessitate bifurcating the Agreement into two separate LGIAs that are substantially similar in all material relevant respects to the original Agreement. In Appendix C, Section 7, the Agreement provides a mechanism for accomplishing this by requiring that the Parties amend the Agreement so as to enter into two LGIAs. As noted, in that event, Agua Caliente and North Gila would no longer have joint and several liability for one another’s actions and obligations.
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