Common use of Remedies for Government Nonperformance Clause in Contracts

Remedies for Government Nonperformance. (a) If the Company and its Contractors have complied and are in compliance with Section 4.1 and Section 4.2 and any Government Authorization specified in Schedule 1, Part 1-B is not received within 60 (sixty) Days following the later of the date of this Agreement or the filing of the application therefore or if any Critical Government Authorization is not received within 30 (thirty) Days, or, in the case of Government Authorizations 1 (d) and (e) in Schedule 1, Part 1-A and Government Authorization 6 in Schedule 1, Part 2, within 30 (thirty) Business Days following the later of the date of this Agreement or the filing of the application therefore, or, subsequent to its issuance but prior to Financial Closing, if a Government Authorization specified in Schedule 1 - Part 1-B or a Critical Government Authorization ceases to remain in full force and effect or is made subject to any terms or conditions that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Government Authorization or the application therefore), then the Required Financial Closing Date and the Required Commercial Operations Date shall be extended on a Day-for-Day basis for each Day that any such Government Authorization or Government Authorizations cease to remain in full force or effect or continue to be subject to any such material adverse terms or conditions (despite compliance with the applicable procedural and substantive requirements of such Government Authorization or Government Authorizations) following the expiration of such 30 (thirty) Day period, 30 (thirty) Business Day period or 60 (sixty) Day period, as the case may be; provided, that during any period where more than 1 (one) Government Authorization remains outstanding (following the end of the 30 (thirty) Day period, 30 (thirty) Business Day period or 60 (sixty) Day period, as the case may be), the Company shall be entitled to only 1 (one) Day of extension for each 1 (one) Day in such period. For the purposes of this Section 4.5(a) the references to “Government Authorization or Government Authorizations remains outstanding” shall be deemed to include any Government Authorization or Government Authorizations not issued or renewed and, following issuance, any Government Authorization or Government Authorizations ceasing to remain in full force and effect or made subject to any terms or conditions that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Government Authorization or the application therefore).

Remedies for Government Nonperformance. (a) If the Company and its Contractors have complied and are in compliance with Section 4.1 and Section 4.2 and any Government Authorization specified in Schedule 1, Part 1-B is not received within 60 (sixty) Days following the later of the date of this Agreement or the filing of the application therefore or if any Critical Government Authorization is not received within 30 (thirty) Days, or, in the case of Government Authorizations 1 (d) and (e) in Schedule 1, Part 1-A and Government Authorization 6 in Schedule 1, Part 2, within 30 (thirty) Business Days following the later of the date of this Agreement or the filing of the application therefore, or, subsequent to its issuance but prior to Financial Closing, if a Government Authorization specified in Schedule 1 - Part 1-B or a Critical Government Authorization ceases to remain in full force and effect or is made subject to any terms or conditions that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Government Authorization or the application therefore), then the Required Financial Closing Date, the Required Simple Cycle Operation Date and the Required Commercial Operations Date shall be extended on a Day-for-Day basis for each Day that any such Government Authorization or Government Authorizations cease to remain in full force or effect or continue to be subject to any such material adverse terms or conditions (despite compliance with the applicable procedural and substantive requirements of such Government Authorization or Government Authorizations) following the expiration of such 30 (thirty) Day period, 30 (thirty) Business Day period or 60 (sixty) Day period, as the case may be; provided, that during any period where more than 1 (one) Government Authorization remains outstanding (following the end of the 30 (thirty) Day period, 30 (thirty) Business Day period or 60 (sixty) Day period, as the case may be), the Company shall be entitled to only 1 (one) Day of extension for each 1 (one) Day in such period. For the purposes of this Section 4.5(a) the references to “Government Authorization or Government Authorizations remains outstanding” shall be deemed to include any Government Authorization or Government Authorizations not issued or renewed and, following issuance, any Government Authorization or Government Authorizations ceasing to remain in full force and effect or made subject to any terms or conditions that materially and adversely affect the Company’s ability to perform its obligations under any document within the Security Package (despite the Company’s compliance with the applicable procedural and substantive requirements of the Government Authorization or the application therefore).