Termination Following Political Force Majeure Event. (i) If following a Political Force Majeure Event, the GOB and the Company agree or an Expert determines that Restoration is feasible, but the GOB elects to terminate this Agreement, the GOB shall pay the Company the compensation amount set forth in Row II of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB. (ii) If following a Political Force Majeure Event, the GOB and the Company agree or an Expert determines that Restoration is not feasible, the GOB shall pay the Company the compensation amount set forth in Row II of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB. (iii) If following a Political Force Majeure Event, the GOB and the Company or an Expert determines that Restoration is feasible, but the Company is unable to obtain financing for the Restoration, the GOB shall pay the Company the compensation amount set forth in Row VI of the Compensation Table in Schedule 2. Upon the payment of such compensation amount, the Company shall transfer the Facility to the GOB. (iv) If following a Political Force Majeure Event, the GOB terminates this Agreement in accordance with Section 11.8(b) as a result of a failure to timely complete a Restoration, the GOB shall, so long as the Company has made a demonstrable good faith effort to effect the Restoration, pay the Company the compensation amount set forth in Row IV of the Compensation Table in Schedule 2. If the Company has not made a demonstrable good faith effort to effect the Restoration, the GOB shall pay the Company the compensation amount set forth in Row V of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB. (v) If a Political Force Majeure Event has continued uninterrupted for more than one hundred eighty (180) Days, intermittent Political Force Majeure Events have taken place over one hundred eighty (180) Days in any Year, or, following a Change in Law, an Expert has determined that Restoration or modification of the Facility is not technically feasible or the GOB has determined that the costs of Restoration or modification are unacceptable and the Change in Law has not been modified or rescinded to make such Restoration or modification technically or financially acceptable to the GOB and the Facility has not been operated for one hundred eighty (180) Days, and either the Company or the GOB terminates this Agreement in accordance with Section 11.5(h) the GOB shall pay the Company the compensation amount set forth in Row II (for a GOB termination) or Row III (for a Company termination) of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB. (vi) If following a revision of the Restoration Cost Estimate or the Restoration Schedule of a Restoration resulting from Political Force Majeure Event, the GOB elects to terminate this Agreement pursuant to Section 11.8, the GOB shall pay the Company the compensation amount set forth in Row VI of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
Appears in 4 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Termination Following Political Force Majeure Event. (i) If following a Political Force Majeure Event, the GOB and the Company agree or an Expert determines that Restoration is feasible, but the GOB elects to terminate this Agreement, the GOB shall pay the Company the compensation amount set forth in Row II of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
(ii) If following a Political Force Majeure Event, the GOB and the Company agree or an Expert determines that Restoration is not feasible, the GOB shall pay the Company the compensation amount set forth in Row II of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
(iii) If following a Political Force Majeure EventEvent , the GOB and the Company or an Expert determines that Restoration is feasible, but the Company is unable to obtain financing for the Restoration, the GOB shall pay the Company the compensation amount set forth in Row VI of the Compensation Table in Schedule 2. Upon the payment of such compensation amount, the Company shall transfer the Facility to the GOB.
(iv) If following a Political Force Majeure Event, the GOB terminates this Agreement in accordance with Section 11.8(b) as a result of a failure to timely complete a Restoration, the GOB shall, so long as the Company has made a demonstrable good faith effort to effect the Restoration, pay the Company the compensation amount set forth in Row IV of the Compensation Table in Schedule 2. If the Company has not made a demonstrable good faith effort to effect the Restoration, the GOB shall pay the Company the compensation amount set forth in Row V of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
(v) If a Political Force Majeure Event has continued uninterrupted for more than 180 (one hundred eighty (180eighty) Days, intermittent Political Force Majeure Events have taken place over 180 (one hundred eighty (180eighty) Days in any Year, or, following a Change in Law, an Expert has determined that Restoration or modification of the Facility is not technically feasible or the GOB has determined that the costs of Restoration or modification are unacceptable and the Change in Law has not been modified or rescinded to make such Restoration or modification technically or financially acceptable to the GOB and the Facility has not been operated for 180 (one hundred eighty (180eighty) Days, and either the Company or the GOB terminates this Agreement in accordance with Section 11.5(h) the GOB shall pay the Company the compensation amount set forth in Row II (for a GOB termination) or Row III (for a Company termination) of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
(vi) If following a revision of the Restoration Cost Estimate or the Restoration Schedule of a Restoration resulting from Political Force Majeure Event, the GOB elects to terminate this Agreement pursuant to Section 11.8, the GOB shall pay the Company the compensation amount set forth in Row VI of the Compensation Table in Schedule 2. Upon payment of such compensation amount, the Company shall transfer the Facility to the GOB.
Appears in 1 contract
Samples: Implementation Agreement