Thethe Sample Clauses

Thethe. Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent Replacement EPC Arrangement Monthly ReportReports and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports, and shall use its commercially reasonable efforts to address questions from DOE and or the Lender’s Engineer with respect to the performance of the Operator, the CCA Contractor and the Service Provider;

Thethe. All-In Yield applicable to the Incremental Term Loans or Incremental Revolving Loan Commitments made hereunder shall be determined by the Borrower and the Incremental Term Lenders and/or the Incremental Revolving Lenders.; provided that with respect to any Incremental Document in respect of Incremental Term Loans in the form of a broadly syndicated “term B facility” denominated in Dollars or Euros and secured by the Collateral on a

Thethe. Borrower shall fail to pay any principal of any Advance when the same becomes due and payable; or the Borrower shall fail to pay any interest on any Advance or make any other payment of fees or other amounts payable under this Agreement within five (5) Business Days after the same becomes due and payable; or

Thethe. Borrower shall (i) terminate or repeal the Charter, or modify or amend the Charter in a manner that is not reasonably acceptable to the Agent, (ii) remove the Independent Director from the Independent Committee or the board of directors of the Borrower without the consent of the Agent, (iii) replace the Independent Director with a replacement independent director that is not reasonably acceptable to the Agent or (iv) terminate, modify or otherwise impede the board observer rights for the benefit of the Agent (or any affiliate thereof) contemplated by the Corre/AP Term Sheet.; or

Thethe. Parent Borrower may pay cash dividends, payments and distributions in an amount sufficient to allow Holdings and any Parent Entity to perform its obligations under the Atkore Investment Documents and to pay all fees and expenses incurred in connection with the Transactions and the other transactions expressly contemplated by this Agreement and the other Loan Documents, and to allow Holdings to perform its obligations under or in connection with the Loan Documents to which it is a party;

Thethe parties shall be deemed to have participated equally in the preparation of this Agreement, so that this Agreement shall not be construed more strictly against one party than against any other party.

Thethe. Independent Certifier shall within five (5) Business Days of the issue of the relevant ICT Handover Acceptance Certificate, Acceptance Certificate [or Post Completion Works Acceptance Certificate] issue to the Contractor and the Authority a list of the relevant Snagging Items for that School (the Snagging List). Within five (5) Business Days of receipt from the Independent Certifier of the Snagging List the Contractor shall provide to the Authority and the Independent Certifier a reasonable programme for making good each Snagging Item set out in the Snagging List provided that such programme shall require that each Snagging Item shall be made good within twenty (20) Business Days of the date of provision of that programme or within such time as is reasonably practicable. and, where the Snagging List has been issued following the issue of the ICT Handover Acceptance Certificate, so that rectification of such Snagging Items does not interfere with the ICT Installer acting in accordance with clause 11.9. The Parties shall seek to agree such programme and in default of agreement shall refer the matter for determination under the Dispute Resolution Procedure. TheAny programme agreed or determined in accordance with this clause 20.7 (Snagging Items)20.8 shall be known as the Snagging Programme.; and

Thethe. Borrower shall default in the due performance and observance of any of its obligations under clause (e) of Section 7.01(f), Section 7.07 (with respect to the maintenance and preservation of the Parent Guarantor’s or the Borrower’sany Loan Party’s corporate existence), Section 7.08, or Article VIII.; or (d) The Borrower or the Parent Guarantorany Loan Party shall default in the due performance and observance of any agreement (other than those specified in clauses (a) through (c) above) contained herein or in any other Loan Document, and such default shall continue unremedied for a period of thirty (30) days after the earlier of: (xi) the date such default became known to a Responsible Officer of the Parent Guarantor or the Borrowera Loan Party; and (yii) delivery of notice thereof to the Parent Guarantor or Borrowera Loan Party from the Administrative Agent (which notice will be given at the request of any Lender).; or

Thethe. Contractor's sole remedy in relation to any Compensation Event in respect of the Works at any Site that occurs prior to the applicable Longstop Date [and the Post Completion Works at any Site] shall be the operation of clause 16.5 (Effect of a Compensation Event). 87.1.3 The reference in clause 87.1.1 to "matters" shall be construed as a reference to the particular type of Loss which arises from the circumstance in question (which circumstance may include a breach by the Authority of this Agreement) and in relation to which an express right or remedy is stated in this Agreement and accordingly clause 87.1.1 shall not restrict the rights and/or remedies of the Contractor which are provided by law in respect of breach of this Agreement in respect of any other type of Loss which may arise from the same circumstance and in relation to which an express right or remedy is not stated in this Agreement.

Thethe. Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County and members of the Board of Supervisors, its elected and appointed officials, officers, agents, and employees. All insurance policies required by this Contract shall give the County thirty (30) days’ notice in the event of cancellation and ten (10) days for non-payment of premium. This shall be evidenced by policy provisions or an endorsement separate from the Certificate of Insurance. The Commercial General Liability policy shall contain a severability of interests clause., also known as a “separation of insureds” clause (standard in the ISO CG 001 policy). Insurance certificates should be forwarded to the agency/department address listed on the Contractsolicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Purchasing or the agency/department purchasing division, award may be made to the next qualified vendor. County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer. The County of Orange Certificate of Insurance and the Special Endorsement for the County of Orange can be utilized to verify compliance with the above-mentioned insurance requirements in place of commercial insurance certificates and endorsements.