Upgrade Work. Every forty-five (45) days, during the period of Suspension, the Parties shall meet formally and review the circumstances surrounding the Suspension including without limitation, the anticipated date of re-commencing Work.
Upgrade Work. Administrative Agent acknowledges that an Affiliate of Borrower is completing certain renovation and upgrade work on improvements and real property adjacent to the Property, which will include some upgrade work on the Property (the “Upgrade Work”). Borrower shall cause the Upgrade Work to be completed in accordance with the applicable sections of Schedule VI attached hereto. In no event shall Administrative Agent require any guaranty, reserve, impound or escrow in connection with the Upgrade Work.
Upgrade Work. (a) If, at any time during the Term, TransGrid determines, acting reasonably, that it is necessary to upgrade or replace the Connection Assets as a result of such Connection Assets becoming obsolete or reaching the end of their service life (the "Upgrade Work") in order to continue to provide the Services in accordance with this agreement, TransGrid may undertake the Upgrade Work and is entitled to charge the Customer for such work.
(b) Prior to undertaking the Upgrade Work, TransGrid must provide to the Customer a notice setting out:
(i) the aggregate of the Sub-Contractor's Costs, Consultant's Fees, TransGrid's Costs, Licence Costs, Easement Costs, Out of Pocket Expenses and Project Management Fees (each as defined in the Project Agreement) that TransGrid anticipates it will incur to undertake the Upgrade Work (the "Anticipated Upgrade Costs");
(ii) details of the adjustment to the Annual Connection Fee for the remaining Term which TransGrid determines will result from the Anticipated Upgrade Costs, determined in a manner which is consistent with the manner in which charges under connection agreements are generally determined by TransGrid at the time; and
(iii) the date on which the Anticipated Upgrade Costs must be paid and the date on which the altered Annual Connection Fee takes effect.
(c) The Customer may elect to either:
(i) pay the Anticipated Upgrade Costs on the date notified to the Customer under paragraph 7(b)(iii) of this Schedule 5; or
(ii) adjust the Annual Connection Fee for the remaining Term.
(d) If the Customer makes an election under paragraph 7(c)(i) of this Schedule 5, it must pay the actual Sub-Contractor's Costs, Consultant's Fees, TransGrid's Costs, Licence Costs, Easement Costs, Out of Pocket Expenses and Project Management Fees (each as defined in the Project Agreement) incurred by TransGrid on account of undertaking the Upgrade Work.
(e) If the Customer makes an election under paragraph 7(c)(ii) of this Schedule 5, the Annual Connection Fee will be adjusted for the remainder of the Term and clauses 14.1(b) to 14.1(e) of the Project Agreement will apply to the adjustment of the Annual Connection Fee as if set out in full in this agreement, except that:
Upgrade Work. 4.2.1. At the initial inspection or the first time we attend your property, we may identify upgrade work required to bring your system up to our standards for cover by the gas care product. Any such upgrade work performed by us will be chargeable. We will tell you the charges in advance.
4.2.2. If you decline to undertake the upgrade work identified in accordance with clause 4.2.1, we will either exclude the relevant system parts from your gas care product until the upgrade work has been completed to our satisfaction, or we will cancel this agreement.
4.2.3. Any repairs required as a consequence of excluded system parts referred to in clause 4.2.2 will be chargeable. We will tell you the charges in advance.
Upgrade Work. 5.2.1. Where we have deemed that an initial inspection was not required, the first time we attend your property, we may identify upgrade work required to bring your system up to our standards for cover by the shield electrical wiring care. Any such upgrade work performed by us will be chargeable. We will tell you the charges in advance.
5.2.2. If you decline to undertake the upgrade work identified in accordance with clause 5.2.1, we will either exclude the relevant system parts from your shield electrical wiring care until the upgrade work has been completed to our satisfaction, or we will cancel this agreement.
5.2.3. Any repairs required as a consequence of excluded system parts referred to in clause 5.2.2 will be chargeable. We will tell you the charges in advance.
