Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument (other than a Principal Project Contract) (or any series of the same) entered into by (or on behalf of) the Borrower or SANDAG after the Effective Date, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project, including any master contract providing goods or services for multiple projects or assets including the Project; provided, however, that a contract or agreement shall not constitute an Additional Project Contract if it (a) is entered into in the ordinary course of business in connection with the furnishing of goods or the performance of services, (b) commits the Borrower or SANDAG to spend, or is reasonably expected to involve expenditures by the Borrower or SANDAG in one contract or a series of related contracts of$10,000,000 or less in any Borrower Fiscal Year, and (c) is for a term not exceeding two (2) years. DRAFT
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument (other than a Principal Project Contract) entered into by (or on behalf of) the Borrower after the Effective Date, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project, including any master contract providing goods or services for multiple projects or assets including the Project.
Additional Project Contracts means any material contracts or agreements related to the construction, testing, operation, maintenance, repairs or improvement of the Project, the sale of power from the Project, supply or transportation of fuel to the Project or the lease or ownership of the Site, in each case, either entered into by the Borrower and any other person, or assigned to the Borrower, subsequent to the Closing Date (other than Project Contracts, without regard to clause (n) of the definition of such term); provided, however, that such contract or agreement shall not constitute an Additional Project Contract if (a) it is (i) entered into by the Borrower in the ordinary course of business in connection with the furnishing of goods or the performance of services and the costs thereof are reimbursable costs to the Borrower under each of the Power Purchase Agreements or (ii) entered into under emergency circumstances requiring immediate action to resume or maintain operation of the Project in accordance with Prudent Utility Practices, (b) it can be readily replaced by other contracts or agreements having substantially similar terms and conditions without material cost or materially burdensome conditions to the Borrower, (c) it commits the Borrower to spend less than $2,000,000 individually within any given fiscal year or $5,000,000 within any given fiscal year when taken together with all other agreements which would be Additional Project Contracts but for the operation of this proviso, (d) it is entered into by the Project Manager (on behalf of the Borrower and the Co-Participants), and not the Borrower, in accordance with the terms of the Participation Agreement or (e) the Borrower is expressly permitted pursuant to the terms of this Agreement to enter into such contract or agreement (including the Shared Facilities Agreements and the contracts and agreements referred to in Section 6.24(a)).
Examples of Additional Project Contracts in a sentence
The Borrower shall provide written notice to the TIFIA Lender of the Borrower’s or SANDAG’s intent to enter into an Additional Project Contract and shall provide drafts of any such Additional Project Contracts at least thirty (30) days prior to the proposed effective date thereof, together with any related contracts, side letters or other understandings.
The Borrower shall provide written notice to the TIFIA Lender of the Borrower’s intent to enter into an Additional Project Contract and, if such Additional Project Contract is subject to approval by the TIFIA Lender pursuant to Section 17(e) (Additional Project Contracts), shall provide drafts of any such Additional Project Contracts at least thirty (30) days prior to the proposed effective date thereof, together with any related contracts, side letters or other understandings.
The Borrower shall provide written notice to the TIFIA Lender of the Borrower’s or CDOT’s intent to enter into an Additional Project Contract and, if such Additional Project Contract is subject to approval by the TIFIA Lender pursuant to Section 17(e) (Additional Project Contracts), shall provide drafts of any such Additional Project Contracts at least thirty (30) days prior to the proposed effective date thereof, together with any related contracts, side letters or other understandings.
To the extent not previously delivered to the TIFIA Lender, the Borrower shall have provided certified copies of all Principal Project Contracts and all Additional Project Contracts requested by the TIFIA Lender pursuant to Section 16(b) (Copies of Documents) or Section 17(e) (Additional Project Contracts) (including, in each case, any amendment, modification or supplement thereto) entered into after the Effective Date.
Notwithstanding any other provision of this Agreement or any provision of any other Financing Document, at all times, the Pledgor shall have the right, without prejudice to any other rights of the Pledgee under the Financing Documents, to receive from any other party to the CFE Contract, the Principal Subcontracts, the Additional Project Contracts and/or the Insurance Policies, any and all notices that such party is permitted or required to give to the Pledgor pursuant to such instruments.
More Definitions of Additional Project Contracts
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument entered into by the Borrower after the execution and delivery of this Agreement, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project; provided, however, that a contract or agreement shall not constitute an Additional Project Contract if it (a) is entered into (i) in the ordinary course of business in connection with the furnishing of goods or the performance of services or (ii) for necessary Project-related expenditures, (b) commits the Borrower to spend, or is reasonably expected to involve expenditures by the Borrower in one contract or a series of related contracts of, no more than $1,000,000 in the aggregate for any such contract or series of related contracts and (c) is for a term not exceeding two (2) years.
Additional Project Contracts means, collectively, any additional contracts with an aggregate value equal to or greater than U.S.$5,000,000 entered into by or assigned to the Borrower after the execution and delivery of this Common Agreement, related to the development, construction and completion of the Project.
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument, other than a Principal Project Contract, that is entered into by the Borrower after the execution and delivery of this Agreement, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project; provided, however, that a contract or agreement shall not constitute an Additional Project Contract if it (a) is entered into (i) in the ordinary course of business in connection with the furnishing of goods or the performance of services or (ii) for necessary Project-related expenditures, (b) commits the Borrower to spend, or is reasonably expected to involve expenditures by the Borrower in one contract or a series of related contracts of, no more than $10,000,000 in the aggregate for any such contract or series of related contracts and (c) is for a term not exceeding two (2) years.
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument, other than a Principal Project Contract, that is entered into by the Borrower after the execution and delivery of this Agreement, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project; provided, however, that a contract or agreement shall not constitute an Additional Project Contract if it (a) is entered into (i) in the ordinary course of business in connection with the furnishing of goods or the performance of services or (ii) for necessary Project-related expenditures, (b) commits the Borrower to spend, or is reasonably expected to involve expenditures by the Borrower in one contract or a series of related contracts of, no more than $5,000,000 in the aggregate for any such contract or series of related contracts and (c) is for a term not exceeding two (2) years.
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument (other than a Principal Project Contract) entered into by (or on behalf of) the Borrower after the Effective Date, providing for the design, construction, testing, start-up, of the Project, or the safety, financial services, operation or maintenance of the C-470 Express Lanes; provided, however, that a contract, agreement, letter of intent, understanding or instrument shall not constitute an Additional Project Contract if it (a) is entered into (i) in the ordinary course of business in connection with the furnishing of goods or the performance of services or (ii) for necessary expenditures related to the Project, (b) commits the Borrower to spend, or is reasonably expected to involve expenditures by the Borrower in one contract,
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument entered into by (or on behalf of) the Borrower after the Effective Date, providing for the design, re-construction, improvement, upgrading, testing, start-up, safety, financial services, operation or maintenance of the Project or the I-25N Express Lanes or otherwise relating to the Project or the I-00X Xxxxxxx Xxxxx, where the amounts payable thereunder that are allocable to the Project or the I-00X Xxxxxxx Xxxxx (i) exceed $1,000,000 in any Borrower Fiscal Year or (ii) exceed or are reasonably expected to exceed existing budgeted amounts for such item (as forth in the Financial Plan most recently submitted to the TIFIA Lender) by more than $10,000,000 (as of the Effective Date and inflated annually at CPI thereafter) during the life of the applicable contract.
Additional Project Contracts means any contract, agreement, letter of intent, understanding or instrument (other than a Principal Project Contract) (or any series of the same) entered into by (or on behalf of) the Borrower or SANDAG after the Effective Date, providing for the design, construction, testing, start-up, safety, financial services, operation or maintenance of the Project, or otherwise relating to the Project, including any master contract providing goods or services for multiple projects or assets including the Project; provided, however, that a contract or agreement shall not constitute an Additional Project Contract if it (a) is entered into in the ordinary course of business in connection with the furnishing of goods or the performance of services, (b) commits the Borrower or SANDAG to spend, or is reasonably expected to involve expenditures by the Borrower or SANDAG in one contract or a series of related contracts of $10,000,000 or less in any Borrower Fiscal Year, and (c) is for a term not exceeding two (2) years.