Common use of COMMITMENT FULFILLED Clause in Contracts

COMMITMENT FULFILLED. Owner and Contractor agree that Owner shall have met the Annual Project Sum commitment when the total Annual Project Sum is Forty Million Dollars ($40,000,000.00). Owner and Contractor agree that Owner shall have met the Aggregate Project Sum Commitment when the total Aggregate Project sum is Three Hundred Twenty Five Million Dollars ($325,000,000.00) at the end of the Term. Further, the parties agree that Owner shall have met all commitments hereunder when the total Aggregate Project Sum reaches Five Hundred Million Dollars ($500,000,000.00) which may occur at any time during the Term. Owner shall have the right to unilaterally terminate this Agreement upon its payment of the Aggregate Project Sum to Contractor. Upon such termination Owner shall have no further obligations to Contractor hereunder except as otherwise provided herein. The parties agree that the Aggregate Project Sum and the Annual Project Sum for the first Contract Year shall include but are not limited to the amounts for Work performed by Contractor subsequent to the date of this Agreement for Projects listed on Exhibit A, attached hereto and incorporated herein.

COMMITMENT FULFILLED. Owner and Contractor agree that Owner shall have met the Annual Project Sum commitment when the total Annual Project Sum is Forty Million Dollars ($40,000,000.0040,000,000). Owner and Contractor agree that Owner shall have met the Aggregate Project Sum Commitment when the total Aggregate Project sum Sum is Three Hundred Twenty Five Million Dollars ($325,000,000.00) at the end of the Term. Further, the parties agree that Owner shall have met all commitments hereunder when the total Aggregate Project Sum reaches Five Hundred Million Dollars ($500,000,000.00) which may occur at any time during the Term. Owner shall have the right to unilaterally terminate this Agreement upon its payment of the Aggregate Project Sum to Contractor. Upon such termination Owner shall have no further obligations to Contractor hereunder except as otherwise provided herein. The parties agree that the Aggregate Project Sum and the Annual Project Sum for the first Contract Year shall include but are not limited to the amounts for Work performed by Contractor subsequent to the date of this Agreement for Projects listed on Exhibit A, attached hereto and incorporated herein.