Decrease in Costs Clause Samples
Decrease in Costs. Should any of the circumstances mentioned in clauses 41.1.1 to 41.1.7, result in:-
42.1 a decrease in the cost to such Lender of making or maintaining the Facilities; or
42.2 decrease the cost to such Lender of making or maintaining Advances or holding the Security under the Finance Documents; or
42.3 increase the amount of any sum received or receivable by such Lender under any of the Finance Documents, COMMOM TERMS AGREEMENT EXECUTION COPY in a manner or amount which is not already accounted for or provided for in this CTA or in any Facility Agreement, then the Lenders shall, if so required by the Borrowers, credit the Borrower with an amount or amounts which would place the Lender concerned in no worse and no better financial position after taking into account such decreased cost or increase in amount received. Such credit may be effected by way of a reduction in Margin or otherwise.
Decrease in Costs. If work is deleted from the Work, ----------------- Owner, the Independent Engineer and Contractor will attempt to agree on a lump sum deduction from the Contract Amount which shall be based upon the pricing methodology in the Definitive Estimate, less Contractor's actual costs incurred, if any, in deleting such Work. In the event the parties are unable to agree upon a lump-sum reduction in the Contract Amount, such dispute shall be settled pursuant to the procedures set forth in Sections 11.1 through 11.3 hereof.
Decrease in Costs. (a) Subject to paragraph (e) below, each Lender who benefits from a Decrease in Costs as a result of:
(i) the introduction of or any change in (or the interpretation, administration or application of) any law or regulation; or
(ii) compliance with any law or regulation made after the date of this Agreement shall, promptly after a demand by the Borrower, pay the amount of any such Decrease in Costs that a Lender benefited from since the date falling five Business Days after the date on which a Lender has received the Borrower’s request until the Termination Date provided that a Lender who has notified the Borrower through the Agent that it wishes its Commitment to be immediately cancelled and its participation in the Loans made to the Borrower to be repaid in accordance with paragraph (d) below shall not be obliged to pay any amount of any Decrease in Costs.
(b) In this Agreement, “Decrease in Costs” means