Common use of Economic Reinstatement Test During Construction Clause in Contracts

Economic Reinstatement Test During Construction. If prior to the Service Commencement Date the Facility suffers damage or destruction that is likely to cost more than $5 million (Index Linked) to repair, replace and restore, and on the forecast Service Commencement Date following such reinstatement there would be a breach of the Senior Loan Life Cover Ratio test contained in Section 12.1(t) of the Note Indenture, Project Co may, by notice to the Authority, terminate this Agreement in which case the Authority will pay compensation to Project Co in accordance with Section 4 of Schedule 9 [Compensation on Termination].

Appears in 1 contract

Samples: Project Agreement

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Economic Reinstatement Test During Construction. If prior to the Service Commencement Date the Facility suffers damage or destruction that is likely to cost more than $5 million (million, Index Linked) , to repair, replace and restore, and on the forecast Service Commencement Date following such reinstatement there would be a breach of the Senior Loan Life Cover Ratio test contained in Section 12.1(t8.39(a) of the Note IndentureSenior Financing Agreements, Project Co may, by notice to the Authority, terminate this Agreement in which case the Authority will pay compensation to Project Co in accordance with Section 4 5 [No-Fault Termination] of Schedule 9 [Compensation on Termination].

Appears in 1 contract

Samples: Project Agreement

Economic Reinstatement Test During Construction. If prior to the Service Commencement Date the Facility Building or Buildings suffers damage or destruction that is likely to cost more than $5 million million, (Index Linked) ), to repair, replace and restore, and on the forecast Service Commencement Date following such reinstatement there would be a breach of the Senior Loan Life Cover Ratio LLCR test contained in Section 12.1(t11.1(r) of the Note Indenturecredit agreement forming part of the Senior Financing Agreements, Project Co may, by notice to the Authority, terminate this Agreement in which case the Authority will pay compensation to Project Co in accordance with Section 4 5 of Schedule 9 [Compensation on Termination].

Appears in 1 contract

Samples: Project Agreement

Economic Reinstatement Test During Construction. If prior to the Service Commencement Date the Facility suffers damage or destruction that is likely to cost more than $5 million 5,000,000, (Index Linked) ), to repair, replace and restore, and on the forecast Service Commencement Date following such reinstatement there would be a breach of the Senior Loan Life Cover Ratio test contained in Section 12.1(t) of the Note Indenture, Project Co may, by notice to the AuthorityProvince, terminate this Agreement in which case the Authority Province will pay compensation to Project Co in accordance with Section 4 [No-Fault Termination] of Schedule 9 [Compensation on Termination].

Appears in 1 contract

Samples: Project Agreement

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Economic Reinstatement Test During Construction. If prior to the Service Commencement Date the Facility suffers damage or destruction that is likely to cost more than $5 million (million, Index Linked) , to repair, replace and restore, and on the forecast Service Commencement Date following such reinstatement there would be a breach of the Senior Loan Life Cover Ratio test contained in Section 12.1(t15.1(28) of the Note IndentureSenior Financing Agreements, Project Co may, by notice to the Authority, terminate this Agreement in which case the Authority will pay compensation to Project Co in accordance with Section 4 5 of Schedule 9 [Compensation on Termination].

Appears in 1 contract

Samples: Project Agreement

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