Common use of Environmental Proceedings Clause in Contracts

Environmental Proceedings. (i) a judicial proceeding is taken against the Owner and/or the Project Manager in relation to the Assets with respect to environmental damages in an amount exceeding EUR 50,000,000 which is not contested in good faith by either the Owner and/or the Project Manager as relevant (it being understood that the Project Manager may intervene if not named in the proceeding to ensure that the proceeding is being contested), or, if it is contested in good faith, where such contestation is still pending after : (A) in the case of a proceeding against the Project Manager, five years from its initiation; or (B) in the case of a proceeding against the Owner, two years from its initiation, except where an expert of international standing appointed jointly by the Parties has delivered an opinion that such judicial proceeding has no realistic prospect of success; (ii) a judicial proceeding is taken against the Project Manager in relation to any of its other material assets being part of the Plant with respect to environmental damages in an amount exceeding EUR 150,000,000 and which: Table of Contents (A) is not contested in good faith by the Project Manager (unless such contestation is still pending after five years from its initiation); and (B) would affect the capacity of the Project Manager to perform its obligations under this Agreement;

Environmental Proceedings. (i) a judicial proceeding is taken against the Owner Lessor and/or the Project Manager Lessee in relation to the Assets with respect to environmental damages in an amount exceeding EUR 50,000,000 which is not contested in good faith by either the Owner Lessor and/or the Project Manager Lessee as relevant (it being understood that the Project Manager Lessee may intervene if not named in the proceeding to ensure that the proceeding is being contested), or, if it is contested in good faith, where such contestation is still pending after after: (A) in the case of a proceeding against the Project ManagerLessee, five years from its initiation; or (B) in the case of a proceeding against the OwnerLessor, two years from its initiation, except where an expert of international standing appointed jointly by the Parties has delivered an opinion that such judicial proceeding has no realistic prospect of success; (ii) a judicial proceeding is taken against the Project Manager Lessee in relation to any of its other material assets being part of the Plant with respect to environmental damages in an amount exceeding EUR 150,000,000 and which: Table of Contents: (A) is not contested in good faith by the Project Manager Lessee (unless such contestation is still pending after five years from its initiation); and (B) would affect the capacity of the Project Manager Lessee to perform its obligations under this AgreementLease;