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Field Code Changed. For the purposes of the TPD a Code Communication shall be limited to a TPD Communication.

Field Code Changed. In the event the Phase 1 PARCA Works Report or Phase 2 PARCA Works identify a need for NGG to obtain Planning Permission in relation to reinforcement works NGG shall undertake those works necessary and submit an application for Planning Permission as soon as reasonably practicable after the date on which the Reservation Party provides Acceptable Security to NGG in accordance with Clause 3.1.

Field Code Changed. Deleted: may refuse to accept that payment (and, if so, the Transfer Fee is deemed not to have been paid by the End User); and

Field Code Changed. If the Parties cannot resolve the Dispute via commercial negotiation, they can attempt to settle it by mediation using the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure current at the time of the Dispute. If the Parties cannot agree on a mediator, the mediator will be nominated by CEDR. If either Party does not wish to use, or continue to use mediation, or mediation does not resolve the Dispute, the Dispute must be resolved using Clauses 39.439.4 to 39.6.

Field Code Changed. ◼ If the principal amount of a Local Authority's borrowings or the Company's commitment under a facility agreement with a Local Authority is at any time greater than NZD 20 million, be a party to a deed of guarantee and an equity commitment deed (in each case in a form set by the Company). Financial covenant Lending policy covenants Foundation policy covenants Net Debt / Total Revenue <175% <250% Net Interest / Total Revenue <20% <20% Net Interest / Annual Rates Income <25% <30% Liquidity >110% >110% Total Revenue is defined as cash earnings from rates, grants and subsidies, user charges, interest, dividends, financial and other revenue and excludes non government capital contributions (e.g. developer contributions and vested assets). Net Interest is defined as the amount equal to all interest and financing costs less interest income for the relevant period. Annual Rates Income is defined as the amount equal to the total revenue from any funding mechanism authorised by the Local Financial covenants are measured on Council only basis and not consolidated group basis, unless requested by a Local Authority and approved by the Board. During the initial three years of operation the Auckland Council will be limited to a maximum of 60% of the Company's total Local Authority (including CCOs (as defined below)) assets. After three years Auckland Council will be limited to a maximum of 40% of the Company's total Local Authority (including CCO) assets. No more than the greater of NZD 100 million or 33% of a Local Authority's or CCO's (as defined below) borrowings from the Company will mature in any 12 month period. Subject to implementation of any amendments or other actions considered necessary, advisable or expedient by the Board and the approval of the Board in relation to the relevant CCO (as defined below)(which may be a Council-Controlled Trading Organisation), an approved CCO may borrow from the Company provided that: ▪ The CCO is a "council-controlled organisation" as defined in section 6 of the Local Government Act 2002, where the CCO is a company in which equity securities carrying at least 51% or more of the voting rights at a meeting of the shareholders of the CCO are held or controlled, directly or indirectly, by one or more Local Authorities (respectively, a "CCO" and each such Local Authority being a "CCO Shareholder"); ▪ Each CCO Shareholder provides a guarantee in respect of the CCO in favour of the Company and/or there is sufficient uncalled capital...

Field Code Changed. TREATMENT F. RETAINED SICK LEAVE ARTICLE 9 - WORK ENVIRONMENT SECTION A. INCLEMENT WEATHER SECTION A. INCLEMENT WEATHER B. VEHICLES ARTICLE 10 - HOLIDAYS SECTION A. RECOGNIZED HOLIDAYS

Field Code Changed. If the Town of Ixonia can no longer collect the School Taxes property taxes levied against the Project land, the Utility agrees to pay directly to the Oconomowoc Area School District and Waukesha County Technical College WCTC, in the amounts of $414.72/year and $19.66/year respectively, with a 1.5% per year escalator, during the useful life of the Project.