Finance Contingency. It is acknowledged and agreed by the Parties that the continued existence of this Contract is expressly contingent upon District closing financing that will allow it to make the payments to ENGIE Services U.S. required by this Contract. District will have thirty (30) calendar days after the Contract Effective Date to close such financing. If the financing is not closed within this time, for any reason, either Party may by written notice to the other Party declare this Contract to be null and void; and the Contract will be null and void as of the other Party’s receipt of this notice; provided that District may not declare this Contract to be null and void after it has issued the Notice to Proceed. It is acknowledged and agreed that ENGIE Services U.S. will have no obligation to commence performance of the Work unless and until the financing has been closed.
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