Further Condition. Notwithstanding subsection 8.1.4, if at the Construction Start Date a KCN Majority has not closed its investment in the Limited Partnership as provided in section 4.4 of this JKDA, and the reason that a KCN Majority has not closed its investment in the Limited Partnership is as a result of the non-performance or non-fulfillment of a condition to be performed or fulfilled by the Limited Partnership or by Hydro, then the Limited Partnership shall not commence construction of the Keeyask Project.
Appears in 2 contracts
Sources: Joint Development Agreement, Joint Development Agreement