Common use of Non-Arm’s Length Transactions Clause in Contracts

Non-Arm’s Length Transactions. Without derogating from the provisions contained in the Project Agreement or any Material Agreement with respect thereto, in the event that there shall be a Non-Arm’s Length Transaction which shall have been Approved by the City (as required in accordance with the Project Agreement), notwithstanding the terms and conditions contained in any contract or arrangement related thereto, all revenues, expenditures and other terms thereof (as Approved by the City) shall be deemed to be on terms and conditions that would be applicable to an Arm’s Length Transaction in similar circumstances, provided that any Non-Arm’s Length Transaction in which both the revenue and expense sides of the Non-Arm’s Length Transaction are included in the Closed System, copies of the agreements for which have been (or will as they are entered into, be) provided to the City prior to the execution thereof, shall not be required to be on terms and conditions that would be applicable to an Arm’s Length transaction in similar circumstances, provided that the proportion of revenue to expenses and the timing of the receipt of revenue and payment of expenses are substantially similar as would be applicable to an Arm’s Length transaction in similar circumstances, and the City has Approved the terms and conditions thereof.

Appears in 4 contracts

Samples: Agreement, cdn.cocodoc.com, pub-ottawa.escribemeetings.com

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Non-Arm’s Length Transactions. Without derogating from the provisions contained in the Project Agreement Agreement, the Stadium Lease or any Material Agreement with respect thereto, in the event that there shall be a Non-Non- Arm’s Length Transaction which shall have been Approved by the City (as required in accordance with the Project Agreement), notwithstanding the terms and conditions contained in any contract or arrangement related thereto, all revenues, expenditures and other terms thereof (as Approved by the City) shall be deemed to be on terms and conditions that would be applicable to an Arm’s Length Transaction in similar circumstances, provided that any Non-Arm’s Length Transaction in which both the revenue and expense sides of the Non-Arm’s Length Transaction are included in the Closed System, copies of the agreements for which have been (or will as they are entered into, be) provided to the City prior to the execution thereof, shall not be required to be on terms and conditions that would be applicable to an Arm’s Length transaction in similar circumstances, provided that the proportion of revenue to expenses and the timing of the receipt of revenue and payment of expenses are substantially similar as would be applicable to an Arm’s Length transaction in similar circumstances, and the City has Approved the terms and conditions thereof.

Appears in 3 contracts

Samples: app06.ottawa.ca, pub-ottawa.escribemeetings.com, app06.ottawa.ca

Non-Arm’s Length Transactions. Without derogating from the provisions contained in the Project Agreement or any Material Agreement the Component Limited Partnership Agreements with respect thereto, in the event that there shall be a Non-Arm’s Length Transaction which shall have been Approved by the City (as required in accordance with the Project Agreement), notwithstanding the terms and conditions contained in any contract or arrangement related thereto, all revenues, expenditures and other terms thereof (as Approved by the City) shall be deemed to be on terms and conditions that would be applicable to an Arm’s Length Transaction transaction in similar circumstances, provided that any Non-Arm’s Length Transaction in which both the revenue and expense sides of the Non-Arm’s Length Transaction are included in the Closed System, copies of the agreements for which have been (or will as they are entered into, be) provided to the City prior to the execution thereof, shall not be required to be on terms and conditions that would be applicable to an Arm’s Length transaction in similar circumstances, provided that the proportion of revenue to expenses and the timing of the receipt of revenue and payment of expenses are substantially similar as would be applicable to an Arm’s Length transaction in similar circumstances, and the City has Approved the terms and conditions thereof.

Appears in 2 contracts

Samples: Master Limited Partnership Agreement, Master Limited Partnership Agreement

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Non-Arm’s Length Transactions. Without derogating from the provisions contained in the Project Agreement Agreement, the Retail Lease or any Material Agreement with respect thereto, in the event that there shall be a Non-Non- Arm’s Length Transaction which shall have been Approved by the City (as required in accordance with the Project Agreement), notwithstanding the terms and conditions contained in any contract or arrangement related thereto, all revenues, expenditures and other terms thereof (as Approved by the City) shall be deemed to be on terms and conditions that would be applicable to an Arm’s Length Transaction in similar circumstances, provided that any Non-Arm’s Length Transaction in which both the revenue and expense sides of the Non-Arm’s Length Transaction are included in the Closed System, copies of the agreements for which have been (or will as they are entered into, be) provided to the City prior to the execution thereof, shall not be required to be on terms and conditions that would be applicable to an Arm’s Length transaction in similar circumstances, provided that the proportion of revenue to expenses and the timing of the receipt of revenue and payment of expenses are substantially similar as would be applicable to an Arm’s Length transaction in similar circumstances, and the City has Approved the terms and conditions thereof.

Appears in 1 contract

Samples: Agreement

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